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  • Article

    National Consumer Disputes Redressal Commission Rules On ‘Force Majeure' In Real Estate Projects

    All the 16 First Appeals were heard by the NCDRC together and disposed of by a common order dated 12th December 2018.
    IndiaConsumer Protection
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    CIRP Amendment 2025: A Ray Of Hope For The Homebuyers In Distress

    The Insolvency and Bankruptcy Code, 2016 ("Code"), since its inception, has undergone significant reforms to address sector-specific issues and improve the efficiency of the resolution of insolvency.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    AJA Legal
    AJA Legal
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

    Fair Market Value Under PMLA

    On the treatment of Fair Market Value under PMLA, the High Court of Madras, in the case of B. Rama Raju, S/o B. Ramalinga Raju Vs. Union of India (UOI), [MANU/TN/1696/2011]; [(2012)1MLJ419], held that
    IndiaReal Estate and Construction
    Vaish Associates Advocates
    Vaish Associates Advocates
  • Article

    The Supreme Court Of India Clarifies The Law On Registration And Stamping Of A Sale Certificate Issued In Pursuance Of An Auction Sale By A Court

    The Supreme Court of India in its recent judgement in The State of Punjab and Another vs. Ferrous Alloy Forgings Private Limited and Ors1, has held that (a) a sale certificate issued under the Code of Civil Procedure, 1908.
    IndiaReal Estate and Construction
    JSA Advocates & Solicitors
    JSA Advocates & Solicitors
  • Article

    Homebuyers Cannot Invoke Insolvency Proceedings To Execute RERA Decrees: NCLAT

    In a recent order issued by the National Company Law Appellate Tribunal ("NCLAT") in the case of Sushil Ansal Vs. Ashok Tripathi, the NCLAT has held that a decree-holder cannot be...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Obhan Mason
    Obhan Mason
  • Article

    NCLAT Bars CIRP On Barter Agreements, Explores RERA's Role In Challenging Admission Orders

    NCLAT scrutinized whether RERA, as a statutory authority, had legitimate standing to file an appeal against the CIRP admission order.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    ZBA
    ZBA
  • Article

    Restructuring & Insolvency Monthly Update | September 2021

    In exercise of the powers conferred by Clause (c) and Clause (cd) of Section 140 and Clause (viii) of Sub-Section (2) of Section 288 read with Section 295 of the Income-tax Act...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    HSA Advocates
    HSA Advocates
  • Article

    Benami Transactions' Prohibition Law Amendment Is Prospective, Holds Rajasthan High Court

    In a batch of writ petitions (Civil Writ Petition No. 2915/2019 and others), the Hon'ble Rajasthan High Court has held that the Benami Transactions (Prohibition) Amendment Act, 2016 is prospective in nature ...
    IndiaLitigation, Mediation & Arbitration
    Khaitan & Co.
    Khaitan & 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

    Section 17 Or Article 226? Kerala High Court Slams The Door On Writ Route In SARFAESI

    A borrower who knocks on the constitutional door before exhausting the specialised forum usually leaves empty handed. The Division Bench of the Kerala High Court has, in Writ Appeal No. 2036 of 2025 decided on 23 September 2025...
    IndiaLitigation, Mediation & Arbitration
    IndiaLaw LLP
    IndiaLaw LLP
  • Article

    A Marketable Title Is Free From Reasonable Doubt, Not Free From All Claims – Bombay High Court

    In effect, a frivolous suit filed by a third party in respect of the property will not be a clog on the title.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    A Revolution In Rental Housing: Uttar Pradesh Heralds A Whole New Beginning

    Rent control laws in India have a long history, and post-independence, these laws have often placed significant constraints on landowners, leading to a disincentive for rental property supply.
    IndiaReal Estate and Construction
    Mansukhlal Hiralal & Company
    Mansukhlal Hiralal & Company
  • Article

    Analysis Of Lending Restrictions On NBFCS In Real Estate Sector

    The Reserve Bank of India ("RBI") on October 22, 2021 ("said Circular 1")1 had introduced a revised regulatory framework for Non-Banking Financial Companies ("NBFCs") placed in different layers.
    IndiaReal Estate and Construction
    CMS INDUSLAW
    CMS INDUSLAW
  • 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

    From Deeds To Digital Assets: The 2026 Legal Framework For Real Estate Tokenization

    The property law and distributed ledger technology intersections have left the speculative period of crypto-real estate behind and entered a more advanced and regulated financial frontier.
    IndiaReal Estate and Construction
    Maheshwari & Co. Advocates & Legal Consultants
    Maheshwari & Co. Advocates & Legal Consultants
  • Article

    Legal Documents Required For Purchase Of Property

    IndiaReal Estate and Construction
    Vatsala Dhananjay
    Vatsala Dhananjay
  • 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
  • Showing 321–340 of 852 results

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