Altering project layout without prior notice is an ‘unfair trade practice’- NCDRC orders refund to flat buyer
The National Consumer Disputes Redressal Commission (“Commission”) on March 11, 2022, in the matter of Vikas Jain v. M/s Chintels India Ltd., observed that: “There is an admitted delay in offer of possession. There is also an admitted alteration in the project in as much as it has been bifurcated into two phases with an […]
Insolvency application withdrawal as majority homebuyers accepted builder’s settlement during CIRP- Allows the Supreme Court
The Supreme Court on March 03, 2022 in the matter of Amit Katyal vs Meera Ahuja, allowed withdrawal of Corporate Insolvency Resolution Process (“CIRP”) against a builder in an application filed by three homebuyers. The court exercised power under Article 142 of the Constitution of India to permit withdrawal of CIRP proceedings and set aside all […]
Whether the orders passed under the repealed West Bengal Housing Industry Regulation Authority Act, 2017 be executed? – Cal HC discusses
The Calcutta High Court on February 28, 2022, in the matter of Saptaparna Ray v. District Magistrate and Collector, discussed the validity of an order passed under the repealed West Bengal Housing Industry Regulation Authority Act, 2017 (“WBHIRA Act”). In the instant case, the petitioner approached the West Bengal Housing Industry Regulation Authority (“WBHIRA”) against the private […]
Relinquishment of claims under Section 12(3) of the Specific Relief Act, 1963 can be made at any stage : Clarifies Supreme Court
Recently, the Hon’ble Supreme Court of India in Vijay Prabhu Vs. S.T. Lajapathie & Ors., observed that while seeking a part performance of the contract under Section 12 (3) of the Specific Relief Act, 1963 (SRA), the plea regarding the remaining part of the contract and all rights to compensation can be made at any stage of […]
Gift Deed Irrevocable, Particularly When No Right of Revocation Reserved in Deed: Observes Supreme Court
Recently, the Hon’ble Apex Court in the case of N. Thajudeen V. Tamil Nadu Khadi And Village Industries Board, while setting aside an appeal before it, explained the conditions to revoke a gift deed as per S. 126 of the Transfer of Property Act, 1882 and observed that a gift deed cannot be revoked ordinarily, particularly when […]
A Third Party, Against Whom a Sale Deed Is Void, Need Not Mandatorily Seek Its Cancellation Under Section 31 Of The Specific Relief Act, 1963: Upholds Supreme Court
In the recent case of Sukhmander Singh And Ors Etc. v. The State Of Punjab And Ors Etc., the Hon’ble Supreme Court observed that, a third person, who is not a party to the sale deed and has been affected by the execution of said sale deed between the parties, cannot be compelled to file a separate […]
Literal Interpretation of Document/ Instrument to Be Considered When Language Is Clear and Unambiguous: Upholds Supreme Court
The Apex Court, in the recent case of Kamal Kishore Sehgal (D) Thr. Lrs. & Ors. Versus Murti Devi (Dead) Thr. Lrs., held that for the purpose of interpretation of an instrument/ document where the language used therein is clear and unambiguous, only that clear expression of words shall be contemplated for the purpose of interpretation, and […]
Liquidator is not bound by Stakeholders Consultation Committee’s Advice: Upholds Supreme Court
The Supreme Court has recently held in the case of V.S. Palanivel v/s P. Sriram CS Liquidator etc that advice given by the Stakeholders Consultation Committee (SCC) is not binding upon the liquidator in liquidation proceedings. The Apex Court observed that Regulation 31A of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 (“IBBI Regulations”) […]
Admission Of Inadequately Stamped Instruments under the Karnataka Stamp Act, 1957 – Procedure and Penalty: Re-explained by the Supreme Court
The Hon’ble Supreme Court has clarified in the case of Seetharama Shetty v. Monappa Shetty the procedure of admitting insufficiently stamped instruments as evidence. A party that presents an insufficiently stamped instrument can either pay the duty and penalty as provided under Section 34 of the Karnataka Stamp Act, 1957 (“Act”) or apply under Section 39 of […]
Period of limitation in respect of a suit of specific performance to run from the date fixed for performance and not from expiry of the agreement: Upholds Supreme Court
Clarifying the position in respect of computing the period of limitation in a suit for specific performance, the Hon’ble Supreme Court in the case of Usha Devi & Ors. v. Ram Kumar Singh & Ors., observed that the period of validity of an agreement does not change the date of performance, which performance is to be […]