This article provides a definitive clause-wise commentary on Section 3 of the UP Apartment Act 2010, explaining every statutory definition through practical illustrations and the Supreme Court’s ruling in Designarch. It clarifies the meaning of apartment, common areas, promoter obligations, and the Act’s mandatory character for group housing projects.
1. Introduction The concept of the curative petition is among the most remarkable judicial innovations in the constitutional history of India. It represents the Supreme Court’s answer to a deeply vexing question: what remedy, if any, lies against a final judgment of the highest court of the land, after even the power of review has … Read more
Introduction: Why Most Special Leave Petitions Fail On any miscellaneous day (Monday and Friday) before the Supreme Court of India, hundreds of Special Leave Petitions under Article 136 are called out in rapid succession. Many are dismissed within minutes, often by a brief, non-speaking order. For practitioners who regularly appear in admission matters, this pattern … Read more
Introduction The jurisprudence on anticipatory bail in India has undergone notable refinement as courts increasingly confront cases where allegations of rape or threats of prosecution for sexual offences appear to function as instruments of extortion, coercion or retaliation rather than as authentic assertions of victimisation. Although such misuse remains statistically limited, it raises serious doctrinal … Read more
I. Introduction The power of the State to reopen concluded assessments and tax income that may have escaped the original assessment is one of the most potent and, consequently, one of the most contested aspects of the Income Tax Act, 1961. Sections 147, 148, 148A, 149, 150, and 151 of the Act collectively form the … Read more
Introduction To error is human. But to correct an error is greater human. Article 136, positioned in Part V of the Constitution of India under the chapter dealing with the Union Judiciary, reads as follows: “136. Special leave to appeal by the Supreme Court.— (1) Notwithstanding anything in this Chapter, the Supreme Court may, in … Read more
Origin & History of Special Leave to Appeal to Supreme Court of India – Prashant Kanha I. INTRODUCTION The concept of special leave to appeal, as enshrined in Article 136 of the Constitution of India, represents one of the most significant and expansive judicial powers vested in the Supreme Court. This discretionary jurisdiction enables the … Read more
Affidavit in Supreme Court of India: Law, Practice and Procedure for Execution and Filing An affidavit in the Supreme Court of India is a written statement of facts sworn under oath or affirmation before a legally authorised authority and filed in support of petitions, applications, and pleadings. It is the primary mode of placing facts … Read more
In-depth commentary on Section 2 of the UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010. Covers scope, cooperatives as promoters, mixed-use and office projects, exclusions for malls and multiplexes, FAR and common areas, and key Supreme Court cases.
A Commentary on Section 1 of UP Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010 with frequently asked questions. Bare Text of Section 1 Section -1: Short title, extent and Commencement: (1) This Act may be called the Uttar Pradesh Apartment (Promotion of Construction, Ownership, and Maintenance) Act, 2010.(2) It extends to the whole … Read more
Download UP Apartment Act 2010 Law Manual Introduction Uttar Pradesh’s shift to apartment living has been driven by the rise of planned urban nodes such as Noida and Greater Noida, conceived under the Uttar Pradesh Industrial Area Development Act, 1976 and administered by industrial development authorities that zoned large tracts for medium- and high-density group … Read more
Introduction A Section 35(3) BNSS notice is one of the most important safeguards against arrest under India’s new criminal procedure law. Introduced under the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS), this provision replaces the earlier Section 41A of the CrPC and regulates when police must issue a notice of appearance instead of making an immediate … Read more