Governments the world over want to spend more on infrastructure (the benchmark for developing countries is 7-8% of GDP per annum) to lay the foundation for sustained and inclusive growth. India is no exception. It realizes that more needs to be spent on infrastructure for the country to regain its position as the fastest growing large economy in the world. While India spent about 7.2% of its GDP on infrastructure during the Eleventh Plan period (2008-12), this number has recently come down to approximately 5%. The backdrop of the book is the ambitious National Infrastructure Plan (NIP); the Task Force report on the NIP was finalized in April 2020. Since infrastructure investment is crucial to faster and inclusive growth, it is timely that the NIP is actioned now, given that the Indian economy contracted to 7.3% in the financial year 2020-21. This book discusses various aspects of infrastructure financing in detail, with a major section devoted to green financing of infrastructure.
The book provides readers with a clear understanding of infrastructure challenges, how Public‐Private Partnerships (PPP) can help, and their use in practice. Infrastructure bottlenecks are generally considered the most important constraint to growth in many countries worldwide. Historically, infrastructure projects have been financed and implemented by the state. However, owing to the fiscal resource crunch, time and cost over‐runs, and the general poor quality of publicly provided infrastructure, many emerging market governments, including India, have increasingly adopted PPPs with billions of dollars of investment riding on them. The results have been varied – from spectacular airports like the Delhi International Airport Limited with the associated controversy over land use, to the renegotiation of contracts as in the case of Tata Mundra Ultra Mega Power Project. Illustrating concepts with relevant case studies, the book makes the challenges of PPPs understandable to industry and management practitioners as well as students of management, public policy and economics. It is useful to practitioners wishing to avoid the pitfalls in the tricky terrain of PPPs and policymakers wanting guidance in crafting proper incentives. It also helps students gain a holistic and “applied” understanding of this increasingly important and popular model. “Public Private Partnerships (PPPs) in India are currently under stress. A comprehensive treatment of the subject by a long-time and erudite practitioner and a management academic, this book should be useful to students trying to learn the basics, while also being valuable to professionals and policy makers. The book suggests that the Government should hold bidders accountable to their submitted bids, thereby preserving sanctity of contract. This will discourage aggressive bidding which has become a serious and endemic problem. The book also suggests the use of better bidding criteria to mitigate traffic risk in transport projects. Policy makers should pay heed to these suggestions as they consider improvements in the PPP policy regime going forward.”—Arvind Subramanian, Chief Economic Adviser, India/div “For a fast-growing India, infrastructure creation and operation is a great challenge and opportunity. This excellent book combines theory and practice on PPPs, and is very useful for professionals and students alike. With case studies and current developments, the authors bring out issues in India with global experiences as well. A must-read for infrastructure practitioners.”—Shailesh Pathak, Chief Executive (Designate), L&T Infrastructure Development Projects Limited “India’s program of private participation in infrastructure attracted worldwide attention as it became one of the largest programs in emerging markets. As well as the volumes of finance mobilized, it garnered interest because of some of the innovative approaches developed, such as Viability Gap Funding. The Indian PPP story is well captured in this book, which also makes the point that India is seeing project cancellations and failures rise. The authors analyze the factors behind this and point the way to a more robust PPP market that learns from the experiences of the past.”—Clive Harris, Practice Manager, Public-Private Partnerships, World Bank/div
About the book It serves as a ready reckoner explaining complex provisions of Search and Seizure in a lucid manner. It gives pointed answers to common questions. Answers are supported with relevant case laws. Offers practical solutions to complex situations. Step by step guide to deal with search and surveys. Key Features It serves as a ready reckoner explaining complex provisions of Search and Seizure in a lucid manner. It gives pointed answers to common questions. Answers are supported with relevant case laws. Offers practical solutions to complex situations. Step by step guide to deal with search and surveys. About the author Gagan Kumar is a commerce graduate from Delhi University, a member of the Bar Council of Delhi and a fellow member of the Institute of Chartered Accountants of India. Before setting up "Krishnomics Legal" Gagan was Principal Associate with one of the leading law firms of India and also worked with large accounting firms. With extensive experience in litigation and advisory aspects on tax practice, he has successfully represented various matters before the Supreme Court, High Court, Income tax and central excise and service tax tribunals and district courts. Gagan has advised several domestic and international companies on tax issues relating to corporate tax, transfer pricing, mergers and restructuring, tax prosecution, GST, custom, service tax etc. he has also advised on structuring options to various private equity funds.
