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  • Article

    Homebuyers Now Financial Creditors: Too Many Cooks Spoil The Resolution Process?

    The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, which came into force on 6th June, 2018 provides for various amendments to the Insolvency and Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    IBBI Amendments To CIRP Regulations: Impact On Corporate Insolvency And Real Estate

    The Insolvency and Bankruptcy Board of India ("IBBI") has notified amendments ("Amendment") to IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 ("CIRP Regulations") (read here).
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Acuity Law
    Acuity Law
  • Article

    Imposition Of Regulatory Fee – Interplay With Insolvency Costs

    The promulgation of the Insolvency and Bankruptcy Code, 2016 (IBC/Code) is a watershed moment in development of law relating to Restructuring and Insolvency in the Indian eco-system...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhir & Dhir Associates
    Dhir & Dhir Associates
  • Article

    Arbitration Clauses Cannot Oust The Jurisdiction Of The Consumer Courts

    It is well settled that arbitration agreements do not bar the jurisdiction of the National Consumer Disputes Redressal Commission ('NCDRC') and other consumer forums.
    IndiaLitigation, Mediation & Arbitration
    Tuli & Co
    Tuli & Co
  • Article

    Rights Under RERA Cannot Be Ousted By Private Arbitration Clause, Bombay HC Holds

    The Bombay High Court, while adjudicating a second appeal in the matter of M/s. Rashmi Realty Builders Pvt. Ltd. v. Mr. Rahul Rajendrakumar Pagariya and Ors., delivered a seminal ruling that underscores the prominence of statutory forums ...
    IndiaLitigation, Mediation & Arbitration
    HSA Advocates
    HSA Advocates
  • Article

    Changes In Indian Real Estate Registration Rules With The Proposed Registration Bill 2025

    The Indian government has introduced the Registration Bill 2025 to modernize the outdated 1908 property registration law. With rising digital adoption and changing social and economic practices, the old system no longer meets current needs.
    IndiaReal Estate and Construction
    King, Stubb & Kasiva
    King, Stubb & Kasiva
  • Article

    Clarification On Exemption From Project Registration And Interpretation Of Commencement And Completion Certificate

    Recently, the Maharashtra Real Estate Regulatory Authority ("MahaRERA") has issued an Order bearing No.62/2024 on October 22, 2024 ("Order") clarifying the following important issues...
    IndiaReal Estate and Construction
    S&R Associates
    S&R Associates
  • Article

    Delayed Possession- MahaRERA Awards Rs. 5 Crore To Allotee

    Renaissance Infrastructure vs. Parth B. Suchak...
    IndiaReal Estate and Construction
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Delhi High Court Quashes NOC Requirement For Further Construction

    An analysis of the judgment in Harish Bajaj & Anr. versus North Delhi Municipal Corporation & Anr. - wherein the Hon'ble Delhi High Court held that the NOC requirement of the NDMC from all the owners in a building was unwarranted.
    IndiaReal Estate and Construction
    Kochhar & Co.
    Kochhar & Co.
  • Article

    Expiry Of Long-Term Leases: Rights And Risks Beyond The Principal Lease

    Long-term leasehold developments typically involve multiple stakeholders, including the principal lessee (original lessee) as well as a further transferee to whom the right to use the property may be subleased or further assigned (sublessee/assignee).
    IndiaReal Estate and Construction
    Fox & Mandal
    Fox & Mandal
  • Article

    Landowners Not Always Promoters: Supreme Court Adopts ‘Control Test’ In Real Estate Projects

    The Supreme Court’s decision in Sriganesh Chandrasekaran & Ors. v. M/s Unishire Homes LLP & Ors. (2026 INSC 172) marks a significant development in determining the liability of landowners in real estate projects.
    IndiaReal Estate and Construction
    Anhad Law
    Anhad Law
  • Article

    Operation Of One Transaction In Two Different Stages Under The RERA Regime

    The Maharashtra Real Estate Regulatory Authority in the case of Anita Castellino vs. Godrej Landmark Redevelopers Private Limited vide its final order dated 22nd January, 2019 has whilst dismissing the complaint, ...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Part II – What's So Real About Real Estate Anyway?

    *An eight-part series covering the commercial and legal considerations of REIT listings in India. Click here to read Part 1.
    IndiaReal Estate and Construction
    Cyril Amarchand Mangaldas
    Cyril Amarchand Mangaldas
  • Article

    Real Estate (Regulation & Development) Act, 2016 – Milestones In 2018

    The Maharashtra Real Estate Regulatory Authority and the Real Estate Appellate Authority, under the provisions of Real Estate (Regulation & Development) Act, 2016, its Rules and Regulations that came into force ...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Restriction On Alienation / Transfer Of Agricultural Land Under The Telangana Tenancy And Agricultural Lands Act, 1950

    Restriction on Alienation / Transfer of Agricultural Land Under the Telangana Tenancy and Agricultural Lands Act, 1950 was enacted to inter alia, protect the rights of tenants of agricultural lands in the State of Telangana.
    IndiaReal Estate and Construction
    Tatva Legal
    Tatva Legal
  • Article

    Supreme Court Decides The Fate Of Landholders Affected By The ULC Exemption Orders:

    The Urban Land (Ceiling and Regulation) Act, 1976 was enacted to prevent concentration of urban properties in the hands of a few and to ensure equitable distribution / utilization of urban vacant lands.
    IndiaReal Estate and Construction
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Unauthorized Promotion And Promoter Liability Under RERA: "Coming Soon" Is Still Advertising

    This article examines the order of the Real Estate Regulatory Authority (RERA), Bihar, imposing a monetary penalty on M/s Alphabet Infra Pvt. Ltd.
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Understanding Property Attachment In Execution Of Court Decrees: A Legal Perspective

    The recent decision by the High Court of Judicature at Allahabad, Lucknow Bench, has highlighted critical legal principles related to the attachment...
    IndiaReal Estate and Construction
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    Whether A Society, Being A Landowner, Is A "Promoter" Under Real Estate Regulation Act, 2016?

    The flat purchasers sought direction against the Society as well as the Developer to hand over possession of their respective flats by completing construction or in the alternative, allow them to complete remaining construction.
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Gujarat High Court Holds Mandatory Deeming Fiction Of 1/3rd Deduction For Value Of Land In Under-Construction Real Estate Transactions Under GST As Ultra Vires And Unconstitutional, ‘Reads Down' Holding It To Be Optional

    Petitioner (Munjaal Manishbhai Bhatt), an advocate entered into an agreement with a landowner/developer for purchase of an already developed plot of land (1021 sq mt)...
    IndiaTax
    Khaitan & Co.
    Khaitan & Co.
  • Showing 301–320 of 852 results

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