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  • Article

    Inside The Investment Rush In Operational Infrastructure Projects

    India's infrastructure sector has witnessed a steady increase in investor interest over the recent past, especially in operational renewables and road projects.
    IndiaTransport
    HSA Advocates
    HSA Advocates
  • Article

    Arbitration In Construction Disputes

    With the increasing use of arbitration as the preferred mode of dispute resolution and with a booming real estate sector in India, the intersection of the two is inevitable.
    IndiaLitigation, Mediation & Arbitration
    Sapphire and Sage Law Offices
    Sapphire and Sage Law Offices
Article

Beyond RERA And Article 226: The Hard Lesson Mansan Builders Learned About The Limits Of Public Law Remedies

There comes a point in every commercial dispute where the courtroom stops being a refuge and starts looking like a mirror, reflecting not the injustice you claim, but the contractual mess you have made.
IndiaReal Estate and Construction
IndiaLaw LLP
IndiaLaw LLP
  • Article

    Applicability Of GST On Sale Of Plot Of Land

    Indirect tax in construction industry is an age old concept which has deep roots thereby testing it applicability at regular intervals.
    IndiaTax
    Kevin Shah & Associates
    Kevin Shah & Associates
  • Article

    Lockdown 2.0: MHA Notification Dated April 15, 2020 – Some Ambiguities And Discrepancies Persist While New Ones Crop Up.

    The Ministry of Home Affairs issued an order on April 15, 2020 containing the revised consolidated guidelines on the measures to be taken by the Central and State Governments for containment of COVID 19.
    IndiaCoronavirus (COVID-19)
    Kochhar & Co.
    Kochhar & Co.
  • Article

    No Room For Discretion In Contractual Matters

    Recently, in the case of the State of Madhya Pradesh v. M/S Sew Construction Limited & Ors.1, the Supreme Court ("SC") has held that discretion holds no place in matters...
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Another Decision On The Importance Of Following The Contractual Dispute Resolution Mechanism Before Arbitration: (Sobha Ltd V Nava Vishwa Shashi Vijaya & Ors

    Following our summary of the Chhattisgarh High Court decision in Devanshi Construction v. Central Public Works Department, Region Bhopal,
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Bombay High Court Clarifies The Position Regarding Payment Of Stamp Duty On Permanent Alternate Accommodation Agreements When Stamp Duty Has Already Been Paid On The Development Agreement

    A division bench of the Bombay High Court ("High Court") in its recent judgment of Adityaraj Builders v. State of Maharashtra & Ors1 inter alia held that once requisite stamp duty has been paid on a development agreement entered into between a developer and co-operative housing society.
    IndiaLitigation, Mediation & Arbitration
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Deemed Conveyance: Ensuring Compliance And Buyer Protection

    In a writ petition filed before the Bombay High Court by Blue Haven Co-op Housing Society Ltd. (Petitioner) versus Punit Construction Company Private Limited...
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Examining The Distinction Between Liability Of Landowners And Project Developers Under RERA

    The Real Estate (Regulation and Development) Act, 2016 (RERA Act) has ushered in greater accountability and discipline across India's real estate sector, addressing long-standing issues such as project delays, lack of transparency, and developer fraud and malpractice.
    IndiaReal Estate and Construction
    Fox & Mandal
    Fox & Mandal
  • Article

    Litigation Update: Surrender Of Reserved Land In Exchange For Development Rights Constitutes Valid Acquisition Under The MRTP Act

    The Bombay High Court, in Milan CHSL v. Pune Municipal Corporation & Ors. held that surrender of land reserved under a sanctioned development plan in exchange...
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    NHAI Issues Standard Operating Procedures For Implementing Works By Third Party Contractors At Risk And Cost Of Concessionaire

    NHAI, vide circular dated July 8, 2024, issued a policy circular issuing standard operating procedures ("SOPs") which the authority engineers/independent engineers appointed...
    IndiaReal Estate and Construction
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Specific Performance of a Development Agreement

    By a judgment dated 9th October, 2018 in the matter of Sushil Kumar Agarwal vs. Meenakshi Sandhu and Ors. [2018 (13) SCALE 778], the Hon'ble Supreme Court, relying on provisions of Section 14 (3) (c) ...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    The 70% Conundrum (Part I) – What Does The Haryana RERA Imply?

    There is a requirement under the Real Estate (Regulation and Development) Act, 2016 (Act) to keep aside 70% of receivables from allottees in a separate, designated bank account (RERA Account).
    IndiaReal Estate and Construction
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    The Delhi High Court Discusses The Effect Of Novation On An Arbitration Clause In The Original Contract

    The Delhi High Court recently in the case of B.L. Kashyap and Sons Limited vs. Mist Avenue Private Limited held that when a new contract novates the original contract, the arbitration clause...
    IndiaReal Estate and Construction
    Obhan Mason
    Obhan Mason
  • Article

    Does The Buyer Of Under Construction Housing Projects Really Get Respite From Paying Service Tax

    The recent judgement delivered by the Delhi High Court on 03rd of June 2016 on the subject is trending in the Social Media.
    IndiaTax
    Singhania & Partners LLP
    Singhania & Partners LLP
  • Article

    ‘Time Is Of The Essence Of The Contract', Or Is It?

    The Supreme Court of India ("SC") in the case Welspun Specialty Solutions Ltd. vs. ONGC1, ("judgement") recently held that, merely having an explicit clause in a contract...
    IndiaCorporate/Commercial Law
    Obhan Mason
    Obhan Mason
  • Article

    Sustainable Development And Regulatory Oversight: Lessons From Vanashakti v. Union Of India

    The Supreme Court's decision in Vanashakti v. Union of India is a landmark pronouncement in the field of environmental law, particularly in relation to the regulation of building, construction...
    IndiaEnvironment
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Arbitration And Tort Law: Krishan Gopal v. Parveen Rajput

    An Arbitration clause is designed to set out the procedure that shall govern any dispute arising from or in connection with the contract.
    IndiaLitigation, Mediation & Arbitration
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    No Action To Recover EMI For Stuck Realty Projects

    The surge in realty projects assuring umpteen homebuyer of the dream of having their own homes have failed to become reality.
    IndiaReal Estate and Construction
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Showing 141–160 of 429 results

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