Whether Real Estate Appellate Tribunal Has Jurisdiction To Initiate Suo Moto Proceedings & Pass Directions Under RERA Act? Delhi HC Appoints Amicus
3 years, 2 months ago

Whether Real Estate Appellate Tribunal Has Jurisdiction To Initiate Suo Moto Proceedings & Pass Directions Under RERA Act? Delhi HC Appoints Amicus

Live Law  

The Delhi High Court has appointed Senior Advocate Rajeeve Mehra as the amicus curiae to assist it in considering the issue as to whether the Real Estate Appellate Tribunal has the jurisdiction to initiate suo motu proceedings and pass directions affecting the ongoing constructions in the city. The petitioner had challenged the order passed by the Real Estate Appellate Tribunal dated November 24, 2021. Vide the said order, the Delhi Real Estate Appellate Tribunal had stayed all the construction activities, including residential and commercial activities, in the national capital that were undertaken without registration of the Real Estate Regulatory Authority till the project was registered with the authority. The suo moto proceedings were initiated by it for ensuring strict compliance of the provisions of the Real Estate Act, 2016 regarding prior registration of projects and also to curb incidents of developers cheating innocent buyers.

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History of this topic

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025
1 month ago

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Live Law  

Nominal Index Citations Rimpa Saha v. District Primary School Council Malda 2025 LiveLaw 143 Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw 144 Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal No.12213/2019 2025 LiveLaw 145 State of Madhya Pradesh v. Dileep 2025 LiveLaw 146 Bhupinder Singh v. Unitech Ltd., Civil Appeal …

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court
1 month, 1 week ago

Prospective Home Buyers Can Also Approach RERA For Remedies: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has made it clear that home buyers who have deposited certain amount and are prospective allottees can also filed complaint in Real Estate Regulatory Authority for redressal of grievances. Observing that this argument was "rudderless" a division bench of Justice Sureshwar Thakur and Justice Vikas Suri said, "The reason being that when, within the …

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT
3 months ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 1 week ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8
3 months, 1 week ago

REAL ESTATE WEEKLY ROUND UP: DECEMBER 2 – DECEMBER 8

Live Law  

Haryana Real Estate Regulatory Authority Haryana RERA Directs Anant Raj Builders To Pay Interest, Execute Conveyance Deed In Favor Of Homebuyer Case – Mohit Bansal Versus M/s. Delhi State Commission Failure To Meet Contractual Obligations: Delhi State Commission Holds TDI Infrastructure Liable For Deficiency In Service Case Title: Mr. Raman Singla Vs. TDI Infrastructure Ltd Case Number: C.C. 875/2018 The …

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor
7 months, 1 week ago

Delhi HC appoints arbitrator to deal with disputes between cricketer Yuvraj Singh, realtor

Deccan Chronicle  

New Delhi: The Delhi High Court has appointed an arbitrator to adjudicate disputes between former Indian cricketer Yuvraj Singh and a real estate firm over alleged violation of his privacy rights in promotion of construction projects and for delaying delivery of a dwelling unit to him in the national capital. The high court said the arbitration would take place under …

Plea In Kerala High Court Seeks Appointment Of Judicial Member To Upcoming Vacancy In State's Real Estate Appellate Tribunal
10 months ago

Plea In Kerala High Court Seeks Appointment Of Judicial Member To Upcoming Vacancy In State's Real Estate Appellate Tribunal

Live Law  

Social Justice Vigilance Forum, a registered society under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, has approached the Kerala High Court seeking appointment of a Judicial Member in the Kerala State Real Estate Appellate Tribunal due to an expected vacancy that would arise from May 28, 2024. The Act was implemented in Kerala on May 01, …

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court
11 months, 3 weeks ago

No Writ Against Order Of Tribunal Rejecting Application U/S 16 Of The A&C Act Unless It Shocks The Conscience Of The Court: Delhi High Court

Live Law  

The High Court of Delhi has held that an order of the arbitral tribunal rejecting an application challenging its jurisdiction under Section 16 of the A&C Act cannot be challenged in a writ petition unless the order is so perverse that it shocks the conscience of the Court. During pendency of the arbitration proceedings, the petitioner moved an application under …

Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal
1 year ago

Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal

Live Law  

The Karnataka High Court bench comprising of Justice M. Nagaprasanna has directed the State government of Karnataka to expeditiously appoint chairperson and members to Karnataka Real Estate Appellate Tribunal, which has become non-functional due to these vacant posts. Aggrieved by these directions, the promoter filed an appeal with the Karnataka Real Estate Appellate Tribunal. Consequently, the petitioner filed a writ …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2
1 year, 2 months ago

