FAQ’s on The Insolvency and Bankruptcy Code, 2016 (IBC): Q.1. What is the objective of IBC, 2016? Ans. As provided under the preamble of the Code, the objective of the Code are as under: To consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner … Read more
In a recent judgement passed by Maharashtra RERA Appellate tribunal[1] against the real estate builder confirmed that the arbitrary and one-sided interpretations make the contractual transaction unfair and unreasonable. According to the tribunal, forfeiture of the booking amount is improper and against the provisions of RERA Act, 2016 and for this reason, the builder was … Read more
LAW OF DISCLAIMER What is a disclaimer? Disclaimer refers to a statement, assertion or a document that disclaims or denies responsibility, affiliation, towards a legal claim. In simple words, disclaimer can be said to be a statement that one is not responsible for something. It protects one from the claims of liability. Disclaimers basically help … Read more
Insolvency & Bankruptcy Code, 2016- Landmark Judgments of 2019 Swiss Ribbons Pvt. Ltd & Anr. V. Union of India & Ors. (W.P. No.99 of 2018) Decided on 25.01.2019 The Supreme Court of India in this case has upheld the constitutionality of the Insolvency and Bankruptcy Code, 2016 (“IBC”). This judgment has brought the focus back … Read more
Judicial Review is the power of the judiciary to interpret the constitution and its values and to maintain a check on the legislature and executive if they act in abrogation of the rights of people, guaranteed under the constitution. The judiciary has the power to declare such law or order void if it contravenes the … Read more
Arbitration Act, 1996- Landmark cases of 2019- 2020 Hindustan Construction Company Limited & Anr. Vs. Union of India & Ors.( Writ Petition (Civil) No. 1074 of 2019) Decided on 27.11.2019 A three member bench of the Hon’ble Supreme Court comprising of Hon’ble Mr. Justice R.F. Nariman, Hon’ble Mr. Justice Surya Kant and Hon’ble Mr. Justice … Read more
Procedure to Register a Trademark Trademark is the symbol to represent the company or brand through Name, Word, Numbers, Images or Sound etc. It is a recognizable insignia to differentiate it legally from all other products of its kind. A trademark, however, must not be confusing with any existing trademark specially if the products or … Read more
Best Legal Practice to Execute RERA Order in Uttar Pradesh This article contains video explanation. Watch video How to execute UPRERA Order? Under the Real Estate (Regulation & Development) Act 2016 (“the RERA Act) it is provided that if the Promoter is unable to deliver the Flat or Plot to the Allottee as per the … Read more
Environment Protection & Sustainability The issue of environment protection and sustainable development has time and again been raised at not only national level, but also international platforms. The negative outcomes of economic development, industrialization and urbanization on the environment has pressed upon the need for adoption of durable development. The Environment Protection Act, 1986 of … Read more
The Jurisdiction of the civil courts in India is determined through the provisions of Code of Civil Procedure 1908. When it comes to suits or cases, issues pertaining to foreign elements arise comparatively in few cases, namely whether and when foreigners and foreign corporations can sue, or be sued in an Indian Court, and who … Read more
How to file appeal in UP Real Estate Appellate Tribunal (REAT)? An appeal is challenging of an order of a lower court/ authority. Under the Real Estate (Regulation and Development) Act, 2016 (“RERA Act”) there are two levels of Appeals. The first appeal is filed before the Real Estate Appellate Tribunal (“REAT”). The second appeal … Read more
The Development Authorities in Uttar Pradesh have no power to compound illegal constructions. Compounding of offence meaning: Compounding of offence is a process whereby the person/entity committing default will file an application to the compounding authority accepting that it has committed an offence and so that same should be condoned. Making illegal and unauthorized constructions … Read more