The remedies available to a tenant in the event that legal action is taken under Section 14 of the SARFAESI Act while the tenant’s tenancy is still in effect have been clarified by the Allahabad High Court. The Bench of Justices Siddhartha Varma and Shekhar B. Saraf clarified in that regard that two of the …

Tenant’s Remedies Available When Sarfaesi Proceedings Are Initiated While His Tenancy Is Still Valid: Allahabad High Court Describes Read More »

On February 13, the Supreme Court overturned the temporary protection afforded to officers of Indiabulls Housing Finance Ltd. in a formal complaint filed in response to the Director of Shipra Estate’s complaint, and the Enforcement Directorate’s ensuing inquiry. The criminal procedures were stayed by the Allahabad High Court last year, shielding the policemen from arrest. …

High Court Shouldn’t Have Halted The Probe And Given Indiabulls Officers Absolute Protection From Arrest: Supreme Court Dismisses Relief. Read More »

The Bombay High Court noted that an unsuccessful or postponed reconstruction cannot violate the fundamental rights of senior residents regarding their access to shelter. An elderly woman who was a member of Navin Manju Co-operative Housing Society Ltd. filed a writ case with the court in 2019. She claimed that her flat had been abandoned …

Failed Redevelopment Cannot Take Away Senior Citizens’ Fundamental Rights Regarding Their Shelter Entitlement: Bombay High Court Read More »

The Bombay High Court ruled that children could not lawfully claim exclusive possession or ownership of their parents’ property while they were alive. The son’s petition against the Senior Citizens Maintenance Tribunal’s (Tribunal) order to leave his mother’s tenement was denied by the court. In order to secure the well-being of senior citizens, the Maintenance …

Children Are Not Entitled To Exclusively Own Or Possess Their Parents’ Property Throughout Their Lives: Bombay HC Read More »

Developer Accord Builders was recently hit with an exemplary cost of Rs. 1 Lakh by the Bombay High Court for allotting a rehab tenement without holding a lottery in front of an assistant registrar of cooperative societies from the Slum Redevelopment Authority (SRA). The SRA’s Slum Rehabilitation Program in Kurla, Mumbai, is at the center …

The Bombay High Court Fines Slum Developer ₹1 Lakh For Allocating Rehab Housing Projects Without Permission And Avoiding The Lottery-based Allocation Process. Read More »

The Patna High Court’s division judge bench ruled that the son’s relationship with his father does not give him the right to live in a structure that is solely his property. According to the case’s factual matrix, respondent (the father of appellant No. 1) owned the rent house where appellant Nos. 1 and 2 were …

Based Only On Their Relationship, A Son Cannot Claim The Right To Reside In A Building That Is Solely Owned By His Father – Patna HC Read More »

The Himachal Pradesh High Court partially granted a petition filed by the petitioner to quash and set aside an order dated 20.8.2022, issued by the learned Principal Judge Family Court, Shimla, in which the respondent was granted ₹5,000/-per month in maintenance under Section 125(1) of the Cr.P.C. for interim maintenance. The respondent’s argument that he …

HC Clarifies That An Able-bodied Person Cannot Avoid Providing His Wife With Maintenance On The Grounds That He Lacks The Income To Do So Read More »

The Jharkhand High Court has ruled that the Registrar cannot cancel a registered deed unless a Civil Court declares that the deed is vitiated by fraud. The Bench of Justice Gautam Kumar Choudhary noted that “The executive power of the State Government under Article 162 is coextensive with the legislative power of the State legislature,” …

Registered Sale Deed Cannot Be Cancelled By The Registrar Without Declaration By A Civil Court That It Is Vitiated By Fraud: Jharkhand HC Read More »