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  • Article

    Proceedings Before A Consumer Commission Are Summary In Nature And Complaints Involving Highly Disputed Questions Of Facts Or Cases Involving Tortious Acts Or Criminality Like Fraud Or Cheating, Cannot Not Be Decided By Such A Forum/Commission Under The Consumer Protection Act, 1986

    The Apex Court in a decision in The Chairman and Managing Director, City Union Bank Ltd. and Anr. Versus R. Chandramohan1 observed that proceedings before a State Commission...
    IndiaConsumer Protection
    M Mulla Associates
    M Mulla Associates
  • Article

    A Contract Between Flat Purchasers & Promotor Cannot Override Or Derogate From Statutory Mandates

    The Bombay High Court in its decision in Rameshwar Cooperative Housing Society Limited & Ors vs. Divisional Joint Registrar & Ors., held that any clause in the agreement of sale between the flat purchaser and the developer which is inconsistent with the rights and obligations flowing under the Maharashtra Cooperative Societies Act, 1960.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Premium Under The Repealed Urban Land (Ceiling And Regulation) Act, 1976, Is To Be Paid Only For Surplus Vacant Land

    The Bombay High Court in a recent decision in Salim Alimahomed Porbanderwalla and Anr. Vs The State of Maharashtra and Anr.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Exemption Under Section 3(1)(B) Of The Maharashtra Rent Control Act, 1999, Shall Apply To Private And Limited Companies Which Have A Paid-Up Share Capital Amount Exceeding One Crore Rupees Even If The Premises Are Given To Such Companies On License Basis

    The Petitioner made part payments from time to time in response to the notices issued by the Respondents and assured the Respondents of the balance payment.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Guidelines For Determination Of Market Value For Computing The Stamp Duty On A Sale Certificate – Bombay High Court

    Recently, the Bombay High Court in Pinak Bharat & Co. V. Anil Ramrao & Co, has laid down the general guidelines to arrive at the market value of a property to compute the stamp duty payable under the Maharashtra Stamp Act, ...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Once The Execution Of An Agreement To Sell And Part Payment Of Sale Consideration By Way Of An Advance Was Admitted By The Vendor, There Was Nothing Further Required To Be Proved By The Vendee In A Suit For Specific Performance

    The Apex Court in a decision in P. Ramasubbammav/s V. Vijayalakshmiand Others observed that once the execution of an agreement to sell and the payment/receipt of advance substantial sale consideration...
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Letter Of Intent Merely Indicates A Party's Intention To Enter Into A Contract And Cannot Be Construed As A Binding Contract.

    The Appellant No.1 had floated a tender for excavation and related work.
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    When Arbitral Proceedings Are Abandoned, The Court Cannot Appoint A Substitute Arbitrator Under Sections 11 And 14 Of The Arbitration Act

    The Bombay High Court in Supama Realtors LLP and Others vs. Mulchand Kaluchand Ranka and Others , inter alia held that an application for appointment of a substitute arbitrator under Section 11 read with Section 14 of the Arbitration and Conciliation Act, 1996 ("Arbitration Act") cannot be allowed where the arbitral proceedings themselves have stood terminated on account of abandonment under Section 32(2)(c) of the Arbitration Act.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    The Insolvency And Bankruptcy Code (Amendment) Ordinance 2018: Analysing Significant Amendments

    The Ordinance provides necessary clarifications and modifications with regard to the insolvency resolution structure thereby ameliorating the provisions of the Code.
    IndiaInsolvency/Bankruptcy/Re-Structuring
    M Mulla Associates
    M Mulla Associates
  • Article

    The National Company Law Tribunal Has Jurisdiction To Direct The Enforcement Directorate To Release Attached Properties Of The Corporate Debtor

    The Bombay High Court in its decision in Mr. Shiv Charan and Anr. Vs. Adjudicating Authority and Anr. and connected Petition held that the NCLT has the jurisdiction to direct the Enforcement Directorate to release attached properties of a corporate debtor ...
    IndiaInsolvency/Bankruptcy/Re-Structuring
    M Mulla Associates
    M Mulla Associates
  • Article

