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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, 43 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
RERA Cases Weekly Round Up: August 5 To August 11,2024
4 months, 1 week ago

RERA Cases Weekly Round Up: August 5 To August 11,2024

Live Law  

Haryana Real Estate Regulatory Authority Haryana RERA Directs Ocean Seven Buildtech To Pay Interest To 15 Homebuyers Of Expressway Towers For Delayed Possession Case – Rameshwar Singh Versus Ocean Seven Buildtech Pvt. Delay Of 8 Years In Handing Over Possession Of Plot, Haryana RERA Orders Vatika Ltd To Refund Case - Dr. Dolly Chopra Versus M/S Vatika Limited Haryana Real …

Homebuyers Regulatory Estate Real Builder Refund Member
Four-Year Delay In Completing Project, Karnataka RERA Orders Mantri Technology Constellations To Refund
4 months, 2 weeks ago

Four-Year Delay In Completing Project, Karnataka RERA Orders Mantri Technology Constellations To Refund

Live Law  

Karnataka Real Estate Regulatory Authority bench, comprising HC Kishore Chandra, has directed Mantri Technology Constellations Pvt. Ltd., the builder, to refund the amount paid by the homebuyer for purchasing a flat, after the builder failed to complete the project despite a four-year delay. Background Facts A homebuyer booked a flat in the builder's project named Mantri Manyata Energia, situated at …

Flat Builder Authority Homebuyer Refund Karnataka
Karnataka RERA Rejects Homebuyers Complaint Of Restraining Builder From Constructing On Area Reserved for Amenities.
8 months, 3 weeks ago

Karnataka RERA Rejects Homebuyers Complaint Of Restraining Builder From Constructing On Area Reserved for Amenities.

Live Law  

Karnataka Real Estate Regulatory Authority bench, comprising Justice HC Kishore Chandra, Neelmani N Raju, and GR Reddy, rejected the homebuyers complaint of restraining the builder from constructing on the area reserved for common amenities. Aggrieved by the construction, 15 Homebuyers of Astrum Grand View Mysore Phase I filed a complaint in the Karnataka RERA to restrain the builder from selling, …

Homebuyers Facilities Area Karnataka Rera Builder Authority Reserved
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
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
Whether Real Estate Appellate Tribunal Has Jurisdiction To Initiate Suo Moto Proceedings & Pass Directions Under RERA Act? Delhi HC Appoints Amicus
2 years, 11 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 …

Delhi Court Registration Order Tribunal Estate Real
Contravention Of Obligations Cast Upon Promoters Under RERA Act: Authority Fully Empowered To Award Interest U/S 38(1), Holds Allahabad HC [Read Order]
4 years, 1 month ago

Contravention Of Obligations Cast Upon Promoters Under RERA Act: Authority Fully Empowered To Award Interest U/S 38(1), Holds Allahabad HC [Read Order]

Live Law  

The Allahabad High Court on Wednesday held that in case of contravention of any obligation cast upon the promoters under the Real Estate Act, 2016, the Authority while exercising jurisdiction under Section 38, is fully empowered to award interest on the amount paid by allottees. The Court on the other hand observed that a combined reading of Section 18 and …

Court Case Interest Act Rera Possession Promoter
Homebuyer Can Pursue Remedies Under RERA & Consumer Protection Act Simultaneously: P&H HC [Read Judgment]
4 years, 2 months ago

Homebuyer Can Pursue Remedies Under RERA & Consumer Protection Act Simultaneously: P&H HC [Read Judgment]

Live Law  

The Punjab and Haryana High Court has observed that a homebuyer can pursue the remedies under the Real Estate Act, 2016 and the Consumer Protection Act simultaneously.A division bench of Justices Dr S Mularidhar and Avneesh Jhangan held that it is not mandatory that a person, whose complaint is pending before the Consumer Forum, should have it transferred to. The …

Consumer Compensation Court Consumer Protection Act Complaint Act Person
P&H HC Repels Challenge Against Pre-Deposit Condition For Appeal Under Section 43(5) Of RERA [Read Judgment]
4 years, 2 months ago

P&H HC Repels Challenge Against Pre-Deposit Condition For Appeal Under Section 43(5) Of RERA [Read Judgment]

Live Law  

The Punjab and Haryana High Court has repelled the challenge against the constitutionality of the condition for pre-deposit prescribed under Section 43 of the Real Estate Regulation and Development Act, 2016 for filing of an appeal by a promoter before the Appellate Authority against any direction of the adjudicating officer.The proviso to Section 43 prescribes that "where a promoter. The …

Appeal Judgment Court Haryana Rules Tribunal Act
State To Widely Publicise RERA Act To Prevent Criminalisation Of Property Disputes: Orissa HC Holds Investor Protection Laws Inapplicable To Builder-Buyer Relations [Read Judgment]
4 years, 3 months ago

State To Widely Publicise RERA Act To Prevent Criminalisation Of Property Disputes: Orissa HC Holds Investor Protection Laws Inapplicable To Builder-Buyer Relations [Read Judgment]

Live Law  

The Orissa High Court last week asserted that the State Government will do well to give wide publicity to the provisions of the RERA Act, 2016 in order to "enable the lay and laity to seek refuge under the appropriate law" and "injunct any unnecessary litigations" arising out of builder-buyer relations. Observing that the State will do well to ensure …

Case State Estate Real Act Bench Rera
Gujarat HC Urges State To Make Appointments To RERA Appellate Tribunal At The Earliest [Read Order]
4 years, 4 months ago

Gujarat HC Urges State To Make Appointments To RERA Appellate Tribunal At The Earliest [Read Order]

Live Law  

The Gujarat High Court on Thursday urged the State Government to expedite the process of appointing members as well as the Chairperson, to the Gujarat Real Estate Appellate Tribunal. Section 45 of the RERA Act prescribes that the Appellate Tribunal shall consist of a Chairperson and not less than two whole time Members of which one shall be a Judicial …

Gujarat Tribunal State Chairperson