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  • Article

    Dispute Resolution Mechanism – Current Rent Control And Tenancy Laws Vis-À-Vis Model Tenancy Law

    The Model Tenancy Law has been prepared by the Ministry of Housing and Urban Affairs with an objective to balance the interests and rights of the landlords and tenants.
    IndiaReal Estate and Construction
    Alpha Partners
    Alpha Partners
  • Article

    Wrongful Withholding Of Property – Are Family Members Of An Employee Liable?

    Many business organisations in the corporate world, public as well as in the private sector, provide residential accommodation to their officers and employees as a condition of their service to attract better talent, and thereby as a necessity, purchase residential flats/bungalows in large cities and towns for the use of such officers and employees during the course of their employment.
    IndiaReal Estate and Construction
C J International Hotels Limited
C J International Hotels Limited
  • Article

    Supreme Court On Arbitrability Of Landlord-Tenant Disputes

    In over-ruling its own decision in the 2017 case of Himangni Enterprises v. Kamaljeet Singh Ahluwalia, the Supreme Court of India ("Court") has held in the recent case of...
    IndiaLitigation, Mediation & Arbitration
    Obhan Mason
    Obhan Mason
  • Article

    Bombay High Court: Public Premises Act, 1971 Overrides Maharashtra Rent Control Act In Unauthorised Occupation Disputes

    Bombay High Court rules Public Premises Act, 1971 overrides Maharashtra Rent Control Act, barring unauthorised occupants from claiming tenancy protection in property disputes. In a significant ruling on evictions laws pertaining to public premises, in India, the Bombay High Court has reaffirmed the overriding effect of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (“Public Premises Act”) over State rent control legislation in matters concerning unauthorised occupation of public premises.
    IndiaReal Estate and Construction
    HSA Advocates
    HSA Advocates
  • Article

    Bona Fide Requirement Under The Delhi Rent Control Act, 1958: Shield For Tenants Or Right Of Landlords?

    The law of landlord and tenant in Delhi is primarily governed by the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act").
    IndiaReal Estate and Construction
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Strategic Government Incentives For Global Capability Centres In Tier 2 Cities: A Real Estate And Regional Development Perspective

    India's Global Capability Centre (GCC) ecosystem is now matured beyond a ‘space-to-watch'. Multinational corporations now operate fairly large centres managing engineering, analytics, compliance, and strategic operations from Indian cities.
    IndiaReal Estate and Construction
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    The Contract Of Tenancy Is An Independent Contract Than The Joint Hindu Family Business

    A three Judge Bench of the Supreme Court in its decision in Kiran Devi vs. The Bihar State Sunni Wakf Board & Ors.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Supreme Court Judgment – A Shot In The Arm For Banks To Take Possession Of Secured Assets Occupied By Tenants

    The SARFAESI Act confers power to the Banks to take possession and sell the secured assets without resorting to filing cases in Courts or the Debt Recovery Tribunal.
    IndiaFinance and Banking
    CMS INDUSLAW
    CMS INDUSLAW
  • Article

    Know Your Tenancy Rights In The Time Of Force Majeure (Covid-19)

    In exercise of the powers, conferred under section 10(2)(I) of the Disaster Management Act, the National Executive Committee, had issued an order on 29th March, 2020.
    IndiaCoronavirus (COVID-19)
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    The Draft Model Tenancy Act, 2020

    The Ministry of Housing and Urban Affairs ("Ministry") has prepared a Draft Model Tenancy Act, 2020 ("MTA") with the objective of balancing the interests and rights of landlords and tenants...
    IndiaReal Estate and Construction
    Obhan Mason
    Obhan Mason
  • Article

    Transfer Of Tenancy Right Does Not Mean Creation Of New Tenancy

    The Bombay High Court in a recent decision in Alice Realties Pvt. Ltd. v/s State of Maharashtra and Others observed that in the event of a mere transfer of a tenancy...
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Applicability Of Arbitration Clauses In Disputes Arising Out Of Leave And License Agreements

    Arbitration is an alternate dispute resolution mechanism voluntarily chosen by the parties to get their civil/commercial disputes adjudicated upon. It is a well-settled law that an Award passed by...
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    Indian Commercial Real Estate Leases– Points To Ponder

    Contractual lease provisions are freely negotiable in India. In the absence of a contract to the contrary, the Transfer of Property Act 1882 ("TOPA") ...
    IndiaReal Estate and Construction
    Obhan Mason
    Obhan Mason
  • Article

    Covid-19 Lockdown Related Labour Measures: An Overview

    Since the outbreak of COVID-19 pandemic in India, the unprecedented nation-wide lockdown mandating closure of commercial, ...
    IndiaCoronavirus (COVID-19)
    Clarus Law Associates
    Clarus Law Associates
  • Article

    Housewife-Landlady's Right To Seek Eviction For Husband's Welfare: Delhi High Court Upholds Bona-Fide Requirement Under Section 14(1)(e) Of The Delhi Rent Control Act

    In a significant pronouncement reaffirming the gender-neutral application of rent control law, the Delhi High Court in Naveen Kumar v. Babita Jain...
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    What Is In Store For Real Estate Sector Under GST Regime

    Goods and Service Tax is a reality now. In this article, we have tried to capture the implications for Real Estate Sector under various transaction in a tabular for for easy understanding.
    IndiaReal Estate and Construction
    Krishnomics Legal
    Krishnomics Legal
  • Article

    No Coparcenary, No Karta: Supreme Court Rewrites The Conversation On Inherited Property

    The Supreme Court’s decision in Darubai & Anr. v. Kamalabai & Ors. marks an important reaffirmation of one of the foundational principles governing succession under the Hindu Succession Act, 1956 (“HSA”)...
    IndiaFamily and Matrimonial
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Dispute Resolution & Arbitration Monthly Update | January 2024

    The Appellants and Respondents of this case are the descendants of Late Shri DR Gupta, son of Late Shri Sunder Gupta, who expired on October 01, 1971.
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    Buying Property As An Investment? Here's Four Ways You Can Avoid The Legal Traps While Buying Properties

    Owning property in India has long been associated with security, legacy, and financial stability. Yet today, for high-net-worth individuals, middle-class families, and small landowners alike...
    IndiaReal Estate and Construction
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Model Tenancy Act: A Brief Overview

    The Union Cabinet has approved the draft Model Tenancy Act in 2021 which was drafted by the Ministry of Housing and Urban Affairs in 2020.
    IndiaReal Estate and Construction
    VGC Law Firm
    VGC Law Firm
  • Showing 121–140 of 196 results

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