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Published Articles

Legacy > Published Articles (Page 4)
05 June
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Use Of Fly Ash In Construction Contracts- Whether Change In Law Or Change Of Scope?

Posted by Eshjyot Walia
in Published Articles

To read the article on Legal500, click here Fly-ash has been a cause of environmental pollution, creating health hazards.  For disposal, Fly Ash requires large areas of precious land.  On account of the increasing concern for environmental protection and growing awareness of the ill effects of pollution, disposal of ash generated at thermal power plants was considered to be an urgent and challenging task. The first Notification for regulating the use and disposal of fly ash was issued by the Ministry of Environment & Forests, Govt. of India vide Notification bearing No.S.O.763 (E), dated 14th September, 1999 in pursuance of the Order...

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05 June
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Recorded Consent Of Both Parties Enough For Courts To Remand The Matter To The Same Sole Arbitrator

Posted by legacy
in Published Articles

To read the article on Mondaq, click here Under 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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05 June
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Can Hashtags be registered as Intellectual Property in India?

Posted by Vidhi Koolwal
in Published Articles

To read the article on Mondaq, click here. In an ever-evolving era of digitization and mobile telephony, social media has become a quintessential platform for business development and marketing. Companies and stakeholders swear upon the dependency of businesses on social media marketing in the present times. Businesses are jumping on the band-wagon of social networking websites like Twitter, Facebook, Instagram, etc. for increasing their outreach to prospective consumers around the world in ways, one more innovative than the other. One such way is the usage of hashtags (#) to coin a new word or expression which can potentially connect large number of...

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05 June
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A Collision Of Marks: Decoding Trademark Disputes In The Indigo-Mahindra Saga

Posted by Aamir Zafar
in Published Articles

To read the article on Mondaq, click here. In the realm of commerce and industry, a trademark serves as much more than a mere identifier of goods or services; it is a symbol of the reputation, trust, and goodwill accrued by its proprietor. The significance of trademarks in maintaining a distinct identity within the marketplace has led to the establishment of stringent legal frameworks to safeguard these intellectual property rights. The dispute between InterGlobe Aviation Limited (operating under the brand name "Indigo") and Mahindra Electric Automobile Limited (a subsidiary of Mahindra & Mahindra) over the use of the alphanumeric identifier "6E"...

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05 June
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Simplifying The Commercial Courts Act, 2015: III. Order XIII-A: Summary Judgment

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. 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 admitted monetary liability. Now, by the addition...

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05 June
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A Glimpse of the Draft Digital Personal Data Protection Rules in India

Posted by Mr. Gagan Anand
in Published Articles

Disclaimer - This article was first published in Construction Law International on 12 February, 2025 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. Introduction On 3 January 2025, the Ministry of Electronics and Information Technology, as part of the Government of India, published the draft Digital Personal Data Protection Rules, 2025 (the ‘Draft DPDP Rules’), inviting comments and suggestions from the public until 18 February 2025. The Draft DPDP Rules are intended to supplement the Digital Personal Data Protection Act, 2023 (the ‘DPDP Act’), which was...

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05 June
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Simplifying The Commercial Courts Act, 2015: IV. Defence To A Civil Suit

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. 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,...

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05 June
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Stamp Duty And Corporate Restructuring Regime In India: A Glimpse

Posted by Shraddha Korekar
in Published Articles

To read the article on Mondaq, click here. Stamp Duty Legislation and its Significance in State Revenue With an outgrowth in mergers and amalgamations happening across the Indian market, the State Government has been exercising its power to levy specific stamp duties on these transactions under the Indian Stamp Act, 1899. The Hon'ble Supreme Court of India has classified mergers, demergers, amalgamations, and other corporate transactions within the category of 'conveyance', defined under Section 2(10) of the Indian Stamp Act, 1899 and has provided that State Government may prescribe/levy specific stamp duty rates in different States based on market value of the...

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

Posted by Mr. Gagan Anand
in Published Articles

To read this 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....

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05 June
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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 Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, 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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