Judicial Service Exams: Question And Answers (MCQs) Based On Latest Judgements- PART-2

Live Law  

MCQs based on Current SC Judgments- September 2023 21. 2023 LiveLaw 724, 2023 INSC 776 b) Drakshayanamma v. Girish, 2023 LiveLaw 709 c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 d) State of Punjab v. Shika Trading Co., 2023 LiveLaw 721: 2023 INSC 773 Answer- c) Appaiya vs Andimuthu@ Thangapandi & Ors, 2023 LiveLaw 811 Explanation: The Supreme …

Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court
1 year, 3 months ago

Real Estate Appellate Tribunal Can Appoint Commission For Getting Material Aspects Required For Settling Disputes: Kerala High Court

Live Law  

The Kerala High Court recently laid down that that the Kerala Real Estate Appellate Tribunal, which has special power to regulate its own procedure, can appoint a Commission as well, if the Tribunal is of the opinion that appointment of such a Commission is necessary for getting certain material aspects, which are required for the purpose of deciding the matter …

NCLAT Chennai: Grounds Not Taken On Jurisdiction Before Cannot Be Contested Afresh On Appeal When The Parties Accepted The Jurisdiction In NCLT
1 year, 4 months ago

NCLAT Chennai: Grounds Not Taken On Jurisdiction Before Cannot Be Contested Afresh On Appeal When The Parties Accepted The Jurisdiction In NCLT

Live Law  

The National Company Law Appellate Tribunal, Chennai Bench comprising of Justice M. Venugopal and Shreesha Merla dismissed the appeal filed by Jitendra Virmani against the National Company Law Tribunal Bangalore order dated 27.11.2019. The Appellate Tribunal held that the grounds not taken on jurisdiction before the NCLT, cannot be contested afresh on appeal as the parties have exercised acquiescence and …

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital
1 year, 11 months ago

High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital

Live Law  

The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of …

High Court Asks Delhi Waqf Board To File Separate Petition Against Centre’s Decision On Status Of 123 Properties, Refuses Interim Relief
2 years ago

High Court Asks Delhi Waqf Board To File Separate Petition Against Centre’s Decision On Status Of 123 Properties, Refuses Interim Relief

Live Law  

The Delhi High Court Wednesday asked the Delhi Waqf Board to file a separate petition to challenge Central Government’s decision to “absolve” the board from all matters pertaining to 123 properties, which have been under dispute for a long time. Justice Manoj Kumar Ohri refused to pass an urgent order in Delhi Waqf Board’s application moved in a pending petition …

Supreme Court Yearly Digest 2022- Judiciary
2 years, 1 month ago

Supreme Court Yearly Digest 2022- Judiciary

Live Law  

Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to …

Real Estate Appellate Authority Can't Initiate Suo Moto Proceedings: Delhi High Court
2 years, 9 months ago

Real Estate Appellate Authority Can't Initiate Suo Moto Proceedings: Delhi High Court

Live Law  

The Delhi High Court has held that the Real Estate Appellate Authority cannot possibly be recognized as conferred with the power to initiate proceedings suo moto or on its own motion. Analyzing the relevant provisions of the Real Estate Act, 2016, Justice Yashwant Varma added that the Appellate Tribunal is a creation of statute and that it is not an …

RERA Act | Under Section 71(1), The Adjudicating Authority Can Decide The Compensation Alone. : Chhattisgarh High Court
2 years, 10 months ago

RERA Act | Under Section 71(1), The Adjudicating Authority Can Decide The Compensation Alone. : Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court recently held that under Section 71 of the Real Estate Act, 2016, the adjudicating authority can decide the compensation alone. The Appellate Tribunal of RERA was not available in Chhattisgarh, as was required under the RERA Act, 2016, to be established within one year. The Court remarked that prima facie, therefore conformant of power on STAT …

Calcutta High Court Seeks State's Response In PIL Alleging Non-Implementation Of RERA In West Bengal
3 years ago

Calcutta High Court Seeks State's Response In PIL Alleging Non-Implementation Of RERA In West Bengal

Live Law  

The Calcutta High Court on Tuesday sought response from the State government in a Public Interest Litigation alleging that members of Real Estate Regulatory Authority and the Appellate Tribunal have not yet been appointed in West Bengal despite the State government having notified the establishment of the West Bengal Real Estate Regulatory Authority and the the Real Estate. The Calcutta …

Delhi Real Estate Appellate Tribunal Stays All Construction Activities In City Undertaken Without Registration Of RERA Till Project Registration
3 years, 3 months ago

