Searching Content indexed under Real Estate and Construction by Khaitan & Co ordered by Published Date Descending.
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Homebuyers Entitled To An Additional Remedy Against Builders
Amounts raised from homebuyers contribute significantly to the construction of the real estate projects and hence it is necessary to treat homebuyers as financial creditors.
20 Aug 2019
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.
14 Aug 2019
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 ...
29 Jul 2019
Demolition - A Limitation On Architect's Moral Rights
This writ was also dismissed. Rewal then preferred an appeal. While this appeal was pending hearing, ITPO started demolishing the Hall.
10 Jul 2019
33rd GST Council Meeting – Real Estate Sector Update
In its 33rd meeting held on 24 February 2019, the GST Council has recommended reduction in GST rates for under-construction residential properties.
12 Mar 2019
SC Rules That Public Property Cannot Be Alloted To Profit-Oriented Educational Institutions At A Concessional Price Or For Free
Both the writ petitions were heard together and dismissed by the learned single judge of the Jammu & Kashmir High Court.
27 Dec 2018
Supreme Court Stays Construction Activities In Certain Union Territories And States Until A Solid Waste Management Policy Has Been Framed
A division bench of the Supreme Court of India (Court), comprising of Justice Madan Lokur and Justice S. Abdul Nazeer, has, In Re: Outrage as Parents End Life After Child's Dengue (SMW (c) No. 1 of 2015), ...
10 Sep 2018
Supreme Court Clarifies Section 11(6A) Of Arbitration And Conciliation Act By Allowing Factual Enquiry
A full bench of the Hon'ble Supreme Court of India (the Court) in the case of United India Insurance Co. Limited v Hyundai Engineering and Construction Co Ltd & Ors has clarified that the observation of the Court ...
2 Sep 2018
SC Upholds Disqualification Under Section 29A Of The IBC; But Invokes Article 142 To Protect Interests Of Homebuyers
Although discussions took place with four resolution applicants, no resolution plan was approved by the CoC within the mandated CIRP period of 270 days ending 12.05.2018.
22 Aug 2018
MahaRERA To Have Jurisdiction Even Where Agreement For Sale Is Cancelled Prior To RERA
On 4 June 2018 the Maharashtra Real Estate Regulatory Authority (MahaRERA) passed an order (Order) in the case of Champatlal Jain, Parvin Dumasia and 6 Others (Complainants) v Suriti Developers Private Limited...
27 Jun 2018
Bombay High Court Upholds Power Of State Government To Charge Transfer Premia
The Government of Maharashtra owns large tracts of land in this city which it has leased to various individuals and institutions.
29 May 2018
Government Brings Clarity To Real Estate Transactions
The Government has notified the ‘time of supply' in case of transfer of development rights in exchange of construction services.
31 Jan 2018
Supreme Court Says No To Arbitration In Landlord-Tenancy Disputes
A Supreme Court bench consisting of the Hon'ble Justices R K Agarwal and Abhay Manohar Sapre recently reaffirmed the non-arbitrability of disputes relating to tenancy and eviction in Himangni Enterprises v Kamaljeet Singh Ahulwalia ...
31 Jan 2018
New Year Begins With Further Liberalisation Of The FDI Policy
The Department of Industrial Policy & Promotion (DIPP), on 23 January 2018, by way of Press Note No. 1 (2018 Series) (PN 1), notified certain amendments to the Consolidated Foreign Direct Investment Policy dated 28 August 2017 (FDI Policy).
25 Jan 2018
Maha RERA Conditionally Withdraws Office Order On Co-Promoter
The Maharashtra Real Estate Regulatory Authority (the Maha RERA or the Authority) had vide its circular dated 11 May 2017 bearing Reference No RERA/LA/32/2017 (Co‑Promoter Order) defined the term "Co‑Promoter".
24 Nov 2017
Lenders Do Not Require Approval Of Allottees Or Maha RERA In Case Of Default By Promoter – Transfer Of Stake In A Promoter Company – Not A Transfer U/S 15 Of RERA
The Maharashtra Real Estate Regulatory Authority has vide its circular dated 8 November 2017 bearing Reference No 11/2017 given a welcome clarification to the provisions of Section 15 of The Real Estate (Regulation and Development) Act, 2016.
15 Nov 2017
Supreme Court Lays Down 10 Principles For Invoking Inherent Jurisdiction Under Section 482 Of The Code Of Criminal Procedure, 1973
The plea for quashing the FIR was advanced on the ground that the Appellants had amicably settled the dispute with the complainant. The Court after discussing various precedents on the subject summarised the broad principles in relation to Section 482 for quashing FIRs.
11 Oct 2017
Delhi High Court Strikes Down NDMC (Determination Of Annual Rent) Bye-Laws, 2009 As Being Ultra Vires The NDMC Act, 1994
The Bye-Laws were struck down as they were held to be in excess of the scope and ambit of the powers vested in the New Delhi Municipal Council (NDMC) to make Bye-laws under Section 388 (1) A (9) of the NDMC Act.
22 Aug 2017
Madras High Court Stays Notification Providing Six-Month Window To Get Environmental Clearance In Cases Of Violation
The Notification provided that all applications for environmental clearance would be considered on merits and as per the applicable norms provided for in the Environment Impact Assessment Notification 2006.
28 Jul 2017
Real Estate (Regulation & Development) Act, 2016 |Issues: Addressed & Un-Answered
The registration of the project is to expire on the date of proposed completion of project.
20 Jun 2017
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