In a significant ruling, the Supreme Court granted relief to homebuyers by raising the interest rate from 9% to 18% for the delayed handover of plot possession. The court observed that a builder who imposes 18% interest on buyers for late payments cannot avoid the same responsibility when failing to deliver possession on time to …
The Supreme Court has determined that a request for the cancellation of bail can be made to the High Court by invoking its powers under Section 439(2) in conjunction with Section 482 of the Code of Criminal Procedure, even if the Sessions Court has previously denied a cancellation request under Section 439(2). The Court rejected …
On Friday, the Bombay High Court stated orally that it cannot dismiss an FIR filed against a 19-year-old female engineering student for sharing an objectionable post titled ‘Operation Sindoor’ on social media, merely because she has expressed remorse, is an exemplary student, or has excelled in her examinations with “flying colours.” A division bench comprising …
The Supreme Court established an exception to the ‘speaking order’ rule, asserting that while the validity of an administrative order is typically assessed solely based on the reasons provided within it, the Court may, under specific circumstances, consider existing but unarticulated grounds that are apparent from the record. A panel of Justices Dipankar Datta and …
Reasons Not Stated In An Order Can Be Considered In Limited Circumstances: Supreme Court Read More »
To protect the interests of homebuyers, the Supreme Court has mandated that all residential real estate transactions for new housing projects must be registered with local revenue authorities once the buyer/allottee has paid a minimum of 20% of the property’s cost. Additionally, the Court specified that contracts which significantly diverge from the Model RERA Agreement …
The Supreme Court on September 1 reaffirmed that the title to immovable property cannot be transferred without a registered sale deed. The bench, consisting of Justices Aravind Kumar and Sandeep Mehta, set aside a decision made by the Delhi High Court. The High Court had upheld a trial court’s order that granted possession, a mandatory …
Friday, the Delhi High Court reduced the maintenance previously awarded to a man’s estranged wife and child. The court took into account his financial obligations, including the repayment of a home loan and his responsibilities toward his parents. Justice Neena Bansal Krishna stated that “the maintenance amount must be determined in a balanced manner—one that …
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 …
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. …
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 …
