How to take maximum benefit from RERA as a Homebuyer and as a builder?
RERA was established to do away with project delays, malpractice, and irregularities in norms and increase transparency and accountability from builders and homebuyers both.
Search Results for: process of litigation
Promoters toiling with Insolvency and Bankruptcy Code
Main reasons for the delay is the spate of litigations by the promoters. Once the CIRP order is passed, the promoters get into the action with the sole objective of getting back the company at a cheaper price.
Artificial intelligence and the Indian legal system
In India, the use of AI in the legal industry is still in its early stages, but there is no doubt that it will play an increasingly important role in the future.
Judges & Social Media: Managing the Risks
Criminal Procedure Jurisprudence explains the evidentiary value that social media posts carry. Certainly, there are advantages and good policy reasons for accessing social media evidence used in criminal proceedings.
The Secretary, Ministry of Defense vs. Babita Puniya & Ors. SCC, 17 Feburary 2020
A quest for equality of opportunity for women seeking Permanent Commissions in the Indian Army forms the rationale of the instant case.
Rights of Homebuyers under the Insolvency and Bankruptcy Code
Homebuyers could only engage in the IBC procedure as a class of financial creditor. Individual homebuyer rights were absorbed by homebuyer rights as a class.
Adjudicating authority’s incapability to analyze the validity of a Foreign Decree: Is this so?
Tribunal cannot go into the merits of a decree pronounced by a foreign court or tribunal as it is not an apt forum to decide the propriety of a foreign decree.
Parties other than those who triggered CIRP cannot be creditors
There is no such provision to implead creditors other than the ones which triggered the Corporate Insolvency Resolution Process.
Resolution Plan has to be completed within the stipulated period
As per proviso to Section 12 of the IBC, the insolvency resolution process shall mandatorily be completed within a period of 330 days from the insolvency commencement date, including any extension of the period of CIRP granted under Section 12 of the IBC.
Why to choose Arbitration?
There are a number of distinguishing features that often persuade parties to choose arbitration as opposed to court litigation for the resolution of their dispute.
Is judicial intervention in arbitration justified?
The court’s intervention can be justified by saying that it protects the rights of the parties or it puts eyes on the arbitration proceedings to prevent any injustice.
Benefits of Arbitration
Though arbitration has various advantages over traditional litigation but it is important to consider all of the options when preparing to initiate arbitration.
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.
How RERA and NCLT would be a solution for stuck projects
Different forums provide for different reliefs and one must be cautious enough before choosing an appropriate forum. Before choosing the appropriate forum, points to be analyzed are type of violation by the builder, what relief is prayed for, urgency, repetitive nature, financial condition of the builder, status of other projects, etc.
Thousands of acres of land hitherto not utilized by Bangalore Development Authority
a senior Bangalore DEvelopment Authority official stated that some properties are encroached, while some other are trapped under the litigation process.
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