EXCLUSION CLAUSES IN CONTRACTS BARRING A CLAIM FOR DAMAGES
I. Introduction Section 73 of the Indian Contract Act, 1872 (“Contract Act”) is a statutory declaration of the right of a party to claim damages for a loss or damage caused by breach of the contract.
Assessing Damages in Construction Contracts – Part II
I. INTRODUCTION This is the second part of our series on the subject of damages in construction and infrastructure disputes. The first part can be accessed, here.
The Exclusive Jurisdiction of Courts regarding Wills -Scope for arbitration/mediation of disputes arising out of a Will
I. Introduction A probate[1], as per the Indian Succession Act, 1925 (“Succession Act”), means a copy of a will[2] certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator.
Angel Tax and the (un)Ease of Doing Business in India
I. Introduction The provisions relating to angel tax in the Income Tax Act, 1961 (“IT Act”) were primarily introduced to regulate funding received by unlisted companies from angel investors and specifically, to curb money laundering and funnelling of black money into the start-up ecosystem.
GREEN HYDROGEN (SERIES II): A PRACTICAL INSIGHT INTO GREEN HYDROGEN PROJECT DEVELOPMENT
I. INTRODUCTION The green hydrogen sector has seen rampant development in recent years with the international community showing significant interest in reducing the reliance on fossil fuels and preventing harmful climate change.
REGULATING AI
It is undeniable that over the last 2 (two) decades or so, technology has taken a huge leap forward.
CHANGES TO THE MERGER CONTROL REGIME IN INDIA – COMPETITION LAW UPDATE
Recently the Indian Parliament approved the Competition (Amendment) Bill, 2022 (“Bill”) which introduces significant changes to the Competition Act, 2002 (“Act”).
WINDING UP AIFS SET UP IN THE FORM OF TRUSTS
This paper seeks to outline the grounds for, and compliances involved in winding up of an “alternative investment fund” set up as a trust and discusses a few lacunae in the law in this regard and some common practical issues faced by the fund upon winding up.
TO ‘PERKINS’ OR NOT TO ‘PERKINS’
Recently, a Single Bench of the High Court of Calcutta has delivered a judgment, McLeod Russel India Limited v. Aditya Birla Finance Limited (“McLeod Russel”)[1] in an application under Section 14 of the Arbitration and Conciliation Act, 1996[2] (“Act”).
THE DIGITAL PERSONAL DATA PROTECTION BILL 2022 – An Analysis
The draft Digital Personal Data Protection Bill, 2022 (“DPDPB”) was released on November 18, 2022 by the Ministry of Electronics and Information Technology (“MeitY”) for public consultation, pursuant to its withdrawal of the draft Personal Data Protection Bill 2019 (“PDPB 2019”) in August 2022.