the orders passed by Rajasthan RERA that the Bank after exercising their rights over the real estate project under Section 13 of the SARFAESI Act becomes the assignee of the builder and are amenable to the jurisdiction of the RERA Authority.
Category: Cross Border Advisory
Online Fantasy Sports: Game of chance or skill
India should focus on the development of particular regulations and set up tribunals to control the gaming activities to change the notion of online gaming as gambling and to protectthe interest of its customers.
Compulsory winding up of a company
When a business decides to wind up, it can choose between a voluntary winding up method and a compulsory winding up procedure. In the year 2020, the Ministry of Corporate Affairs will issue notices on the winding up of small businesses.
Enforcement of Arbitration Award via Insolvency Proceedings: A Contrary Perspective
The enforcement proceedings for the foreign award (under S. 47-48) are the last and final stage where the debtor can resist the award from becoming binding/ enforceable for grounds listed under Section 48 of the Arbitration Act.
ARBITRATION: AN OVERVIEW
In arbitration, whenever a civil dispute arises between two or more parties it is referred to the sole arbitrator or tribunal or three or more arbitrators, which always will be in odd numbers.
Complaint can be filed against subvention scheme violation under RERA
The RERA Authority has the power to decide and dispose of the complaints as RERA is the best and most expeditious remedy for homebuyers to get justice from the builder when they violate the subvention scheme and delays the possession.
An Introduction- Patent Law
Provides the inventor with all the exclusives rights pertaining to the invention made which completely falls in the ambit of being a new innovation to the public.
Security cheque under the purview of section 138 negotiable instruments act, 1881
Dishonour of “Security Cheques” is not an offence. A Security Cheque is a cheque issued to a drawee as security or surety, not issued against the repayment of the loan.
Copyright: Infringement and Legal Remedies in India
When a person enjoys exclusive rights during the term of registration of design without taking authorization and license from the registered owner of the design is committing the act of infringement.
Arbitration: Rising alternative dispute resolution mechanism
The resolution of a dispute via an arbitration mechanism saves time and cost. The proceedings are conducted as agreed by the parties or accordingly. However, if the parties are not satisfied with the award, then it can be challenged also.
Haryana Government attached builder’s land for violating provisions of environment act
The Haryana State Pollution Control Board (hereinafter referred to as HSPCB) directed Rs. 45.40 crore penalty for violation of the Environment Act provisions. Additionally, the government has proceeded with criminal prosecution against delinquent builder in the environment court of Kurukshetra.
Reply to Legal Notice under Section 13(2) of SARFAESI Act, 2002 Pertaining to Subvention Scheme
The banks are aware of the builder’s liability to make all the payments to the bank according to the signed agreement among the bank, builder, and buyer. Therefore, the banks cannot chase or harass the buyers for payment of due amounts under the SARFASI Act, 2002.
CoC is empowered to consider revised financial offers keeping in mind the time limit set out by law: NCLAT
The NCLAT had to decide whether the NCLT/CoC may provide resolution applicants repeated chances to alter their individual resolution plans and whether the CoC was authorised to entertain fresh or revised resolution plans without exhausting available bids.
Petition can be admitted against maintenance company of developer: NCLAT
Section 5(8)(f) Explanation makes it clear that any amount raised from an allottee under a real estate project shall be deemed to be an amount having the commercial effect of a borrowing.
A Deficiency can be correct in Appeal: NCLAT
NCLAT said that if there was deficiency in pleading, the same could be corrected by giving opportunity before this Appellate Tribunal to amend the pleadings. In Appeal naturally pleadings could be by filing Application and reply supported by documents.