Legal Practice

In this section, blogs on law are consolidated.

Right to Refund even if OC/CC issued in Real Estate Project and other buyers taking Possession

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up real estate appellate tribunal

Download PDF of this judgment. BENCH-1 THE UTTAR PRADESH REAL ESTATE APPELLATE TRIBUNAL, AT LUCKNOW. APPEAL NO. 585/2021 Aparajita Babbar………………………………………………………….. Appellant. Versus M/s Kindle Infraheights Pvt. Ltd…………………………………….. Respondent. Hon’ble Mr. Justice (Dr.) D. K. Arora, Chairman. Hon’ble Mr. Kamal Kant Jain, Technical Member. Covid-19 the interest shall not be calculated for the delay period from … Read more

Law and Writ Remedy against Demolition Orders of Delhi Municipal Corporations

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Delhi Municipal Corporation

INTRODUCTION The Delhi Municipal Corporation Act 1957 (hereinafter DMC Act) grants power to Commissioner to issue an order of demolition of structures or buildings in Delhi under Chapter XVI of the DMC Act. The commissioner is appointed as per Section 54 and empowered under Section 330A of the DMC Act. Chapter XVI states confer a … Read more

Delhi Development Authority & Writ Petition Remedy Against its Actions

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writ against Delhi Development Authority

Introduction Delhi Development Authority (hereinafter DDA) is controlled by the Ministry of Urban Development. The DDA was established in 1957 by an Act of Parliament to promote and secure a planned spatial development of Delhi. Its mandate is primarily to acquire land for the development of new areas and to hand over the same to … Read more

A woman’s right to reproductive choice is a facet of Fundamental Rights

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Article 21 and a woman’s right to reproductive choice A woman’s right to reproductive choice is an inseparable part of her personal liberty under Article 21 of the Constitution of India. She has a sacrosanct right to bodily integrity. In Suchita Srivastava v Chandigarh Administration [3 (2009) 9 SCC ], Supreme Court recognized that a … Read more

Where a power is given to do a certain thing in a certain way the thing must be done in that way or not at all

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It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following that procedure alone. This was enunciated by Privy Council in the Nazir Ahmad v. King Emperor [1936 SCC OnLine PC 41] , wherein it was held that: “that where a … Read more

Effect of Dismissal of Special Leave Petition by Supreme Court and Doctrine of Merger

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What is SLP? Under the Constitution of India, we have a three-tier court system starting from the Subordinate Courts (district courts), High Court/ Tribunals and Supreme Court. Most of the original and appellate jurisdictions are confined within the first two-tier court system. Approaching the Supreme Court in an appeal against any order of the High … Read more

Quashing of non-compoundable Offence by Supreme Court and High Court even after conviction.

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A full bench (3 judges) of the Hon’ble Supreme Court vide its order dated 25.10.2021 in Criminal Appeal No. 1393 OF 2011 Ramawatarv State of Madhya Pradesh found it appropriate to invoke our powers under Article 142 of the Constitution and quash the criminal proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities … Read more

How to challenge taxing statutes? When is exaction a tax, charge, or fee?

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Introduction A legislative enactment which provides for the imposition of a tax may make provisions for: The levy of the tax on the basis of a taxable event; The measure of the tax; The rate at which the tax will be imposed; The incidence of the tax; and Assessment, collection, recovery and other incidental provisions. … Read more

An absconder/ proclaimed offender is not entitled to anticipatory bail.

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CASE:  Criminal Appeal No.1209 Of 2021: Prem Shankar Prasad  Versus The State Of Bihar & Anr.    Judgment Date: 21.10.2021 COURT: Supreme Court of India Relevant Extracts: Despite the above observations on merits and despite the fact that   it   was   brought   to   the   notice   of   the   High   Court   that respondent   No.2   -accused   is   absconding   and   even   … Read more

Without Reasons and Ex-Parte order by High Court is unsustainable in government contracts.

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CIVIL APPEAL NO. 6289 OF 2021: Vaibhavi Enterprise Versus Nobel Cera Coat & Ors. With CIVIL APPEAL NO.6290 OF 2021: Tanish Cherachem Private Limited Versus Nobel Cera Coat & Ors. Judgment date: 21.10.2021 Ratio: Having heard the learned counsel for the respective parties and considering the impugned order passed by the High Court, we are … Read more

Test for determining whether an establishment is Industrial or not

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Test for determining whether an establishment is Industrial or not within section 25L of Industrial Disputes Act, 1947 The hon’ble supreme court has reiterated that test for determining whether an establishment is Industrial or not within section 25L of Industrial Disputes Act, 1947 is what are the predominant functions and activities of the said Department. … Read more