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Laws Of Surveillance

Legacy > Laws Of Surveillance

Coal India vs. Competition Commission of India: Case Analysis

To read the article on Mondaq, click here.One of the basic rules of interpretation states that no provision of a statute should be read in isolation to the other statutes and that while interpreting a law, it should be presumed that the Parliament, at the time of making such law, was well aware of the existence of all the other laws in force in India. This rule, also known as the ‘rule of harmonious construction’, being one of the cardinal principles of interpretation of statutes, recently formed the basis of the decision in the recent case of Coal India Limited &...

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A Glimpse into the Provisions under the Competition (Amendment) Act, 2023

To read the article on Mondaq, click here.The Competition Act, 2002, (hereinafter referred to as ‘Principal Act’) came into force on March 31, 2003, and has since undergone few amendments, thus leaving a wide scope for the progressive ways in which the anti-trust regime in India can be enforced.In lieu of such a dire need felt by the legislature, the Competition (Amendment) Act, 2023 (hereinafter referred to as ‘Act of 2023’) was published in the Indian Gazette after receiving the President’s assent on April 11, 2023. Through the enactment, robust reforms were brought within the law in order to bring...

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The Validity of an Unstamped Arbitration Agreement: The NN Global Judgment

To read the article on Mondaq, click here.The Arbitration & Conciliation Act, 1996 (Arbitration Act) is a state-of-the art legislation based on the UNCITRAL Model Law on International Commercial Arbitration, 1985, and enforced with the objective of providing an alternative remedy to disputes in India. Being a well thought-out piece of legislation, the Act has been designed to preclude judicial scrutiny, except in certain limited circumstances, including where the existence of the arbitration agreement in itself, is put to question. In any other case, the Act has been repeatedly upheld to hold a preceding position as compared to other laws. The...

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India’s 2030 goals: a sustainable and technologically sound construction nation

To read the article on the IBA website, click  here As a developing country with the second largest population in the world, India is arguably highly dependent on construction. According to the submission made by the Ministry of Environment, Forests and Climate Change (MoEFCC) of India to the United Nations Framework Convention on Climate Change (UNFCCC) dated November 2022, the nation’s buildings account for 40 per cent of the country’s total energy consumption, with such energy use expected to increase at an annual rate of eight per cent. The MoEFCC further predicts the development and construction of over 900 million square...

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The Revolutionary Chat GPT And Its Legal Policies

To read the article on Mondaq, click  here The year 2022 marked a fresh and innovative beginning for the field of artificial intelligence (AI), wherein the technology was re-introduced in a more accessible and usable form to the public. While the roots of AI date way back to the era when Alan Turing's machine decoded the German code ‘enigma', it is needful to mention that the developments in the field since that war have been manifold. The most recent development was the introduction of a downloadable web application which acted as a chat-bot for people who were either curious about or...

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Attorney Client Privilege In The AI Era

To read the article on Mondaq, click  here Recently, the world has seen landmark advancements in the field of artificial intelligence where one of the most popular innovation, has been the release of an application called Chat GPT, which has been described as an artificially intelligent chat-bot which generates user specific, human-like results for an individual. Chat GPT was designed by a company called Open AI, which is an AI research and deployment company based in the United States of America. Other than the said radical technology, the company was also responsible for the development of other artificially intelligent applications known...

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

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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Curbing Misleading Advertisements – A Birdview of the New Guidelines

To read the article on Mondaq,  click hereIntroductionThe Consumer Bill of Rights lists 6 important Consumer rights which are the Right to Safety, the Right to be Informed, the Right to Choose, the Right to be Heard, the Right to Seek Redressal and the Right to Consumer Education. As advertisements are an important and significant source of information related to the product and service quality & purpose, it becomes necessary that they give correct and true information to the intended consumer and are not mere baits to trap consumers to make them part with their hard earned money in exchange for...

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Pegasus project – a conspectus of laws of surveillance and the concerns over privacy

To read the Article on International Bar Association, click here Gagan Anand Legacy Law Offices, New Delhi, Delhi anand@legacylawoffices.com Shreya Pahwa Legacy Law Offices, New Delhi, Delhi ​​​​​​​shreya.pahwa@legacylawoffices.com   The Pegasus Project investigation was brought to light by the Paris-based, non-profit media group, Forbidden Stories and Amnesty International. The reports have revealed a widespread misuse of NSO Group Technologies’ spyware, Pegasus. As per NSO, Pegasus was developed to be sold exclusively to vetted governments to aid law enforcement agencies and intelligence departments to fight crime and avoid terrorism. Yet, according to the leaked data, the spyware was being used as hacking software instead of its conventional use as...

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India’s parliament introduces Bill to alter Arbitration Law: attempt to put an end to fraudulent practices

To read the article on IBA net,   click here India’s laws relating to arbitration are largely based on the English Common Law. The Indian arbitration regime is governed and regulated by the Arbitration and Conciliation Act 1996 (the ‘Principal Act’), which derives its basis from the 1985 United Nations Commission on International Trade Law (UNCITRAL) Model on International Commercial Arbitration and the UNCITRAL Arbitration Rules of 1976. The Principal Act was passed to consolidate the laws relating to domestic arbitration, international and commercial arbitration, enforcement of foreign arbitral awards, and the law relating to conciliation. Since its inception, the Principal Act...

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