Quashing of Criminal Proceedings in Absence of Expert Evidence

Click here to Download the PDF File or Word file of this Article (Quashing of Criminal Proceedings in Absence of Expert Evidence) Introduction Recently the Hon’ble Supreme Court of India in Suresh & Ors versus State of Madhya Pradesh – { 2023 INSC 102} Criminal Appeal No. 3512 OF 2023 by judgment dated 24.11.2023 quashed an FIR, chargesheet and the criminal proceeding on the ground … Read more

Format of RTI Application

Click here to Download Word File of Format of Application – Right to Information Date :                          ToPublic Information Officer[Address of Public Authority] Sub: Request for information under Section-6(1) of RTI Act 2005 Dear PIO, I [Your Name], a citizen of India request you to furnish me with certain information under Section 6(1) of the Right … Read more

The Supreme Court Rules, 2013

Supreme Court Rules 2013 PDF download and overview of practice and procedure

The Supreme Court Rules, 2013 govern the practice and procedure before the Supreme Court of India. Framed under Article 145 of the Constitution, the Rules lay down the structure of filings, jurisdiction, timelines, and procedural requirements for every category of matter. This post provides access to the official PDF and a full bare text of Rules.

Uttar Pradesh Apartment (Amendment) Act 2016 was Repealed without ever being enforced.

The Uttar Pradesh Apartment (Amendment) Act, 2016—though enacted—was never brought into force due to the absence of a notification under Section 1(2). Despite this, authorities continued to apply its provisions, adversely affecting homebuyers, particularly in relation to AOA formation thresholds. This article examines the legal position, the 2020 repeal of the unenforced amendment, and the Allahabad High Court’s ruling in Lotus Boulevard Espacia AOA v. State of U.P., reaffirming that the original 2010 Act continues to govern apartment ownership in Uttar Pradesh.

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

up real estate appellate tribunal

This judgment by the U.P. Real Estate Appellate Tribunal clarifies a critical legal position under the RERA framework: the mere issuance of an Occupation Certificate (OC) or Completion Certificate (CC), or possession taken by other allottees, does not extinguish the statutory right of an allottee to seek refund under Section 18 of the Real Estate (Regulation and Development) Act, 2016.

Where there is inordinate delay, incomplete development, or absence of promised amenities, an allottee cannot be compelled to accept possession in a partially developed or non-habitable project. The Tribunal reaffirmed that the right to exit the project and claim refund with interest is an independent and enforceable remedy, irrespective of the stage of construction or selective occupancy by other buyers.

This ruling has significant implications for homebuyers facing delayed real estate projects, particularly in cases where developers rely on partial OC/CC to deny refund claims.

Law and Writ Remedy against Demolition Orders of Delhi Municipal Corporations

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

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

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

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

Supreme Court of India illustration explaining dismissal of Special Leave Petition and doctrine of merger.

This article explains the legal effect of the Supreme Court dismissing a Special Leave Petition (SLP) at the threshold and how it interacts with the doctrine of merger. It analyses leading judgments, clarifies whether review or further remedies remain available, and outlines when a subsequent SLP can still be maintained. A clear guide for practitioners navigating post-SLP strategy.

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

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