Saturday, 27 December 2025

P&H HC - The Haryana Appellate Tribunal had "missed an important issue" by failing to address these specific agreement clauses and Force Majeure claims in its final order.

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In the legal matter of M/s Signature Global (India) Limited vs. Praveen Kumar Gupta and 18 other connected cases (RERA-APPL-92-2025 ), the H...
Wednesday, 5 February 2025

HREAT = The Decree Holder is Entitled to Get the Interest for the period of Date of Expected Payment till the Actual Payment of Amount.

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HREAT = The Decree Holder is Entitled to Get the Interest for the period of Date of Expected Payment till the Actual Payment of Amount. Hari...
Saturday, 10 August 2024

Legal Maxim: Functus Officio

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Legal maxim : Functus Officio " Functus officio " is a Latin term meaning "having performed his or her office."  In lega...
Friday, 9 August 2024

A GPA (General Power of Attorney) holder can file a criminal case on behalf of the principal

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A GPA (General Power of Attorney) holder can file a criminal case on behalf of the principal (the person who executed the GPA) in certain ci...
Thursday, 1 August 2024

MahaRERA - To ensure that the said project is not jeopardized due to the outflow of finances it is directed that the amounts of interest shall be paid by the respondent promoter to the said complainants after obtaining the full occupancy certificate.

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  MahaRERA - T o ensure that the said project is not jeopardized due to the outflow of finances it is directed that the amounts of interest ...

MAHA RERA - The delay in obtaining NOCs including Fire NOC do not fall within the force majeure factors prescribed under the RERA and the relevant rules made thereunder.

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  MAHA RERA -  The delay in obtaining NOCs  including Fire NOC do not fall within the force majeure factors  prescribed under the RERA and t...

Maha RERA - Issue of GST input credit does not fall within the purview of the provisions of the RERA. Hence, the complainant need to approach the appropriate forum for redressal of the said grievances about the GST.

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Issue of   GST input credit  does not fall within the purview of the  provisions of the RERA.  Hence, the complainant need to approach the a...

Maha RERA - There are no explicit provisions under RERA about the arbitration clause in agreement for Sale

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There are no explicit provisions under RERA about the arbitration clause in agreement for Sale  Anil Kumar Dattani Versus Real Gem Buildtech...

Supreme Court of India - The power to supersede the authority is entrusted to the appropriate Government in terms of Section 82.

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Supreme Court of India - The power to supersede the authority is entrusted to the appropriate Government in terms of Section 82. Facts:- On ...
Thursday, 25 July 2024

MAHA AT - The Total Amount For Making deposit by Appellant promoter towards compliance of the proviso to Section 43 (5) of the Act will Include amounts received by the promoter directly from complainant as well as the amounts received from the financier out of the loan sanctioned under the subvention scheme.

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The Total Amount For Making deposit by Appellant promoter towards compliance of the proviso to Section 43 (5) of the Act will Include amount...

MAHAREAT -When the Allottees asked the promoters to enter into an agreement for sale but the Promoters did not reply and did not enter into an agreement for sale thereupon Article 54 of Limitation Act, 1963 will not apply and also when the project is ongoing Section 22 of the Limitation Act, 1963 will be applied being continuing breach of contract.

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When the Allottees asked the promoters to enter into an agreement for sale but the Promoters did not reply and did not enter into an agreeme...
Wednesday, 24 July 2024

MahaRERA - Section 15 only deals with voluntary transfer of a real estate project from an Existing Promoter to a new developer, wherever it is not a case of voluntary transfer by the Existing Promoter to the Incoming Promoter but through Planning Authorities, section 15 cannot be made applicable.

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Section 15 only deals with voluntary transfer of a real estate project from an Existing Promoter to a new developer, wherever it is not a ca...
Wednesday, 3 April 2024

BOMBAY HIGH COURT Allowed the refund of Stamp Duty, even when the Agreement for Sale was not cancelled within the five years of the execution giving the rational that an act of Court shall prejudice no man and the law does not compel a man to do what he cannot possibly perform.

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Satish Buba Shetty v/s Inspector General of Registration and Collector of Stamps and Others WRIT PETITION NO.9657 OF 2022 Decided on JANUARY...