In India, similar to other jurisdictions, unregistered trademark owners also have certain rights under common law to protect their enregistered marks. These rights are primarily based on prior use of the mark in commerce and can provide some level of protection against unauthorized use by others. Here’s an overview of the rights for unregistered … Continue reading “RIGHTS OF OWNER’S OF UNREGISTERED TRADEMARK IN INDIA”
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted in India to regulate the real estate sector and protect the interests of homebuyers.
Once a voluntary consumer association is registered in the Societies Registration Act, it will be deemed to be a recognized consumer association unless it is a voluntary association of the consumers.
Neither the promoter nor the allottee can deny such rights & duties as mentioned in this article no matter what has been documented by the Builder or agreed by the Allottee.
All allottees approaching before these forums secure reliefs for them but the execution force is a bit low therefore they feel remediless even after winning a long legal battle. A better option which has come forward is where allottees come forward to form a group and then approach these forums.
Interest Free Maintenance Security becomes a method for the builder to misappropriate funds. Hence every association of buyers should evaluate the refund of IFMS.
The parliament in order to regulate this one of the fastest-growing sectors passed “The Real Estate (Regulation and Development) Act, 20164 which came into effect on 1st May 2016.
Marital cruelty can be physical, mental, emotional, or sexual. Mental cruelty involves causing agony and suffering to a partner in some way that makes it difficult for either person to live with. Physical cruelty includes beatings, slaps, and other forms of physical violence. Sexual cruelty, on the other hand, include forcing a partner to indulge in sexual intercourse or unnatural sex.
the interest of the allottees is protected and the survival of real estate companies and completion of projects is ensured. As the amendment in the IBC has brought much needed clarity and provided the much-needed right to the home buyers/allottee.
The allottees are left helpless when the developers stands either insolvent or incapable of delivering the possession even after passage of years beyond the date of delivery.
The Articles of Association of a company are the documents that specify the rules, regulations, and bye-laws governing the company’s internal management, as well as the conduct of its business, and are a vital document in the company’s life.
The Karnataka High Court on 16.11.2021, allowed a deferment of all loan repayments, and directed the bank not to recovery the home loan and refrain from take any coercive action.
UP RERA, considering the surge of Covid-19 and restrictions imposed on construction due to an increase in pollution, has extended the registration of the projects, by default, for which no promoter has to file an application before the Authority.
Since the real estate projects are the turkey projects and take multiple years to get it completed, a normal delay can be accepted. Any delay of more than 1 year from promised date of possession is regarded as ‘extra-ordinary delay’.
Section 5(8)(f) Explanation makes it clear that any amount raised from an allottee under a real estate project shall be deemed to be an amount having the commercial effect of a borrowing.
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