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Remedy Under A&C Act Is In Addition To Remedies Under Special Statutes, But Once Elected Other Remedies Are Barred For Same Dispute: Calcutta HC
7 hours, 12 minutes ago

Remedy Under A&C Act Is In Addition To Remedies Under Special Statutes, But Once Elected Other Remedies Are Barred For Same Dispute: Calcutta HC

Live Law  

The Calcutta High Court bench comprising Justice Krishna Rao has observed that the remedy available under the Arbitration and Conciliation Act, 1996 is in addition to the remedies available under other special statutes and the availability of alternative remedies is not a bar to the entertaining of a petition under the Arbitration and Conciliation Act, 1996. Reliance was also placed …

Arbitration Dispute Court Agreement Suit Act Rera
Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court
1 month ago

Whether Claim Is Barred By Res Judicata Cannot Be Decided By Court At S.11 Stage Of Arbitration Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Survir Sehgal affirmed that the question whether a claim is barred by res judicata, does not arise for consideration in a proceedings under Section 11 of the Arbitration Act. That the petitioner had two remedies and having chosen to avail the remedy under Real Estate Act, 1996, he was debarred from …

High Court Arbitration Court Res Judicata Respondent Act Rera
Granting possession of a flat without completion and firefighting clearance certificates ‘illegal’: SC
3 months, 1 week ago

Granting possession of a flat without completion and firefighting clearance certificates ‘illegal’: SC

Hindustan Times  

In a move that would help homebuyers, the Supreme Court has said that if a real estate developer offers possession of a flat to a buyer without completion and firefighting clearance certificates, it would not only be illegal but would amount to deficiency in service under the Consumer Protection Act. Supreme Court deems granting possession of a flat without completion …

Supreme Court Court Order Firefighting Flat Supreme Rera
Himachal Pradesh High Court Weekly Round-Up: August 19 - August 25, 2024
3 months, 3 weeks ago

Himachal Pradesh High Court Weekly Round-Up: August 19 - August 25, 2024

Live Law  

Nominal Index : Shehwaz Khan State of H.P and Anr. 2024 LiveLaw 48 Sumit Khanna and another Versus Kanchan Sunil Adani and others 2024 LiveLaw 49 Mohan Singh & others Versus State of Himachal Pradesh & Anr 2024 LiveLaw 50 Satvir Singh Vs Rajesh Pathania 2024 LiveLaw 51 Judgments/Orders: Legislature Has Prohibited Instantaneous & Irrevocable Divorce, Other Forms Of Talaq …

Court Title 2024 Cpc Act Rera Himachal Pradesh
Karnataka RERA news: Retired IAS officer Rakesh Singh appointed new K-RERA chief
4 months ago

Karnataka RERA news: Retired IAS officer Rakesh Singh appointed new K-RERA chief

Hindustan Times  

The Government of Karnataka has placed retired IAS officer Rakesh Singh at the helm of the state’s Real Estate Regulatory Authority as its chairman. Retired IAS officer Rakesh Singh appointed new K-RERA chief In the interim period, the state government had issued an order appointing Naveen Raj Singh, principal secretary, housing department, to officiate as the acting chairman of K-RERA. …

Karnataka Singh Rera Ias Rakesh Singh
Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court
4 months ago

Only CPC Provisions Mentioned In RERA Act Apply To RERA Proceedings, Remaining Provisions Intentionally Excluded By Legislature: HP High Court

Live Law  

Addressing the extent to which the provisions of the Code of Civil Procedure, 1908, apply to proceedings before the Real Estate Regulatory Authority, the Himachal Pradesh High Court has ruled that only those provisions of the CPC explicitly mentioned in the Real Estate Act, 2016, apply to RERA proceedings, while other provisions were intentionally excluded by the Legislature. Adjudicating a …

Court Proceedings Legislature Rera Petitioners Decree Other Provisions
Half Yearly Digest Of IBC Cases : January To June,2024
5 months, 1 week ago

Half Yearly Digest Of IBC Cases : January To June,2024

Live Law  

Supreme Court IBC | Moratorium Under S 14 No Bar To Execute Decree Against Directors/Officers Of Corporate Debtor: Supreme Court Case Title: Ansal Crown Heights Flat Buyers Association vs. M/S. : Company Appeal No.231 of 2023 The National Company Law Appellate Tribunal, New Delhi, comprising Justice Ashok Bhushan and Mr. Barun Mitra, has held that the Corporate Debtor cannot be …

India Real Estate Justice Delhi Mumbai Supreme Court High Court
SC calls for uniformity in builder-buyer agreements to protect home buyers
5 months, 2 weeks ago

