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Legacy > Blog (Page 9)
14 December
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Mahanadi Coalfields Ltd. And Another v. IVRCL AMR Joint Venture – Supreme Court On The Relevancy Of ‘Words’ And ‘Meaning’ In Interpreting An Arbitration Agreement

Posted by legacy
in Tenancy Laws

To read the article on Mondaq, click here Intent combined with commitment brings clarity of thought, which is a prerequisite for drafting an error-free arbitration clause in an agreement or contract. In cases where judges have to deal with an ambiguous arbitration clause, it poses a number of interpretive challenges. In a recent case of Mahanadi Coalfields Ltd. and Another v. IVRCL AMR Joint Venture1, the Court rendered an excellent judgment on the relevance of "words" and "meaning" in interpreting an arbitration agreement. The crux of the matter is, that it is quintessential for the courts to examine the validity...

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29 November
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3P|2.0 – Will the dream come true for India?

Posted by legacy
in Budget

To read the article on IJPIEL, click hereAbstractThe Public Private Partnership Framework of India is in dire need of robust Governmental intervention at a policy and implementation level. Considering this, the 3P India Plan by Late Mr. Arun Jaitley germinated in 2014. This Plan would be responsible for the regulation, management, and financial structures of Public Private Partnership Projects in India. Although the 3P India Plan’s building blocks were laid via the 2016 Budget, the same remained incomplete due to lackluster efforts by the then Government. However, efforts for this Plan were renewed via the 2019 Budget, whose results are...

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29 November
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Recorded Consent of Both Parties Enough for Courts to Remand the Matter to Same Sole Arbitrator

Posted by legacy
in Laws Of Surveillance

To read the Article on Mondaq, click hereUnder the Arbitration and Conciliation Act, 1996 (“the Arbitration Act”), there is a recourse available to parties to challenge the arbitral award passed. Section 34 of the Arbitration and Conciliation Act, 1996 has witnessed many interpretations and judgments that shape the ambit under which an award can be challenged. This Section holds great accord for party autonomy and minimal interference from the judiciary.It may also be stated that party autonomy is the soul of arbitration. Recent development in the law in the form of the Supreme Court holding in Mutha Constructions v Strategic Brand...

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28 July
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New parameters on public procurement and project management Gagan Anand

Posted by legacy
in Public Procurement

Note: This article was first published in Construction Law International, Vol 17 No 2, June 2022, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. Introduction The Central Vigilance Commission (CVC), the Comptroller and Auditor General (CAG) of India and the National Institution for Transforming India (NITI Aayog) [1], in cooperation with the Ministry of Finance (MoF) [2], have opened the way to the reorganisation of procurement and project management in India. India’s infrastructure has always been sluggish in terms of cost and time overruns and delays,    necessitating a review of procurement and project management...

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01 March
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Supreme Court Elucidates Registration Act: Production Of Original Copy Of Power Of Attorney Not Mandatory For Sale & Registration Of Property

Posted by legacy
in Property

To read the Article on Mondaq, click here The Hon'ble Supreme Court in its recent judgment has clarified the interpretation of the Registration Act, 1908 ("Reg Act") in terms of production of original Power of Attorney ("PoA") to facilitate sale of property. It was strongly observed that there is no need to produce the original copy of the PoA to sell the property and register the same, merely producing a copy of the PoA shall suffice. This fair warning comes to light through the case of Amar Nath Vs Gian Chand1 which was adjudged by a bench of Justices K.M. Joseph and P.S. Narasima...

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26 February
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High Court of Himachal Pradesh grants relief to Himani – Chamunda Ropeway Project Concessionaire

Posted by legacy
in Chamunda Ropeway Project Concessionaire

To read the Article on AsiaLaw, click here In a relief to the concessionaire company engaged to develop the Himani-Chamunda Ropeway project at Kangra district the Hon’ble High Court of Himachal Pradesh has granted relief to the company by way of issuing stay on encashment of the bank guarantee. The High Court in its order directed that the respondents including the concessioning authority for the project which is the state department of tourism and civil aviation are restrained from encashing the bank guarantee. Earlier, the department had issued notice of termination to Usha Breco Chamunda Devi Ropeway Private Limited citing default by the company....

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09 February
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Boosting Infrastructure – Budget 2022-23

Posted by legacy
in Budget

To read the Article on AsiaLaw, click here It would be apt to term the Budget, 2022-23 presented by the Hon’ble Finance Minister as “Atmanirbhar Bharat- Revisited”. Notably, the “Budget 2022” has been welcomed warm heartedly by the Infrastructure Industry. It has been heartening to see that the Government has made an attempt to deliver a “nation-building Budget” which primarily focusses on “core infrastructure” which is important for economic growth. It is clear that emphasis has been specifically laid on the Infrastructure industry and to look for better and efficient ways of recovery from the COVID-19 Pandemic. Overall, the Budget 2022-23 appears to achieve...

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01 February
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Creating Funds For Infrastructure Projects: Govt’s NMP To Raise Capital Through Monetising Brownfield Assets

Posted by legacy
in National Monetisation Pipeline

To read the Article on Mondaq, click here The government of India on 23rd August 2021 launched the National Monetisation Pipeline ("NMP") in consultation with NITI Aayog and secretaries of infrastructure ministries keeping in mind the mandate for asset monetisation under the Union Budget 2021-22. This pipeline of assets that the government shall monetise with the help of core assets has the potential to generate capital of 6 lakh crores from Financial Year ("FY") 2022 to FY 2025. This serious decision about investment is to cater to infrastructure projects that are currently planned and to additionally create a firm foundation for future projects. In...

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31 January
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Setting aside of arbitral award only if against public policy: Supreme Court clarifies the extent of the role played by High Courts in hearing appeals

Posted by legacy
in Arbitrage, Articles

In a recent case bought before the Apex Court, it has been evidently defined that an arbitral award can only be set aside if the award is against the public policy of India. The case, Haryana Tourism Limited (“Appellant” or “Corporation”) V. M/s Kandhari Beverages Limited (“Respondents” or “Company”) is the product of a dispute that arose between both the parties in a transaction that dates back to 2001. The present appeal was heard and adjudged by a bench of Justices M.S. Shah and B V Nagarathna on 11 Jan 2022, filed by the Appellant against an order of the...

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15 December
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National Capital To Witness Change In Tenancy Laws: Centre To Repeal Delhi Rent Control Act And Enact New Act Based On Model Tenancy Act

Posted by legacy
in Tenancy Laws

To read the Article on Legal500, click here “Real estate cannot be lost or stolen, nor can it be carried away. Purchased with common sense, paid for in full, and managed with reasonable care, it is about the safest investment in the world.”  – Franklin D Roosevelt   The urbanized parts of India are an oasis to the deserted opportunities and lifestyle in the rest of the sub-tropical nation. Urban housing has always been demanding owing to the constant migration of rural populations to cities in hopes of jobs and better lifestyles. The rapid increase in the urban population has led to the inevitable...

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