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Published Articles

Legacy > Published Articles (Page 5)
05 June
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The consolidation of India’s construction laws: A long overdue reform

Posted by Mr. Gagan Anand
in Published Articles

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 India’s construction sector is a manifestation of scattered legislation and uncertainty in interpretation, leading to disputes and lingering litigation. Construction laws in India are governed by various legislation, ranging from the 1872 Contract Act, to extensive statutory provisions in labour laws including a few specific laws, such as the Building and Other Construction Workers Act, 1996 and other state-specific laws and regulations. The...

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05 June
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New parameters on public procurement and project management

Posted by Mr. Gagan Anand
in Published Articles

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 Introduction The Central Vigilance Commission (CVC), the Comptroller and Auditor General (CAG) of India and the National Institution for Transforming India (NITI Aayog),1 in cooperation with the Ministry of Finance2 (MoF), have opened the way to the reorganisation of procurement and project management in India. India’s infrastructure has always been sluggish in terms of cost and time overruns and delays, necessitating a review of procurement and project...

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05 June
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Bournvita Controversy: Losing The ‘Health Drink’ Tag

Posted by Aamir Zafar
in Published Articles

To read the article on Legal500, click here. A spark that surfaced recently on social media platforms has kindled a new contentious discussion in India. Our childhood favourite ‘Bournvita’ is being examined for its claim of being a ‘health drink’ for youngsters. The row surfaced when, in April 2023, Revant Himatsingka, who was holding a prominent finance job in the US, sacrificed his lucrative salary and returned to India to spearhead a ‘nutrition revolution’. Revant, who had around 1000 followers then, uploaded a video to his social media handle targeting Bournvita and claiming that the ‘health drink’ contains dangerously excessive amounts of...

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05 June
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The Validity Of An Unstamped Arbitration Agreement: The NN Global Judgment

Posted by Mr. Gagan Anand
in Published Articles

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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05 June
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Coal India vs. Competition Commission Of India: Case Analysis

Posted by Mr. Gagan Anand
in Published Articles

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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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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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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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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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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