Delhi Real Estate Appellate Tribunal Stays All Construction Activities In City Undertaken Without Registration Of RERA Till Project Registration

Live Law  

The Delhi Real Estate Appellate Tribunal has stayed all the construction activities, including residential and commercial activities, in the national capital that are undertaken without registration of the Real Estate Regulatory Authority till the project is registered with the authority. "Accordingly, in view of the above, all construction activity in NCT of Delhi, residential as well as commercial, faling within …

Delhi Real Estate Appellate Tribunal Initiates Suo Moto Proceedings To Ensure Strict Compliance Of Registration Of Projects, Curb Cheating Of Buyers
3 years, 4 months ago

Delhi Real Estate Appellate Tribunal Initiates Suo Moto Proceedings To Ensure Strict Compliance Of Registration Of Projects, Curb Cheating Of Buyers

Live Law  

The Delhi Real Estate Appellate Tribunal has initiated suo moto proceedings for ensuring strict compliance of the provisions of the Real Estate Act, 2016 regarding prior registration of projects and also to curb incidents of developers cheating innocent buyers. it is considered appropriate that suo-moto proceedings are initiated in the matter to ensure that there is strict compliance of the …

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court
4 years, 1 month ago

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court

Live Law  

The Supreme Court observed that an appellate court's jurisdiction under Section 96 of the Code of Civil Procedure, involves a rehearing of appeal on questions of law as well as fact.The bench comprising Justices S. Abdul Nazeer and Surya Kant observed thus while setting aside an order passed by Karnataka High Court which had dismissed the appeal filed against a …

[Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices [Read Order]
4 years, 5 months ago

[Criminal Cases Against MPs/MLAs] Madhya Pradesh HC Registers Suo Moto Petition; Issues Notices [Read Order]

Live Law  

In compliance of the order of the Supreme Court dated 16.09.2020 passed in W.P. No.600/2016, the Madhya Pradesh High Court registered a suo motu petition on 21.09.2020 for monitoring the progress of the trials of the pending criminal cases against sitting/former Legislators. It may be noted that the Supreme Court on Wednesday asked the Chief Justices of the High Courts …

Orissa HC Orders State Government To Expedite Establishment Of Real Estate Appellate Tribunal [Read Order]
4 years, 8 months ago

Orissa HC Orders State Government To Expedite Establishment Of Real Estate Appellate Tribunal [Read Order]

Live Law  

The Orissa High Court last week pulled up the State Government for inordinate delay in making the Real Estate Appellate Tribunal functional in the state. In view of the above, the High Court has directed that until the Appellate Tribunal is made fully functional, the State Government shall give financial autonomy to the "Odisha Real Estate Appellate Tribunal" by allocating …

Supreme Court Weekly Round-Up
5 years, 7 months ago

Supreme Court Weekly Round-Up

Live Law  

There is no necessity of imposing cost when the parties to a cheque bounce case have amicably settled the matter at the stage of issuance of summons itself, the Supreme Court reiterated. Section 292BB Income Tax Act Does Not Save Complete Absence Of Notice The Supreme Court observed that Section 292BB of the Income Tax Act applies only to cure …

Appoint Permanent RERA and Appellate Tribunal Within Three Months, SC Tells 'Recalcitrant' States/UTs [Read Judgment]
5 years, 7 months ago

Appoint Permanent RERA and Appellate Tribunal Within Three Months, SC Tells 'Recalcitrant' States/UTs [Read Judgment]

Live Law  

The Supreme Court has directed the States/Union Territories to appoint permanent adjudicating officers as Real Estate Regulatory Authority and Appellate Tribunal within a period of three months.The court issued this direction in its judgment upholding the amendments made to the Insolvency and Bankruptcy Code in 2018 to treat homebuyers as financial creditors. The Supreme Court has directed the States/Union Territories …

Petitions Seeking CLAT Retest: SC Posted For Hearing Tomorrow, Directs Petitioners To Serve Copy Of Petitions To Respondents, Seeks Details Of All Petitions Pending Before HCs [Read Order]
6 years, 9 months ago

Petitions Seeking CLAT Retest: SC Posted For Hearing Tomorrow, Directs Petitioners To Serve Copy Of Petitions To Respondents, Seeks Details Of All Petitions Pending Before HCs [Read Order]

Live Law  

Hearing two writ petitions challenging the CLAT-2018, the Supreme Court vacation bench of Justices A. M. Khanwilkar and Navin Sinha on Wednesday directed advance copy to be served on the respondents, requiring the orders, if any, passed by any of the six High Courts seized of similar petitions to be placed before itself as well as any reply that may …