SC calls for uniformity in builder-buyer agreements to protect home buyers

Hindustan Times  

The Supreme Court on Monday highlighted the urgent need for uniformity in builder-buyer agreements across India, noting that property buyers are being defrauded by builders nationwide. In January 2022, the court underscored the need for a “national model builder-buyer agreement” to ensure that homebuyers are not subjected to arbitrary and whimsical clauses included by real estate developers. The bench noted …

India Court Homebuyers Agreement Centre Rera Buyers
Arbitration Weekly Roundup: June 10 - June 16, 2024
6 months ago

Arbitration Weekly Roundup: June 10 - June 16, 2024

Live Law  

Supreme Court High Court Not Having Original Civil Jurisdiction Cannot Extend Time To Pass Arbitral Award As Per S.29A Arbitration Act : Supreme Court Case Title: CHIEF ENGINEER PWD VERSUS M/S BSC & C and C JV Citation : 2024 LiveLaw 425 The Supreme Court held that a High Court which does not have original civil jurisdiction does not have …

Justice High Court Arbitration Court Title Delhi High Court 2024
No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court
6 months, 1 week ago

No Bar On Invoking Arbitration Despite Alternative Remedy Under RERA Act: Gauhati High Court

Live Law  

The Gauhati High Court bench of Justice Michael Zothankhuma has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Real Estate Act. The High Court held that there was there is no inherent conflict or repugnancy between the RERA Act and the Arbitration Act. Additionally, the Supreme …

Arbitration Dispute Court Bar Alternative Held High
The Complete Supreme Court Annual Digest- 2023 [Part-XII]
7 months, 3 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XII]

Live Law  

Information RTI Act will become 'dead letter': Supreme Court directs States, Union to fill vacancies in Information Commissions. Maneesh Pharmaceuticals Ltd. v. Export Import Bank of India, 2023 LiveLaw 1073 Insolvency and Bankruptcy Code, 2016; Section 7 - Limitation Act, 1963; Section 5 and 18 - Delay of 1392 days - Additional affidavit stating that the delay was only of …

India Karnataka Kerala Delhi Supreme Court High Court High Courts
Haryana RERA imposes penalty of ₹6 lakh on Vatika Ltd; Directs builder to execute BBA within a month
8 months, 1 week ago

Haryana RERA imposes penalty of ₹6 lakh on Vatika Ltd; Directs builder to execute BBA within a month

Hindustan Times  

The Haryana Real Estate Regulatory Authority has penalized the real estate firm, Vatika Limited, with more than ₹6 lakh for violating the builder-buyer agreement provisions and directed the promoter to execute the BBA within a month. The Haryana Real Estate Regulatory Authority has penalized the real estate company Vatika Limited with more than ₹ 6 lakh for violating the builder-buyer …

Order Agreement Gurugram Estate Real Limited Rera
RERA Court imposes fine of ₹6 lakh on Vatika Ltd for violating builder-buyer agreement
8 months, 1 week ago

RERA Court imposes fine of ₹6 lakh on Vatika Ltd for violating builder-buyer agreement

Hindustan Times  

Gurugram, The Real Estate Regulatory Authority court here has penalised real estate promoter Vatika Limited with over ₹6 lakh for violating the Builder Buyer Agreement provisions, an official said on Tuesday. HT Image The landmark order of the RERA court passed by Judge SK Arora has come as a big relief for the five complainants, the official said. "The Authority …

Court Order Vatika Limited Vatika Rera Court
Rajasthan RERA Rejects Homebuyer's Complaint For The Basement Parking Facility, Holding That It Was Never Part Of The Approved Construction Plan.
9 months ago

Rajasthan RERA Rejects Homebuyer's Complaint For The Basement Parking Facility, Holding That It Was Never Part Of The Approved Construction Plan.

Live Law  

The Rajasthan Real Estate Regulatory Authority consisting of Justice RS Kulhari rejected the homebuyer's complaint for basement parking facility, holding that it was never part of the approved construction plan, while hearing the seven complaint matter against the builder. Additionally, they claim that essential facilities such as fire safety equipment, solid waste management facilities, sewage treatment plants, and rooftop solar …

Construction Homebuyers Parking Project Plan Complaint Rera
Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.
9 months, 2 weeks ago

Bombay High Court: Co-Promoters Are Also Liable To Pay Refund With Interest To Allottees In Case Of Delay Under Section 18 Of The RERA.

