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  • Article

    Between The Lines - July 2024

    In the matter of United India Insurance Company Limited v. M/s. Hyundai Engineering and Construction Company Limited and Others [Civil Appeal No. 1496 of 2023]...
    IndiaLitigation, Mediation & Arbitration
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    GST – ITC Is Available On Construction Of 'Plant' For Letting Out

    The Supreme Court has held that if the building in which the premises are situated qualifies for a ‘plant', Input Tax Credit (ITC) can be allowed on goods and services used in setting up the immovable property, which is a plant.
    IndiaReal Estate and Construction
    Lakshmikumaran & Sridharan
    Lakshmikumaran & Sridharan
Article

MoRTH Issues Amendments To The Model Concession Agreement For Build Operate Transfer (Toll) Model

Some of the amendments which may prove beneficial for concessionaires include introduction of construction support of up to 40% of the Total Project Cost, disallowing the GOI from constructing...
IndiaReal Estate and Construction
JSA Advocates & Solicitors
JSA Advocates & Solicitors
  • Article

    Unlocking The Truth: The Role And Procedure Of Expert Witnesses In International Arbitration

    The evolution of international arbitration as the preferred mechanism for resolving complex cross border disputes has transformed the landscape of dispute resolution. In particular, the growing complexity of subject matter, from multi-layered construction contracts to intricate financial valuations has created an increased reliance on expert witnesses. These individuals, equipped with specialized knowledge, provide clarity and guidance on technical, scientific, financial, or legal issues that fall outside the typical purview of arbitrators.
    IndiaLitigation, Mediation & Arbitration
    MZM Legal, Advocates & Legal Consultants
    MZM Legal, Advocates & Legal Consultants
  • Article

    Case Study - Hindustan Construction Company Limited And Anr. v. Union Of India And Ors*

    On 27 November 2019, the Supreme Court of India, delivered a seminal verdict in the case of Hindustan Construction Company Limited & Anr. v. Union of India & Ors. wherein, inter alia, the constitutional validity of ...
    IndiaLitigation, Mediation & Arbitration
    Economic Laws Practice
    Economic Laws Practice
  • Article

    Arbitrability Of Disputes Arising Out Of Builder-Buyer Agreements

    In a pivotal order, the NCDRC has held that the arbitration clause in a builder-buyer agreement cannot circumscribe the jurisdiction of consumer forums.
    IndiaReal Estate and Construction
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Calcutta High Court Upholds Post-Facto Sanction Of Building Plans After Construction Is Completed Cannot Be Granted Under Section 23 Of The West Bengal Panchayat Act, 1973

    On 17 November 2022, the Hon'ble High Court at Calcutta, in its decision in Falguni Mukherjee (Appellant) v. State of West Bengal and Ors. (Respondents), MAT 1022 OF 2022 and IA CAN 1 of 2022 deliberated on the judicial intent ...
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Can The Contractor On The Ground Of "Back-to-Back" Contracts, Defer Payments Of The Sub-Contractor In Perpetuity?

    Back-to-back agreements are a common feature of infrastructure construction projects.
    IndiaReal Estate and Construction
    AKS Partners
    AKS Partners
  • Article

    How To Execute A Leave & Licence Agreement In Mumbai: Legal Requirements & Common Mistakes

    Renting residential or commercial premises in Mumbai is commonly structured through a Leave and Licence Agreement in Mumbai rather than a traditional tenancy.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Once Stamp Duty Is Paid On A Development Agreement, Then No Stamp Duty Is Payable On A Permanent Alternate Accommodation Agreement Being An Incidental Document

    The Bombay High Court in a recent decision in Adityaraj Builders vs The State of Maharashtra and Ors. observed that once a Development Agreement has been stamped, then a Permanent Alternate Accommodation Agreement is only an incidental document ...
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Real Estate Newsletter July 2026

    The Karnataka Government's recent decision to introduce a 100-day One-Time Settlement (OTS) Scheme for the conversion of B-Khata properties into A-Khata marks one of the most significant real estate reforms in recent years. Under the scheme, eligible property owners can obtain an A-Khata by payment of 2% of the property's guidance value, subject to the applicable eligibility criteria presc-ribed under the scheme.
    IndiaReal Estate and Construction
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Recent Trends Under The Real Estate (Development And Regulation) Act, 2016

    The Real Estate (Development and Regulation) Act, 2016, hereinafter referred to as "RERA", is a central legislation which aims to bring the real estate sector under its ambit thereby aligning the interests of the allottees and the promoters.
    IndiaReal Estate and Construction
    S&A Law Offices
    S&A Law Offices
  • Article

    SC Clears The Air On The Application Of The Building And Other Constructions Workers (Regulation Of Employment And Conditions Of Service) Act, 1996

    The recent landmark judgement of the Hon'ble Supreme Court in Lanco Anpara Power Limited v State of Uttar Pradesh & Ors rendered in Civil Appeal No 6223 of 2016 has put to rest the long contested issue of . . .
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    The Real Estate (Regulation And Development) Act, 2016 - Comments

    For decades the promoter/developer, and not the consumer/allottee, has been king in real estate transactions. Buyers of property have been a harried lot.
    IndiaReal Estate and Construction
    The Law Point
    The Law Point
  • Article

    ‘Ownership' Under The MOFA Regime: An Interpretation Of The Bombay High Court

    The Maharashtra Ownership Flats Act, 1963 is an act to regulate the promotion of construction, sale, management and transfer of flats on an "ownership basis" in the State of Maharashtra.
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Punjab & Haryana High Court Holds Non-Taxability Of Land Transfer In Building Contracts (Works Contract)

    The two member bench of the Hon’ble High Court of Punjab and Haryana in the case of CHD Developers Limited, Karnal vs. State of Haryana and others, has vide its order dated 22nd April 2015.
    IndiaTax
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    Transferable Development Rights (TDRS) - A New Misery For Builders

    The Maharashtra Sales Tax Tribunal (MSTT/Tribunal), vide its land mark judgment dated 3 May 2016, in the matter of M/s Sumer Corporation v The State of Maharashtra.
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Success Rate Of Granting Liquidated Damages In Arbitration

    Construction companies use different types of contracts depending upon project cost, scope of work, right of way, scheduled completion date, etc. Construction of any project in modern time is riddled with complexities and risks;
    IndiaCorporate/Commercial Law
    S&A Law Offices
    S&A Law Offices
  • Article

    Applicability Of The BOCW Act, 1996 On Factories

    There are more than 28 million skilled and unskilled workers engaged in the construction sector in India.
    IndiaReal Estate and Construction
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    The Expert Edge: A Critical Component Of Construction Arbitration

    The complex and technical nature of certain types of arbitration makes testimony of expert witnesses indispensable.
    IndiaReal Estate and Construction
    S&A Law Offices
    S&A Law Offices
  • Showing 241–260 of 429 results

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