AI On Trial: Rethinking Liability In India’s Current Legal Framework

To read the article on Mondaq, click here. Introduction Artificial Intelligence is no longer a futuristic concept in India. It is rapidly transforming healthcare, financial services, education, and governance, and has become embedded in the everyday lives of people. However, such mainstream adoption also brings with it a pressing legal dilemma to decide as to who should be held accountable when AI systems malfunction or cause irreparable harm? Unlike traditional technologies, AI systems are characterized by autonomous decision making, which often makes it difficult to pinpoint liability in case of any damage. While India has existing legal frameworks such as

Proving Loss Of Profit In Construction Arbitration: A Strategic And Legal Guide For Contractors

To read the article on Mondaq, click here. In the domain of construction arbitration, contractual disputes frequently emerge from delays in execution, unforeseen disruptions, or premature and often contentious termination of agreements. These occurrences invariably give rise to complex financial repercussions, particularly affecting contractors who are deprived of the economic benefits originally contemplated under the contract. One of the most significant and recurrent heads of claim in such proceedings pertains to compensation for loss of anticipated profits commonly referred to as loss of profit claims. Such claims typically arise when the contractor alleges that the employer, either by direct act

THE LEGACY OUTREACH EDITION - XIX

Nineteenth edition of the quarterly newsletter

THE LEGACY OUTREACH EDITION - XVIII

Eighteenth edition of the quarterly newsletter

Setting aside of arbitral award only if against public policy: Supreme Court clarifies the extent of the role played by High Courts in hearing appeals

In a recent case bought before the Apex Court, it has been evidently defined that an arbitral award can only be set aside if the award is against the public policy of India. The case, Haryana Tourism Limited (“Appellant” or “Corporation”) V. M/s Kandhari Beverages Limited (“Respondents” or “Company”) is the product of a dispute that arose between both the parties in a transaction that dates back to 2001. The present appeal was heard and adjudged by a bench of Justices M.S. Shah and B V Nagarathna on 11 Jan 2022, filed by the Appellant against an order of the

Supreme Court upholds NGT’s ruling, orders the illegal construction to be razed: Everything that went wrong with a PPP project

If human society is to stay within the bounds of critical ecological thresholds, it is imperative that environmental laws are widely understood, respected and enforced and the benefits of environmental protection are enjoyed by people and the planet.”[i] The Supreme Court vide its judgment dated January 12, 2021 has upheld the ruling of the National Green Tribunal (“NGT”) passed in 2016 regarding demolition of an illegal hotel-cum-restaurant structure built on forest land for the Himachal Pradesh Bus Stand Management and Development Authority (“HPBSM & DA”), the appellant in the instant case. The Court held that the construction constitutes a

Legacy Law Offices LLP acts on EMS Limited IPO

EMS Limited, earlier known as EMS Infracon Private Limited, a Delhi National Capital Region (NCR) based company has filed its draft red herring prospectus (DRHP) with the Securities and Exchange Board of India (SEBI). The company is making its first public offer to raise funds through an initial public offering (IPO) for a fresh issue of equity shares worth up to Rs. 180 crores ($ 21.9 million) and an offer-for-sale (OFS) of up to 82.94 lakh shares by the promoter of the company, Ramveer Singh. At present, Singh holds a 97.81 per cent stake in the company. The company, EMS

High Court of Himachal Pradesh grants relief to Himani – Chamunda Ropeway Project Concessionaire

In a relief to the concessionaire company engaged to develop the Himani-Chamunda Ropeway project at Kangra district the Hon’ble High Court of Himachal Pradesh has granted relief to the company by way of issuing stay on encashment of the bank guarantee. The High Court in its order directed that the respondents including the concessioning authority for the project which is the state department of tourism and civil aviation are restrained from encashing the bank guarantee. Earlier, the department had issued notice of termination to Usha Breco Chamunda Devi Ropeway Private Limited citing default by the company. The company on its