About the Book This book is an easy reference and how to do guide for handling prosecution matters under the Income-tax Act, 1961 and GST Laws. This book would be of immense help to Chartered Accountants and other tax practitioners who generally do not practice before the trial courts. It covers the journey of prosecution provisions and how it evolved over a period of time. Testimonials “This is very timely and much needed guidance for practitioners, in-house counsels and students alike. Gagan does a great job in tracing the legislative history, judicial precedents and applicable statutes in relation to tax prosecution in a lucid manner.” Abhishek Chawla Tax Director- Xerox Corp, USA “To write about a complicated subject like prosecution under income tax law, that too in a clear, lucid and authoritative manner, in itself is an achievement. It is indeed heartening to see the seamless manner in which this complex web of Criminal Procedure Code and Income-tax Act, 1961 has been emancipated by the author.” Sunil Gupta Ex-IRS & Joint Secretary (TPL) CBDT, Ministry of Finance, New Delhi “The book demystifies in clear simple language a complex piece of domestic legislation all ably put in spotlight.” Girish Punwani Direct Tax (GM), Maruti Suzuki Inida Limited.
The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It also evaluates the ongoing discourse on various issues relating to life, liberty, equality and human dignity and their reflections in international human rights law referring the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development and theories of human rights at preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human right to development and protection of environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The latter part of the book emphasises on the protection of rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang).Though the book is primarily designed for LLB, BA LLB and LLM and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil society.
The book, written with the author's extensive teaching experience at The West Bengal National University of Juridical Sciences, (NUJS) Kolkata and Department of Law, University of Calcutta, attempts to critically analyse Indian High Courts and Supreme Court cases on Code of Civil Procedure. It also evaluates the relationship between statutory procedural law and case law as a subject. The book's presentation of recent Supreme Court and High Court rulings is its primary attraction. These rulings have been examined, along with the critical analysis of the radical and extensive effects of the Code. This book is divided into six parts and is clear and well-structured. Part I develops theoretical foundations of the subject. Part II demonstrates certain important issues on the (i) scope of jurisdiction of civil courts to entertain disputes, (ii) principles governing res sub judice, res judicata and foreign judgment, (iii) nature of powers exercised by civil courts in matters relating to place of suing, institution of suit, transfer of cases, withdrawal and compromise of suits, (iv) necessary conditions for first hearing, interim order, trial as well as special suits, (v) scope and ambit of law relating to pleadings, appearance and non-appearance of parties, discovery, inspection, production of documents, death, marriage, insolvency of parties, judgment and decrees. Part III explores various issues on appeals, reference, review and revision. In this part an attempt has also been made to discuss different facets of law on first appeals, second appeals, appeals from orders, appeals by indigent persons and appeals to the Supreme Court. Part IV discusses various principles on execution. Part V deals with miscellaneous issues on the Law of Civil Procedure. Part VI includes commercial courts and their procedure as well as the law of limitation. Like the first edition, it is intended that this second edition would be helpful to LLB and LLM students, researchers, academicians, jurists, attorneys, judges, and members of civil society. KEY FEATURES OF SECOND EDITION 1. Written with case analysis method. 2. Demonstrates authoritative discussion on appeal, reference, review, and revision. 3. Examines the contemporary significance of inherent powers of the courts. 4. Explores a detailed discussion on the law of limitation including computation of period of limitation. 5. Critically analyses the establishment of commercial courts and highlights the significant changes in the Code of Civil Procedure. TARGET AUDIENCE • Students of LLB and LLM • Researchers, Academicians, Jurists, Attorneys, Judges, and Members of Civil Society.
