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Published Articles

Legacy > Published Articles (Page 4)
05 June
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Simplyifying the Commercial Courts Act, 2015

Posted by legacy
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To read the article on Mondaq, click here. The Ban List: CPC, 1908 provision not applicable to Commercial Suits filed under the Commercial Courts Act, 2015 The Commercial Courts Act, 2015 ("Act of 2015") is an improvement over the Code of Civil Procedure, 1908 ("Act of 1908") in respect of commercial disputes. This Act is a handmaid to the Act of 1908 to provide speedy disposal of commercial suits. Various amendments have been made to the Act of 1908 in furtherance of the objectives of the Commercial Courts Act. Commercial suits are those where cause of action is arising out of...

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05 June
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The Changing Phases Of Arbitration Laws In India

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To read the article on Mondaq, click here Arbitration Law in India is governed chiefly by Arbitration & Conciliation Act, 1996 (Act) which is based on the UNCITRAL model and came into force on August 22, 1996. This Act's primary objective is to provide speedy and effective dispute resolution for both International & Domestic commercial arbitration, Conciliation and Enforcement of Foreign Awards in India. Significantly, filing of an application under section 34 provided automatic stay of Awards by convention till 2015 Amendment came into picture. The Act is an evolving legislation and has gone through major amendments in 2015, 2019 and more...

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05 June
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Quoting Identical Prices In Tender Not Itself A Conclusive Proof Of Bid Rigging

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To read the article on Mondaq, click here. Introduction In respect of an open tender for surgical tapes dated 26.05.2016 invited by the All India Institute of Medical Sciences (AIIMS) (hereinafter, referred as the "Tender"), the Competition Commission of India (CCI) on a letter received by it dated 26.05.2016 from the Assistant Store Officer of AIIMS, took suo moto cognizance on the allegation of cartelization between two of the thirteen bidders of the Tender, namely, Romsons Scientific & Surgical Industrial Private Limited (hereinafter, referred as "Romsons") and BSN Medical Private Limited, now Essity India Private Limited (hereinafter, referred as "BSN" or "Essity"). It was noted by the CCI...

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05 June
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E-Commerce Rules 2020, A Boon Or A Bane?

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To read the article on Mondaq, click here. Introduction: Buying products off of an online marketplace or an e- commerce ecosystem might seem a bit daunting of a task especially after all the recent reports of scams and unfair trade practices that users of such platforms are falling prey to. In order to deal with such an issue, the Government had to take certain steps in order to protect the consumer from such malpractices and to reinstate their trust in such online ecosystems and to enable its care-free utilisation. Keeping that in mind, the Consumer Protection (E- Commerce) Rules, 2020 ("Act") have been...

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05 June
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Automated Smart Meters: The New-Gen System of Electricity Regulation

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To read the article on Mondaq, click here "A massive revolution in the electricity utility of our daily lives is going to be inevitable." We live in a world where everything is almost too easily automated and technologically fuelled. With the advent of our environment becoming more self-operating and sustaining, our utilities have not been ignored from the picture. The Maharashtra State Electricity Distribution Company Limited ("MSEDCL"), earlier this year floated tenders for the installation of 10 lakh smart meters for domestic electricity users in the State. This radical initiative started way back in 2020, when our Finance Minister, Ms. Nirmala Sitharaman...

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05 June
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A Glimpse Into The Provisions Under The Competition (Amendment) Act, 2023

Posted by Gagan Anand and Vidhi Koolwal
in Published Articles

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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05 June
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AI In Construction – Calculating The Risks And The Laws

Posted by Vandana Randhawa
in Published Articles

To read the article on Mondaq, click here. Artificial Intelligence (AI) is the 'new thing' that will transform every economy. It has the capability of streamlining processes, the manner of thinking, and the performances of each sector. However, there still remain a number of wrinkles, which need ironing in terms of the widespread adoption of AI and other machine learning data driven technologies, including the need for legislations, or ratification of international treatises for governing the use and scope of the technologies as well as the determination of responsibilities in case of a default committed on account of such use. Construction and...

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05 June
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A Grim Tale Of Two Towers – Apex And Ceyane

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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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05 June
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The Management Of Construction & Demolition Waste And Viksit Bharat

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, click here. Introduction It is an undeniable fact that the Construction and Infrastructure (C&I) sector plays an integral role in driving the economy of any developing country. For India, which has recently adopted a vision of attaining a 'Viksit Bharat', this role played by the C&I sector has attained a refreshed importance. One of the significant drawbacks, however, connected with robust construction activities is the substantial amount of solid waste generated on a daily basis, which has the direct effect on increasing the carbon footprint of not only the industry, but also the nation altogether. Recently, during the...

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05 June
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The Revolutionary Chat GPT and its Legal Policies

Posted by Mr. Gagan Anand
in Published Articles

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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