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
Adherence to sanctioned plans and project specifications by the promoters under RERA. Rights of the Buyers & Obligation of the Promoter. The RERA Act provides that a proposed project shall be developed and completed by the promoter in accordance with the sanctioned plans, layout plans and specifications as approved by the competent authorities. Also, if … Read more
Obligations of promoter regarding veracity of the advertisement or prospectus Where any person makes an advance or a deposit on the basis of the information contained in the notice advertisement or prospectus, or on the basis of any model apartment, plot or building, as the case may be, and sustains any loss or damage by … Read more
Download UP Apartment laws eManual Registration of an association of apartment owners is important for the uninterrupted maintenance of any housing society. It provides a platform to the apartment owners to raise their grievance regarding any issue in the society. Uttar Pradesh government has made it compulsory to register an Apartment Owners Association (hereinafter referred … Read more