The book written with a rich teaching experience of the author at National Law University and State University, attempts to critically analyse Indian High Court and Apex Court cases on the Law of Civil Procedure. It also evaluates the relation between statutory procedural law and case laws as subject. Most importantly, the book presents recent judgments of Supreme Court, particularly based on Post Amendment Acts of 1999 and 2002. Also, these cases have been analysed in addition to a critical examination of the radical and far reaching effect of the Code. This lucid and well-organised book is divided into five parts. Part I develops theoretical foundations of the readers on Civil Procedure Code. Part II demonstrates certain important issues on the (i) scope of jurisdiction of civil courts to entertain disputes, (ii) principles governing res sub judice, res judicata and foreign judgement, (iii) nature of powers exercised by civil courts in matters relating to place of suing, institution of suit, transfer of cases, withdrawal and compromise of suits, (iv) necessary conditions for first hearing, interim order, trial as well as special suits, (v) scope and ambit of law relating to pleadings, appearance and non-appearance of parties, discovery, inspection, production of documents, death, marriage, insolvency of parties, judgment and decrees. Part III explores various issues on appeals, reference, review and revision. In this part, an attempt has also been made to discuss different facets of law on first appeal, second appeals, appeals from orders, appeal by indigent persons, appeals to the Supreme Court. Part IV is devoted to discuss various principles on execution. Part V deals with miscellaneous issues on the Law of Civil Procedure and includes Appendix on the Law of Limitation. The book will prove useful to the students of LLB and LLM for their course study. Besides, the book will be of immense use to the professionals. Key Features • Written with case analysis method. • Contains an authoritative discussion on the complexity of the Second Appeal after its determination and re-determination since the British period. • Important Supreme Court and High Court decisions are examined and analysed critically.
The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights at the preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human rights to the development and protection of the environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The second half of the book emphasises the protection of the rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang). NEW TO THIS EDITION • Law on HIV/AIDS Management • Covid-19 Management law • Legislative aspect of protection of the environment • Recent law on triple talaq • Decriminalisation of adultery • Right of Hindu women to offer worship in Sabrimala temple • Right to access to justice, judicial review, legal aid, and speedy trial • Surrogacy and reproductive right • Law on POSCO • Hard law and soft law, and Recent law on divyang Though the book is primarily designed for LL.B., B.A.LL.B., LL.M., and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil societies. TARGET AUDIENCE LL.B., B.A.LL.B., LL.M., and courses on human rights.
The book provides readers with a clear understanding of infrastructure challenges, how Public‐Private Partnerships (PPP) can help, and their use in practice. Infrastructure bottlenecks are generally considered the most important constraint to growth in many countries worldwide. Historically, infrastructure projects have been financed and implemented by the state. However, owing to the fiscal resource crunch, time and cost over‐runs, and the general poor quality of publicly provided infrastructure, many emerging market governments, including India, have increasingly adopted PPPs with billions of dollars of investment riding on them. The results have been varied – from spectacular airports like the Delhi International Airport Limited with the associated controversy over land use, to the renegotiation of contracts as in the case of Tata Mundra Ultra Mega Power Project. Illustrating concepts with relevant case studies, the book makes the challenges of PPPs understandable to industry and management practitioners as well as students of management, public policy and economics. It is useful to practitioners wishing to avoid the pitfalls in the tricky terrain of PPPs and policymakers wanting guidance in crafting proper incentives. It also helps students gain a holistic and “applied” understanding of this increasingly important and popular model. “Public Private Partnerships (PPPs) in India are currently under stress. A comprehensive treatment of the subject by a long-time and erudite practitioner and a management academic, this book should be useful to students trying to learn the basics, while also being valuable to professionals and policy makers. The book suggests that the Government should hold bidders accountable to their submitted bids, thereby preserving sanctity of contract. This will discourage aggressive bidding which has become a serious and endemic problem. The book also suggests the use of better bidding criteria to mitigate traffic risk in transport projects. Policy makers should pay heed to these suggestions as they consider improvements in the PPP policy regime going forward.”—Arvind Subramanian, Chief Economic Adviser, India/div “For a fast-growing India, infrastructure creation and operation is a great challenge and opportunity. This excellent book combines theory and practice on PPPs, and is very useful for professionals and students alike. With case studies and current developments, the authors bring out issues in India with global experiences as well. A must-read for infrastructure practitioners.”—Shailesh Pathak, Chief Executive (Designate), L&T Infrastructure Development Projects Limited “India’s program of private participation in infrastructure attracted worldwide attention as it became one of the largest programs in emerging markets. As well as the volumes of finance mobilized, it garnered interest because of some of the innovative approaches developed, such as Viability Gap Funding. The Indian PPP story is well captured in this book, which also makes the point that India is seeing project cancellations and failures rise. The authors analyze the factors behind this and point the way to a more robust PPP market that learns from the experiences of the past.”—Clive Harris, Practice Manager, Public-Private Partnerships, World Bank/div
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