Why & When Auction under RERA recovery certificates may frustrate?

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This article examines the legal limitations in enforcing RERA recovery certificates through auction of promoters’ properties. It argues that amounts recoverable under RERA are not “arrears of land revenue” in substance, and therefore cannot override secured interests such as mortgages and debenture rights. Drawing on key High Court precedents, the piece highlights how indiscriminate auctions by revenue authorities can frustrate homebuyers and create further litigation, and suggests a more structured approach by RERA to identify encumbrance-free assets before issuing recovery certificates.

A Decree passed against a minor without the proper appointment of a guardian is nullity ipso facto

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On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P.  NATARAJAN  & ANR.  VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that: 1.High Court can Exercise its wider powers under Article 227  while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ● 2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII … Read more

Allottee has the discretion to seek refund in case of delay from Promoter

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The U.P. Real Estate Appellate Tribunal reaffirmed that under Section 18 of the RERA Act, the right to seek refund in case of delay vests exclusively with the allottee and remains unqualified. Even in the absence of a formal Builder Buyer Agreement, a promoter cannot evade liability where delay in completion is established. The decision underscores that once the allottee opts to withdraw, the promoter is bound to refund the entire amount with statutory interest, reinforcing the consumer-centric framework of the Act.

Relief from Court where there is “inequality of bargaining power” between contracting parties.

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Courts may intervene in contractual arrangements where there exists a clear inequality of bargaining power between parties. This case from the Uttar Pradesh Real Estate Appellate Tribunal examines whether one-sided builder agreements can bind allottees, especially in delayed possession and cost escalation disputes. It highlights how statutory protections under the Real Estate (Regulation and Development) Act, 2016 override unfair contractual terms and reinforce consumer rights in real estate transactions.

There should be an end of litigation. Delay Condonation Rejected.

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In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Tej Bahadur Singh, Member (Judicial) and Rajiv Misra, Member (Administrative)) Appeal No. (D) 480/2020 Lucknow Development Authority … Appellant; Versus Anupama Singh … Respondent. And Appeal No. (D) 481/2020 Lucknow Development Authority … Appellant; Versus Murli Manohar Verma … Respondent. Appeal No. (D) 480/2020 and Appeal No. (D) 481/2020 Decided on June 11, 2021, [Disposal … Read more

Return of Money order can be made only at the interest rate prescribed in the RERA Act and Rules at MCLR+1%

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The U.P. Real Estate Appellate Tribunal clarified that interest on refund under the RERA framework must align with the statutory rate prescribed in the Act and Rules, i.e., MCLR + 1%, and not arbitrary contractual rates such as 24%. Emphasising the consumer-protective scheme of the Act, the Tribunal held that interest under Section 18 is compensatory in nature and must balance equities between promoter and allottee, ensuring fairness while rejecting one-sided contractual stipulations.

Promoter’s Appeal can’t be heard till it deposits the full amount.

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A promoter’s appeal under the Real Estate (Regulation and Development) Act, 2016 cannot be entertained unless the statutory pre-deposit under Section 43(5) is first complied with. This decision of the U.P. Real Estate Appellate Tribunal reiterates that deposit of the entire amount payable to the allottee—including interest and compensation—is a mandatory condition precedent, leaving no discretion with the Tribunal. The ruling reinforces the consumer-protective framework of RERA by preventing promoters from delaying enforcement through appeals without first securing the allottee’s dues.

RERA is applicable to all real estate projects, even if a completion certificate is issued to the project.

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RERA applicability after completion certificate legal analysis India

This article examines the scope of the Real Estate (Regulation and Development) Act, 2016, and clarifies that RERA applies even to projects with a completion certificate where statutory obligations of promoters continue. It analyses the jurisdiction of the Regulatory Authority over unregistered and exempted projects, particularly in cases involving unsold inventory and post-completion liabilities such as conveyance, possession, and defect rectification. The discussion is anchored in the decision of *Lucknow Development Authority v. Uma Shankar Dubey*, highlighting that exemption from registration does not exclude projects from the substantive framework of the Act.

Matrimonial Case Transfer to Another State: Supreme Court Jurisdiction, Procedure & Case Law

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Supreme Court transfer of matrimonial cases between States under Section 25 CPC and Section 406 CrPC – legal guide

This article explains how the Supreme Court exercises its power to transfer matrimonial cases between States under Section 25 CPC and Section 406 CrPC. It outlines the guiding principles, key judgments, and practical grounds on which transfer petitions are allowed or refused, helping litigants understand the procedural framework and the Court’s approach.

UP Police Regulations

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Download the full text of Uttar Pradesh Police Regulations in PDF format Download the full text of Uttar Pradesh Police Regulations in PDF format Para                                                                                                           Page No. CHAPTER I SUPERIOR OFFICERS DIRECTOR GENERAL OF POLICE 1.                  Powers and status of Inspector General-cum-Director                      General of Police                                                                             34            ADDITIONAL INSPECTOR-GENERAL/ZONAL INSPECTOR            … Read more

How and where to challenge the Election of Society / Board of Management / AOA?

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Introduction A Group of persons may form an association and give it a formal structure by registering it as a society under the Societies Registration Act, 1860.  Under different statutes associations are mandatorily to be formed and be registered as a society. Such association are often referred as statutory associations.  The affairs of such statutory … Read more