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Published Articles

Legacy > Published Articles (Page 2)

SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-II

SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. II. Order XI : Disclosure Discovery and Inspection of Documents in Suit before the Commercial Division of A High Court or a Commercial Court The Order XI of Civil Procedure Code applicable to commercial disputes of specified value as introduced by the Commercial Courts Act, 2015 is different from the Order XI of Civil Procedure Code applicable to other Civil Disputes in material ways. This order has 7 rules divided into sub-rules and sub-sub-rules as opposed to 23 rules in the Order XI applicable to other civil suits. A brief, Rule-wise discussion is given .It...

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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-III

SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. III. Order XIII-A: SUMMARY JUDGMENT Introduction A summary procedure of pronouncing judgment has been introduced through the addition of Order XIII-A applicable to the commercial suits of specified value. 1 It may be mentioned here that commercial suits involve monetary litigation between parties to a commercial contract and involve complex questions of facts and law often times requiring special attention of the Court. So far the remedy of summary procedure was available under Order XXXVII most commonly known as ‘Suits for Recovery’ where the lis involved recovery of amount due on a negotiable instrument or an...

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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

To read the article on Mondaq, click here. IV. DEFENCE TO A CIVIL SUIT The Order IV: Institution of Suits of the Code of Civil Procedure, 1908 (hereinafter CPC) specifies that a suit shall be instituted by presentation of Plaint. The Order VI Rule 1 of the CPC 1 stipulates that pleading shall mean Plaint or Written Statement. The significance of a Written Statement filed by the Defendant is very well understood. A Suit becomes meaningful when it is contested on the basis of a well drafted Written Statement. The Commercial Court Act has added by way of amendment Rule 3A in Order VI, which...

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Analysis Of The 2019 Amendments To The Citizenship Act (1955) And The 2024 Amendment To The Citizenship Rules 2009

To read the article on Mondaq, click here. The Central Government has on March 11, 2024 notified the Citizenship Amendment Rules 2024 pending which the provisions of the Citizenship (Amendment) Act, 2019 could not be given effect to, even after receiving assent of the Parliament in December 2019. These rules lay down the procedural aspect of implementing the provisions of Citizenship Amendment Act, 2019. They are a handmaid to the Citizenship Amendments specially introduced in favor of according Indian citizenship status to certain persons. A brief discussion on the Citizenship Amendment Act, 2019 is necessary to understand the purpose of the...

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Concurrent Delays In Infrastructure Projects & The Indian Contract Act, 1872

To read the article on Mondaq, click here. "Delay" in infrastructure projects has become the norm, whereas timely completion of the project has become the exception. During the execution of an infrastructure project, the parties may encounter several events which delay the execution and completion of the Project. Delay in completion of projects brings with itself a host of questions left to be determined by contract administrators, courts and tribunals. At its core, lies the question - who is responsible for the delay? & consequences thereof! If the delay is occasioned by any act of the Employer ("Employer's Delay Event"), the Contractor will...

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Construction, climate change mitigation and the right to be free from the adverse effects of climate change

Disclaimer - This article was first published in Construction Law International in July 28, 2024 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. ‘We know we are not on track to limit global warming to 1.5 degrees Celsius. The window for meaningful change is closing, and the time to act is now.’[1] In December 2023, in their meeting at the 28th United Nations Conference of Parties (COP28), over 198 signatory countries to the Paris Agreement, 2015 (the ‘Agreement’), resolved to undertake a ‘global stocktake’ and discuss...

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The Rise Of Artificial Intelligence & The Future Of Personality Rights

To read the article on Mondaq, click here. "Artificial intelligence is growing up fast, as are robots whose facial expressions can elicit empathy and make your mirror neurons quiver." – Diane Ackerman Artificial intelligence (AI) has a long history that can be traced back to the eighth century BCE when Hephaestus created "attendants made of gold, which seemed like living maidens," as depicted in Homer's Iliad. The term "artificial intelligence" itself, however, was not coined until the 1950s, when John McCarthy defined it in 1955. AI systems use algorithms to process input data to predict outcomes, solve problems, and initiate actions. Historically, AI...

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Securing A Claim For Bonus In Arbitration: A Contractor’s Guide

To read the article on Mondaq, click here. The Clause for Early Completion Bonus ('Bonus') is provided in works contracts with the intention to reduce the time taken for completion that would normally be required. This is done by incentivising the contractor with a right to claim a certain percentage of the contract price as a bonus in case the actual completion date precedes the scheduled completion date. The contract may provide for such Bonus on early completion of a milestone, substantial work, or the complete project itself before the scheduled completion date. The advantage of inserting such a provision in a...

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Securities And Exchange Board Of India (SEBI) Tightens Insider Trading Regulations By Broadening The Definition Of ‘Connected Persons’ And Introducing The Definition Of ‘Relatives’.

To read the article on Mondaq, click here. After SEBI's quarterly board meeting, held on September 30, 2024, the regulator has, strengthened its anti-insider trading rules i.e. the SEBI (Prohibition of Insider Trading) Regulations, 20151 (the "PIT Regulations"), by broadening the definitions of 'connected persons' and 'immediate relatives'. The PIT Regulations, which came into effect in May, 2015, were designed to level the playing field for all investors by preventing insider trading activities. However, lately, there has been growing cases of individuals & entities exploiting their access to UPSI to gain an unfair advantage in the securities market. Presently, under the PIT Regulations,...

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The story of the Tower of Babel inspires the present-day infrastructure industry in many ways

To read the article on Mondaq, click here. The story of the Tower of Babel inspires the present-day infrastructure industry in many ways. Where the biblical literature specifies that in order to deter the people from constructing a tower to heaven, God apparently caused confusion with respect to the languages of all the workers, thus rendering it impossible for them to understand one another, the ancient literature on the Tower of Babel offers an example into the modern-day project management failures on various levels. For Kenya, however, the construction of the Bunge Tower reprised the incident of the Tower of Babel, where...

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