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  • Article

    To Pay Rent Or Not To Pay Rent? The Delhi High Court Rejects Plea For Suspension Of Rent During Lockdown

    The COVID-19 outbreak and the resultant nationwide lockdown have severely impacted performance of obligations, whether contractual or otherwise, across the country.
    IndiaCorporate/Commercial Law
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Amalgamation Is Not An Alibi: The Supreme Court On Involuntary Amalgamation And Eviction Under Rent Control Law

    The Supreme Court of India has definitively ruled that a tenant cannot avoid eviction under the Delhi Rent Control Act simply because possession transferred to another entity through...
    IndiaReal Estate and Construction
AZB & Partners
AZB & Partners
  • Article

    Family Members Or Heirs: Distinct Routes To Tenancy Succession

    In Parsi Punchayet Funds and Properties, Bombay v. Ms. Katty J. Mistry (Writ Petition No. 3944 of 2000), the Bombay High Court considered an important question concerning succession to statutory tenancy under Section 5(11)(c)(i) of The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Rent Act): whether an heir may inherit a tenancy without having resided with the deceased tenant.
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    Lease And License: Navigating The Legal Landscape

    A ‘lease' grants an interest in immovable property. In contrast, a ‘license' gives a right to do or continue to do, in or upon immovable property, something which would otherwise be unlawful.
    IndiaReal Estate and Construction
    ALAYA LEGAL ADVOCATES
    ALAYA LEGAL ADVOCATES
  • Article

    Stamp Duty Amnesty Scheme 2023

    With a view to boost collection of revenue in an era of highly significant property transactions, Government of Maharashtra introduced Maharashtra Stamp Duty Amnesty Scheme - 2023 on 7 December 2023 which...
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Force Majeure, Lockdown & Lease Rent: Delhi High Court Provides Clarity

    COVID-19 and the lockdown that followed this pandemic has not just created large-scale implications for businesses across the globe, but has also severely affected contractual relationships.
    IndiaCoronavirus (COVID-19)
    Phoenix Legal
    Phoenix Legal
  • Article

    Dispute Resolution & Arbitration Monthly Newsletter | January 2021

    A Tenancy Agreement was entered into between the landlord's predecessor-in-title (Shree Bajrang Land & Trading Company) and the tenant (Appellants) on February 02, 2006 in respect of certain go- down and other structures.
    IndiaReal Estate and Construction
    HSA Advocates
    HSA Advocates
  • Article

    New Rent Rules 2026: Model Tenancy Act, Digital Rent Authorities And Overstay Penalties For Landlords And Corporate Tenants

    Various states have started to implement the Centre's Model Tenancy Act (MTA) framework through their "New Rent Rules 2026" which will operate until 2025 and until the beginning of 2026. The process of recording and enforcing both residential and commercial tenancy agreements in India has entered a new phase which will transform current practices.
    IndiaReal Estate and Construction
    Legitpro Law
    Legitpro Law
  • Article

    RERA's Iron Grip Strengthened: Courts Redefine Allottee Rights In Mortgages, Leases & Insolvency

    The Real Estate (Regulation and Development) Act, 2016 (RERA), was enacted as a broad safeguard for India's purchasers, a group of consumers that has historically been exposed to the opaque and unaccountable...
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Applicability Of The Doctrine Of Frustration To Lease And License Agreements

    With the commencement of the third wave of India's countrywide lockdown the time has arrived for businesses to take a cold hard look at their depleting resources and find ways to manage their losses.
    IndiaReal Estate and Construction
    GameChanger Law Advisors
    GameChanger Law Advisors
  • Article

    Demystifying The Conundrum Surrounding The Non-Arbitrability Of Disputes In Arbitration

    The decade-old uncertainty on the issue of arbitrability of tenancy disputes stands settled with the pronouncement of the judgment by the Hon'ble Supreme Court in, Vidya Drolia and Others v. Durga Trading Corporation ("Vidya Drolia II/Judgment").
    IndiaLitigation, Mediation & Arbitration
    RPV Legal
    RPV Legal
  • Article

    Real Estate Round Up 2019

    The Real Estate (Regulation and Development) Bill was introduced in the Rajya Sabha in 2013.
    IndiaReal Estate and Construction
    Alpha Partners
    Alpha Partners
  • Article

    Either Lease Or Leave And License Or Both Are Arbitrable In Maharashtra?

    Not Every Matter is capable of being submitted to the Arbitration.
    IndiaLitigation, Mediation & Arbitration
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Analysis Of The New Model Tenancy Act

    The Union Cabinet approved the Model Tenancy Act (MTA) on June 02, 2021. The headline feature of this Act is setting up of separate rent authorities, courts, and tribunals at district level for protecting...
    IndiaReal Estate and Construction
    HSA Advocates
    HSA Advocates
  • Article

    Arbitrability Of Tenancy Disputes: A Step In The Right Direction

    A long due controversy on arbitrability of tenancy disputes has finally been put to rest by the Hon'ble Supreme Court of India.
    IndiaLitigation, Mediation & Arbitration
    Advani & Co
    Advani & Co
  • Article

    HSA | Dispute Resolution & Arbitration Monthly Update | October 2025

    In a recent and significant judgement, the Supreme Court of India has ruled that the State Government cannot invoke the doctrine of escheat under Section 29 of the Hindu Succession Act, 1956...
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    THE WHY AND THE HOW OF TITLE DUE DILIGENCE

    ‘Title' is a legal term; it means the ownership right to property. Investigation of title is essential to ascertain the ownership of the property and ensuring that, the title is complete...
    IndiaReal Estate and Construction
    Shardul Amarchand Mangaldas & Co
    Shardul Amarchand Mangaldas & Co
  • Article

    FORCE MAJEURE: Q&A Concerning Force Majeure In View Of COVID 19 Pandemic

    "Force majeure", a French term equivalent to "Vis majeure", in Latin, means "superior force".
    IndiaCoronavirus (COVID-19)
    VGC Law Firm
    VGC Law Firm
  • Article

    When Owners Become Trespassers: Reaffirming The Primacy Of Possession In Criminal Law

    The intersection of property law and criminal law often presents complex scenarios where ownership rights collide with possessory rights, particularly in landlord-tenant relationships.
    IndiaCriminal Law
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Bharatiya Sakshya Adhinyam, 2023 (BSA) Vs. Indian Evidence Act Of 1872 (IEA)

    The Bharatiya Sakshya Adhinyam, 2023 (BSA) replaces the Indian Evidence Act of 1872 (IEA) and it was approved by both the Lok Sabha and Rajya Sabha on December 20 and December 21, 2023, respectively, before receiving presidential assent on December 25, 2023.
    IndiaGovernment, Public Sector
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Showing 161–180 of 196 results

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