    Gift Deeds Executed By Senior Citizens Are Voidable Under Section 23 Of The Maintenance And Welfare Of Parents And Senior Citizens Act, 2007 Despite Absence Of An Express Maintenance Clause

    The Bombay High Court in its decision in Raviprakash R. Sodhani and Anr. v. Ram Swaroop Sodhani and Ors. observed that a gift deed executed by a senior citizen can be declared void under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, ...
    IndiaFamily and Matrimonial
    M Mulla Associates
    M Mulla Associates
  • Article

    Salient Features Of The Arbitration And Conciliation (Amendment) Bill, 2019

    Arbitration has increasingly become a preferred option to settle commercial disputes globally as well as in India.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Alternative Relief Of Refund Of Earnest Money Under Section 22 Of The Specific Relief Act, 1963 Cannot Be Granted Suo Moto By The Courts

    The Supreme Court in a decision in K.R. Suresh Vs R. Poornima & Ors., inter aliaheld that the plaint may be amended at any stage of the proceedings to enable the plaintiff to seek...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    A Nomination Made In Favour Of A Person Does Not Lead To A Nominee Attaining Title Over A Property For Which Such Nomination Was Made And Accordingly The Term 'Vesting' Under Section 109A Of The Companies Act, 1956, Does Not Create A Third Mode Of Succession

    The Apex Court in a recent decision in Shakti Yezdani and Anr. Vs Jayanand Jayant Salgaonkar and Ors., inter alia held that the nomination process did not override succession laws and there was no third mode of succession ...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    An Authorized Signatory Is Merely Authorized To Sign On Behalf Of The Company And Does Not Become The Drawer Of A Cheque

    The Apex Court in its decision in Shri Gurudatta Sugars Marketing Pvt. Ltd. Vs Prithviraj Sayajirao Deshmukh and Ors. held that the general rule against vicarious liability in criminal law ...
    IndiaCorporate/Commercial Law
    M Mulla Associates
    M Mulla Associates
  • Article

    When Limitation Is A Mixed Question Of Law And Facts, Plaint Cannot Be Rejected At The Threshold Of Order 7 Rule 11 Of The Code Of Civil Procedure,1908

    The Appellant instituted a suit bearing Suit No. 310 of 2014 ("said Suit"). before the Principal District Court, Chengalpet against the Respondents and Government authorities inter alia seeking declaratory relief, among others that, he is the legal owner of the suit property.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    An Arbitrator Cannot Overlook The Doctrine Of Mitigation Of Loss When Considering A Claim Of Compensation Even When Such Defense Was Not Taken

    The Bombay High Court in a recent decision in Prema V. Shetty and Ors. Vs. Saraswat Cooperative Bank Ltd.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    Dispute Raised By An Insurer Over Full And Final Settlement Is Arbitrable Despite Parties Discharging Contract

    The Apex Court in its decision in Arabian Exports Private Limited vs. National Insurance Company Ltd., has held that an arbitral tribunal is competent to rule on its own jurisdiction including on the issue of existence or validity of an arbitration agreement.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates
  • Article

    No Prior Consent Of A Flat Taker Is Required By A Promoter For Additional Construction Once The Entire Project Is Disclosed

    Cyprus continues to attract international investors and families who wish to secure long-term residence in the European Union.
    IndiaReal Estate and Construction
    M Mulla Associates
    M Mulla Associates
  • Article

    Courts Have Limited Power Under Sections 34 And 37 Of The Arbitration And Conciliation Act, 1996 To Modify Arbitral Awards

    The Supreme Court in its decision in Gayatri Balasamy vs. M/s. ISG Novasoft Technologies Limited. has held that the court has a limited power under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996 to modify the arbitral award.
    IndiaLitigation, Mediation & Arbitration
    M Mulla Associates
    M Mulla Associates

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