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  • Article

    Rejection Of Amendment Application On Grounds Of Limitation

    Largely, under the provisions of Civil Procedure Code, 1908 any party is permitted to amend its pleadings in order to bring out the true and correct facts necessary for determining...
    IndiaLitigation, Mediation & Arbitration
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Supreme Court: Third Party Secured Creditor Cannot Be Treated Inferior In Its Claim In IBC Than An Operational Or Dissenting Financial Creditor

    In a recent judgement of Vistra (ITCL) India & Ors. Vs. Mr. Dinkar Venkatasubramanian & Anr., the Hon'ble Supreme Court of India ("Supreme Court") quashed the order passed by National Company...
    IndiaLitigation, Mediation & Arbitration
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Conversion Of Government Lands Into Occupancy Class I Lands

    As such, the Government has been mulling for a while to resolve such issues and put an end to endless litigations as well as resolve the grievances faced by the Occupants
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    The State Of Maharashtra Imposes One Time Premium For Regularizing Exemption Orders Granted Under Section 20 Of The Urban Land (Ceiling And Regulation) Act, 1976 (Now Repealed).

    The Supreme Court of India, vide its Order dated 2nd July 2019, in the matter of Maharashtra Chamber of Housing Industry, through Chief Manager Finance Mr. Chandra Prakash Goyal & Ors. vs. The State of Maharashtra, ...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Whether Complaints Against Unregistered Projects Are Maintainable Under RERA?

    With the advent of Real Estate (Regulation and Development) Act, 2016 ("Act") there is now a central piece of legislation governing the rights and obligations of all participants in the real estate industry.
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    EX Post Facto Environmental Clearances: A Constitutional And Statutory Analysis

    The case of Fatima vs Union of India raised significant environmental concerns surrounding the issuance of ex post facto environmental clearances.
    IndiaEnvironment
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Allotees Can Exit From A Lapsed Project Only After The Completion Of The Project

    The Maharashtra Real Estate Regulatory Authority has delivered an order on 28th September, 2022 in the matter of Vijayshree Ajay Pandya and Another versus Prahsanti Land Developers Private Limited...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    ULC Premium To Be Imposed Only On Surplus Vacant Land And Not Land Held Within Ceiling Limits

    The Urban Land Act, 1976 stood repealed by the Urban Land Repeal Act, 1999...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Resignation Of Statutory Auditors – SEBI Steps Up

    It seems that adding notes to accounts and qualifying the financial statements are no more a sufficient safety net in the minds of the statutory auditors.
    IndiaAccounting and Audit
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Adjudication Of Third Party ‘Claims' By NCLT

    In one of the recent judgments, the ever- contentious issue of whether the National Company Law Tribunal ("NCLT") has the power and jurisdiction to decide third party claims may finally have been put to rest.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Developer's Rights Versus Resident's Needs – Bombay High Court's Perspective

    The process of carrying out redevelopment of old and dilapidated housing societies in the city of Mumbai has long been a subject of legal complexity...
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Corporate Guarantors Of A Non-Corporate Debtor: NCLAT Lays Down Ground Rules

    In a recent judgment, the National Company Law Appellate Tribunal, New Delhi provided a clarification with regard to Section 5(8) and Section 7 of the Insolvency & Bankruptcy Code, 2016.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    E-Registration Facility For Registration Of Flat Purchase Agreements

    Due to the onslaught of the Novel Coronavirus (COVID-19) Pandemic and ever -increasing cases, the Government (State and Central) are taking various measures to curb the spiraling growth of the virus.
    IndiaCoronavirus (COVID-19)
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    The Selling Of Mortgaged Property By The Lender/secured Creditor Doesn't Instinctively Discharge The Borrower From Its Entire Liability

    On failure on the part of the Borrower to repay the loan taken from the Appellant Bank
    IndiaFinance and Banking
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Deed Poll

    Conveyancing in India has evolved, and words like, ‘Qabuliyatnama', ‘Jagirdar', ‘Muafidar' and ‘Charpatra (Redemption of rent)' etc., are occurring from ancient days in the Indian literature.
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Securities Law Update – For April & May 2017

    In the month of November, 2015, the Hon'ble Supreme Court has passed judgment in case of Roofit Industries v. SEBI wherein it was held that for the offences committed during the period...
    IndiaCorporate/Commercial Law
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Dishonoured Cheques - Not All Directors?

    The long-standing issue of undisposed pending cases of cheque dishonour in terms of Section 138 of the Negotiable Instruments Act, 1881 ("said Act") ...
    IndiaCorporate/Commercial Law
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Section 45 Of TOPA – Making A Case For Single Ownership Of Jointly Acquired Property

    It has been common practice in India for family members to acquire properties in joint names, particularly residential properties, despite only one of the transferees making the payment towards consideration or cost for acquisition of such flat.
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • Article

    Snapshot Of Recent MahaRERA Circulars July – September 2021 :

    The Maharashtra Real Estate Regulatory Authority has issued various circulars from time to time to bring clarity on the provisions and standard operating procedure under the Real Estate Regulation and Development Act, 2016.
    IndiaReal Estate and Construction
    Dhaval Vussonji & Associates
    Dhaval Vussonji & Associates
  • 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

Showing 121–140 of 184 results

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