Objectives, Powers and Duties of The Apartment Owners Association

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

Domestic Violence and Cruelty against Women during COVID-19 Lockdown

Image Courtesy: global.unitednations.entermediadb.net. What is the Domestic Violence (DV) Act ? This article is also explained through a video below. Domestic violence is a form of abuse or violence in a domestic setting or relationship committed by causing hurt, injury to life, limb, health, safety or mental and physical well-being or causing harm, injury, or … Read more

Epidemic Diseases Act, 1897; Powers of the Central & State Governments?

Due to the apparent dangers of the spread of Coronavirus, the Central Government and State Government in India are invoking various provisions of the Epidemic Diseases Act of 1897 to control the said virus which is officially termed named as COVID19. It has become imperative for the government to do so under the given circumstances … Read more

How to form an Association of Apartment Owners

The law i.e. the Uttar Pradesh Apartment (promotion of construction ownership and Maintenance) Act 2010 mandates that it shall be the joint responsibility of the builder/ promoter and the apartment owners to form the association, however, in practice the builders are most reluctant to form an association of apartment owners as same will take away the right to manage the common areas and facilities and money collected for that. Under such circumstances when the builder is not forming the association of apartment owners then the buyer can form the AOA on their own. The article has a youtube video presentation.

Sexual Harassment at Workplace Law in India: Prevention & Redressal

Sexual harassment at workplace is a grave issue which remained unaddressed for the longest time, continuously violating women’s right to equality, right to life and liberty guaranteed under the Constitution of India and hampering their social, political and economic emancipation. The need for a legislation on this issue was observed by the Supreme Court in … Read more

Anticipatory Bail in Uttar Pradesh. Reintroduced.

An Applicant can approach the Courts within whose jurisdiction he apprehends his arrest. It is irrelevant that the alleged offence has been committed outside the jurisdiction of such Courts. If the Courts do not have territorial jurisdiction it may yet grant Anticipatory Bail for a short term with adequate safeguards for approaching the Court having jurisdiction to entertain such application after considering the facts and circumstances involved therein.

Quashing of Charge Sheet by High Court & Supreme Court

Section 482 of the Criminal Procedure Code saves the inherent powers of the High Court wherein it can pass any order to secure the ends of justice or to give effect to any order passed under the Criminal Procedure Code or to prevent the abuse of process of any court. These powers of the High Court can be invoked to quash any criminal proceeding against the accused. Whether a criminal proceeding/FIR or charge sheet are to be quashed- is determined by the court on the basis of the certain factors which are discussed in this email.

Trade Union is an operational creditor and can file insolvency application for payment of workmen dues.

The Hon’ble Supreme court made it clear that the trade union represents its members who are workers, to whom dues may be owed by the employer, which are certainly debts owed for services rendered by each individual workman, who are collectively represented by the trade union. As such, a joint petition could be filed under Rule 6 read with Form 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, with authority from several workmen to one of them to file such petition on behalf of all.

Recomputation of the consignment value by authorities of imported goods: the burden of proof and enquiry.

when there is a dispute between the customs authorities and the importer as regards the valuation of the imported goods, on satisfaction of the conditions enumerated in sub-section (1), the authorities should make provisional assessment of customs duty under Section 18 of the Act. This expedites clearance, pending final adjudication on merits which may take time. This is also the mandate of the Board Circular No.38/2016 dated 22nd August, 2016. Any insistence and compulsion by the authorities that the importer should disclaim and forgo his statutory right under Section 18 of the Act would not be correct. Neither would it be right to reject the valuation as declared by the importer without reasonable doubt for certain reasons.

Can Second Co-Owner Vote & Contest in Elections of AOA?

A co-owner has right to cast vote and contest for the post in the board of management if remaining co-owner(s) have no objection, either expressly or impliedly. It is immaterial whether the name of the co-owners is mentioned at first, second or at any serial in the list of owners in the conveyance deed.