Supreme Court Weekly Round-Up
6 years, 10 months ago

Supreme Court Weekly Round-Up

Live Law  

No Court Can Extend Statutory Period To Prefer Election PetitionThe Supreme Court, in Reji Thomas vs. State of Kerala, observed that once the mechanism provided under the Statute provides for a time schedule for preferring an election petition, in the absence of a provision in the Statute for enlarging the time under any given circumstances, no court can extend the …

Advocate Sends Representation To Delhi HC ACJ Gita Mittal Against State Filing Writ Under Art 226, Seeks Amendment To HC Rules
7 years ago

Advocate Sends Representation To Delhi HC ACJ Gita Mittal Against State Filing Writ Under Art 226, Seeks Amendment To HC Rules

Live Law  

An advocate and a professor of Law have made a representation to the Delhi High Court Acting Chief Justice Gita Mittal seeking amendment to the Delhi High Court Rules relating to regulation of proceedings for issue of Writs under Article 226 of the Constitution of India and stressing that states should not be allowed to challenge Tribunal’s order under Article …

Advocate Sends Representation To Delhi HC ACJ Gita Mittal Against State Filing Writ Under Art 226, Seeks Amendment To HC Rules
7 years ago

Advocate Sends Representation To Delhi HC ACJ Gita Mittal Against State Filing Writ Under Art 226, Seeks Amendment To HC Rules

Live Law  

An advocate and a professor of Law have made a representation to the Delhi High Court Acting Chief Justice Gita Mittal seeking amendment to the Delhi High Court Rules relating to regulation of proceedings for issue of Writs under Article 226 of the Constitution of India and stressing that states should not be allowed to challenge Tribunal’s order under Article …

Bombay High Court Upholds Validity of Real Estate (Regulation and Development) Act
7 years, 3 months ago

Bombay High Court Upholds Validity of Real Estate (Regulation and Development) Act

Live Law  

The Bombay High Court has upheld the constitutional validity of the Real Estate (Regulation and Development) Act. The court rejected the challenge to the provisions of the new Act, which contains specific provisions to tackle problems like delay in possession, arbitrary interests levied on home buyers etc.

Bombay HC Upholds Validity Of Real Estate (Regulation And Development) Act [Read Judgment]
7 years, 3 months ago

Bombay HC Upholds Validity Of Real Estate (Regulation And Development) Act [Read Judgment]

Live Law  

In a huge relief to thousands of home buyers, the Bombay High Court has upheld the constitutional validity of the Real Estate Act.A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties in the matter and upheld the provisions of the new Act that came into effect on May 1, 2017.The Supreme Court …

Bombay HC starts hearing constitutional challenges to provisions of RERA
7 years, 4 months ago

Bombay HC starts hearing constitutional challenges to provisions of RERA

Firstpost  

The Bombay High Court on Monday began hearing a bunch of petitions challenging the constitutional validity of certain provisions of the Real Estate Act. Mumbai: The Bombay High Court on Monday began hearing a bunch of petitions challenging the constitutional validity of certain provisions of the Real Estate Act. In September, after several petitions challenging RERA were filed in high …

SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision
7 years, 6 months ago

SC Tells Bombay HC To Decide Pleas On RERA Expeditiously, Other HCs Asked To Wait For The Decision

Live Law  

The Supreme Court on Monday directed the Bombay High Court to expeditiously decide all pleas and petitions challenging the validity of the new Real Estate Act.The bench of Justice Arun Mishra and Justice MM Shantanagoudar directed other high courts where similar pleas against the legislation have been filed to wait for the Bombay High Court’s decision in. The Supreme Court …

Supreme Court directs Bombay High Court to expedite pending RERA-related pleas
7 years, 6 months ago

Supreme Court directs Bombay High Court to expedite pending RERA-related pleas

Firstpost  

The Supreme Court on Monday directed the Bombay High Court to expeditiously decide the pleas challenging the validity of Real Estate Act which are pending there. New Delhi: The Supreme Court on Monday directed the Bombay High Court to expeditiously decide the pleas challenging the validity of Real Estate Act which are pending there. The apex court asked the other …

Centre moves SC seeking transfer of pleas against RERA to Delhi HC
7 years, 6 months ago

Centre moves SC seeking transfer of pleas against RERA to Delhi HC

The Hindu  

The Supreme Court on Wednesday agreed to hear the Centre’s petition seeking transfer of various pleas, which are challenging validity of the Real Estate Act and are pending in different high courts, to the Delhi High Court. The government mentioned the matter before a bench headed by Chief Justice Dipak Misra and said that 21 petitions challenging the validity of …

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