The RERA Act has provided a very speedy and summary procedure to resolve the issues. This has provided relief to a lot of allottees and has also regularized the real estate market.
Category: Authentic Legal Advice
Abuse of dominant position by banks in Real Estate Projects
It is just a matter of time that the detailed information with thorough research about the specific loan market and details of methods used by the Banks to exploit the allottees and regarding abuse or malpractices of the Banks to be reported to the commission.
Security cheque under the purview of section 138 negotiable instruments act, 1881
Dishonour of “Security Cheques” is not an offence. A Security Cheque is a cheque issued to a drawee as security or surety, not issued against the repayment of the loan.
Copyright: Infringement and Legal Remedies in India
When a person enjoys exclusive rights during the term of registration of design without taking authorization and license from the registered owner of the design is committing the act of infringement.
Voluntary Liquidation
IBBI changed the liquidation procedure to be of a fixed duration. The new rules require the process to be completed within one year of its inception.
UP-RERA splendid performance in last four years
Kind of strong initiative by the authority gave a ray of hope to homebuyers as their rights are more protected now than ever. The authority is taking every possible step to avoid the violation of the provisions of the RERA Act and to protect the interest of the homebuyers.
Supreme court directed central government to frame model builder-buyer agreement
It is important to frame a model builder-buyer agreement to seek out transparency and uniformity and to protect the interest of homebuyers and consumers from builders’ unfair practices.
Remedies to allottees when the land is disputed
After the registration of the project if any defect comes into light which creates any problem in completion of the project, RERA Act provides remedy for the same.
Legel remedies to get refund on stalled projects: An Analysis
Section 18(1) of the RERA Act provides for ‘Return of amount and compensation’ which is the base for complaint under section 31 seeking refund, interest and compensation.
Haryana Government attached builder’s land for violating provisions of environment act
The Haryana State Pollution Control Board (hereinafter referred to as HSPCB) directed Rs. 45.40 crore penalty for violation of the Environment Act provisions. Additionally, the government has proceeded with criminal prosecution against delinquent builder in the environment court of Kurukshetra.
EVEN AFTER POSSESSION, NO SIGN OF OC FOR UNITECH ESCAPE RESIDENTS
It’s overthree years, around 30 families got possession in one of the eight towers in the Unitech Escape on Golf Course Road (extension) but still didn’t get an occupation certificate.
Insolvency and Bankruptcy Code (Amendment) Bill, 2021
The Code was enacted in 2016 to consolidate and amend the laws governing corporate reorganization and insolvency resolution for corporations, partnerships, and individuals.
CoC is empowered to consider revised financial offers keeping in mind the time limit set out by law: NCLAT
The NCLAT had to decide whether the NCLT/CoC may provide resolution applicants repeated chances to alter their individual resolution plans and whether the CoC was authorised to entertain fresh or revised resolution plans without exhausting available bids.
Jurisdiction in Copyright dispute arising from CIRP can be decided only by NCLT: Delhi HC
A dispute arose after the completion of the liquidation proceeding and whether the dispute relates to special legislation, such as the Copyright Act, where civil courts have been granted exclusive jurisdiction.
HC dismiss the writ regarding fees on IPs by IBBI
CA. Venkata Siva Kumar, the petitioner, is a chartered accountant who has registered as an IP with the IBBI. In his writ petition, he claimed that the IBBI Regulations, 2016 are in violation of Articles 14, 19, and 21 of the Constitution and should be overturned.