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Published Articles

Legacy > Published Articles (Page 5)
05 June
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Simplifying The Commercial Courts Act, 2015: II. Order XI: Disclosure Discovery And Inspection Of Documents In Suit Before The Commercial Division Of A High Court Or A Commercial Court

Posted by legacy
in Published Articles

To read the article on Mondaq, click here. 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 is necessary to start the discussion by referring to the last Rule 7 of this Order. Under Rule 7: Certain provisions of the Code of...

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

Posted by Mr. Gagan Anand
in Published Articles

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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05 June
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Boosting Infrastructure – Budget 2022-23

Posted by legacy
in Published Articles

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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20 May
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Complex construction arbitrations and duty of care of arbitrators: Satluj v Jaiprakash Hyundai case analysis

Posted by Mr. Gagan Anand
in Published Articles

Disclaimer - This article was first published in Construction Law International on 20 December, 2023 and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association. To read the article on IBA, click here. In the recent case of Satluj Jal Vidyut Nigam Ltd v Jaiprakash Hyundai Consortium & Ors[1] (hereinafter referred to as ‘Satluj v Jaiprakash’), the Hon’ble High Court of Delhi, while dealing with a challenge to an award passed in a construction-related dispute, observed that in the context of construction contracts, the amounts involved are usually astronomical. The judgment, passed on 12 July 2023, sought...

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

Posted by legacy
in Published Articles

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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20 May
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Attorney Client Privilege In The AI Era

Posted by Sadiqua Fatma
in Published Articles

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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20 May
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A Grim Tale Of Two Towers – Apex And Ceyane

Posted by legacy
in Published Articles

To read the article on Mondaq, click here On 28th February, 2022, the Supreme Court was informed how the demolition of two 40-storied towers, T-16 and T-17 namely Apex and Ceyane belonging to the Emerald Court Project of Supertech Builders would be carried out in phased manner with the use of specialized blasting procedure. During the demolition, the area would be declared a no-fly zone and would be completely evacuated. The demolition would be completed by May 22, 2022. Background of Dispute: The Emerald Court Owner Resident Welfare Association had approached the Allahabad High Court in 2012 alleging that the Developer was constructing...

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20 May
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Targeted Advertisements And Digital Personal Data Protection

Posted by Mr. Gagan Anand
in Published Articles

To read the article on Mondaq, click here. A portion of the childhood memories of a substantial number of people of India is filled with beguiling jingles, which used to run on televisions, during the advertisement breaks between shows and cricket matches. In some cases, these tiny songs or parodies, being the primary method to promote goods and services at the time, became the identity of many brands, and became so closely associated with such brands so as to be continually used alongside their names. As time progressed, advancements in technology took place and the means to promote goods and services changed...

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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-IV

Posted by legacy
in Laws Of Surveillance, Published Articles
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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08 March
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SIMPLIFYING THE COMMERCIAL COURTS ACT, 2015-III

Posted by legacy
in Laws Of Surveillance, Published Articles
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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