Live Law  

The Bombay High Court bench, comprising of Justice Sandeep V. Marne, has held that promoters who are part of a real estate project but haven't received any consideration from the allottee will still be classified as “Promoters” under Section 2. The appellant filed an appeal before the Honorable Bombay High Court against the Tribunal's order dated October 18, 2022, contending …

Court Bombay High Court Order Promoters High Respondent No Respondent
Karnataka HC Directs State Government To Appoint Chairperson And Members To Karnataka Real Estate Appellate Tribunal
9 months, 2 weeks 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 …

Court Tribunal High Rera Chairperson Karnataka High Court Reat
After Amrapali, NBCC exploring more stressed real estate project options in Delhi-NCR and Mumbai
9 months, 3 weeks ago

After Amrapali, NBCC exploring more stressed real estate project options in Delhi-NCR and Mumbai

Hindustan Times  

After having completed as many as 16,000 Amrapali flats that were stuck for years and handing them over to homebuyers, the government’s construction arm NBCC, is now exploring a few options in NCR and Mumbai to provide relief to thousands of distressed buyers. After handing over stressed housing units in Amrapali projects in Noida and Greater Noida, NBCC, is now …

Mumbai Haryana Projects Project Units Noida Ncr
RERA | Karnataka High Court Raps Panchayat For Issuing Occupancy Certificate Without Inspection, "From Within Four Corners Of AC Chambers"
10 months, 1 week ago

RERA | Karnataka High Court Raps Panchayat For Issuing Occupancy Certificate Without Inspection, "From Within Four Corners Of AC Chambers"

Live Law  

While refusing to interfere with Karnataka RERA's order declaring the project 'Serene Urbana' an "on-going project", Justice M Nagaprasanna observed that the apartment complex did not even have water and power supply. The Karnataka High Court recently pulled up the Kannamangala Gram Panchayat for issuing occupancy certificate to a retirement home project without carrying out any inspection as to the …

Karnataka Court Certificate Occupancy Occupancy Certificate
Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code
10 months, 2 weeks ago

Supreme Court Annual Digest 2023 - Insolvency And Bankruptcy Code

Live Law  

A company could not avail benefit of the Sabka Vishwas scheme as it was under moratorium under IBC - The Courts are meant to do justice and cannot compel a person to do something which was impossible for him to do - Directed that the payment of amount already deposited by the company be appropriated towards settlement dues under “Sabka …

Supreme Court Corporate Court Insolvency Resolution Corporate Debtor Resolution Professional
Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023
11 months, 3 weeks ago

Supreme Court Judgements On Insolvency & Bankruptcy Code In 2023

Live Law  

Sabka Vishwas Scheme: Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC Moratorium The Supreme Court Bench comprising of Justices M R Shah and Justice B V Nagarathna has remarked that “No one can be expected to do the impossible” while granting relief to a company which could not avail the benefit of settlement of tax dues …

India Justice Supreme Court Corporate Court Insolvency Resolution
Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]
1 year ago

Supreme Court Weekly Digest With Subject-Wise, Statute-Wise Index & Nominal Index [October 9 – 15, 2023]

Live Law  

SUBJECT WISE INDEX Abortion Foetus has no separate identity from its mother; Women can't be forced to undergo pregnancy at risk of physical and mental trauma. Chandra Pratap Singh v. State of M.P., 2023 LiveLaw 870 : 2023 INSC 887 Advocates cannot claim right of legal representation under Industrial Disputes Act: Supreme Court answers reference. Customs Central Excise and Service …

Supreme Court High Court Court Gujarat Criminal Procedure Income Tax Haryana
Property registration stalled by sub-registrars, says BJP citing NCT of Delhi RERA order
1 year, 1 month ago

Property registration stalled by sub-registrars, says BJP citing NCT of Delhi RERA order

Hindustan Times  

The Delhi BJP on Monday claimed that following a NCT of Delhi RERA order, property registration has been stalled by the sub-registrars here. In a statement, Sachdeva claimed that "misusing the Supreme Court's concern for protecting the interest of property buyers, the Delhi government's RERA has brought a notification after which sub-registrars stalled property registration in Delhi today." "The builders …

Delhi Property Order Property Registration Units Bjp Sachdeva
Telangana HC Summons Lokesh for Contempt
1 year, 1 month ago

Telangana HC Summons Lokesh for Contempt

Deccan Chronicle  

Hyderabad: Justice P. Madhavi Devi of the Telangana High Court on Friday issued warrant of appearance to S. Lokesh Kumar, erstwhile GHMC commissioner, and three others in a contempt case. Serilingampally civic official flayed The Telangana High Court voiced its disapproval at the Serilingampally municipality deputy commissioner for clutching at powers not vested in him. Justice T. Vinod Kumar allowed …

Justice Court Notice Act Filed Commissioner Rera
The whistle-blower architect who exposed 65 illegal housing projects in Kalyan
1 year, 4 months ago

The whistle-blower architect who exposed 65 illegal housing projects in Kalyan

Hindustan Times  

Meet Sandeep Patil, an architect who was the first to blow the whistle on 65 real estate projects in Kalyan-Dombivli where developers had produced fake commencement certificates, a statutory approval required from Kalyan Dombivli Municipal Corporation, to get the projects registered with MahaRERA. The whistle-blower architect who exposed 65 illegal housing projects in Kalyan Patil has also filed a public …

Projects Plan Number Registered Patil Kalyan Bogus