Post covers Arrest Showcause Notice Penalty In Rera Executions. Can builder be arrested under RERA via showcause Notice or Section 63 Penalty is discussed in detailed. According to Section 63 of the Real Estate (Regulation and Development) Act, 2016, the promoter of a project is liable to pay a penalty of up to 5% of … Read more
Do you know under Legal Services Authorities Act 1987 no citizen can be denied justice for economic and other disability. So Free Legal Aid Service to the rescue of those who cannot afford fees. Article 39A of Constitution of India through 42nd Amendment imposes an obligation on the State to provide free Legal aid to … Read more
Recalling Order Punjab and Haryana High Court (PHHC) at Chandigarh if sufficient cause is established under its inherent powers. A recall is not a matter of course and the discretion given to the court has to be exercised judicially to prevent failure of justice.Let’s not confuse Recall with Review at all. In Review Petition (PHHC), … Read more
This case talks about ATS Estates Complaint in Consumer Court wherein refund was allowed to homebuyer. Assuring More Powers to Customers In this case, we will talk about how State Commission asserted more power to the customers and made customer believe that there is a watchman who is safeguarding their interest during unfair practice. The … Read more
This post is a summary of judgment wherein the claim raised by the petitioner in the present writ petition is that he retired on 30.04.2015, but his pensionary benefits were not released within a reasonable time after retirement and therefore, he is entitled to grant of interest on the delayed release of the pensionary benefits. The … Read more
Order 7 Rule 11 Judgment (Alpha Corp. Development Pvt. Ltd vs Alpha Residents Welfare on 15 February, 2017 ) Through this analysis, The author will try to understand the concept of rejection of plaint as seen in order 7 rule 11 of the Civil Procedure Code, 1908. This analysis will provide an in-depth assimilation of … Read more
This post covers Express Project Pvt. Ltd RERA Panchkula Complaint wherein the main contention was maintenance charges being levied arbitrarily extra. INTRODUCTION In 2016 , Real Estate (Regional and Development) Act was introduced by the government of India with the aim to regulate the real estate industry and bring transparency and accountability that would protect … Read more
This post discusses High Court Revision against Framing of Charges order is maintainable or not? As per Supreme Court rule the bar under 397 (2) doesn’t apply. Rajasthan High Court – Jodhpur Deepa Ram vs State[1] on 18 August, 2020 Bench: Manoj Kumar Garg What are the rules governing the stage of framing of charges … Read more
The applicant filed an application for the delay of condonation due to the technical error by the bank. Facts of the case revolves with the possession. After listening to the both sides of the court held that the contention of the opposite party is not applicable and the complainant is entitled to the refund policy. … Read more
Through this analysis, we will try to understand the civil relief that can be claimed by an employee in the case of wrongful termination of his/her employment by his/her employer. This analysis will provide an in-depth assimilation of the conditions which govern the grant of any such relief by the Hon’ble court. It will also … Read more
Court fee for Civil Suit whether to be paid? Introduction: In the present case of Smt. Gangesh Kumari Kak vs The State of Madhya Pradesh, we will discuss whether the ad valorem court fee will be paid or not by the non-executant of a sale deed if he is not bound by the deed. Court … Read more
This post deals with Permanent Alimony under Section 25, HMA 1955. More info on 99888-17966. Judgement Digest: Sukhbir Kaur v. Sukhdev Singh Case Briefing: Present is a petition filed by the petitioner/ appellant against decree dated 04.09.15 under Section 11 of Hindu Marriage Act, 1995 (‘Act’ for short) and submitted that the appellant is entitled … Read more
SUCCESSION CERTIFICATE ISSUED DURING PENDENCY OF CIVIL SUIT REGARDING SUCCESSION In this post we will discuss the grounds of issuance of Succession Certificate when the civil suit regarding the succession is pending. Judgement Digest: Sarvinder Singh vs Tarlochan Singh And Another, PHHC. The present revision petition has been filed under Section 388 (3) of the Indian Succession … Read more
Here in this post, we bring judgment digest from the most recent judgment of Allahabad High Court where the appeal was made for Dissolution of Marriage dismissed by Family Court and now petitioner has preferred FAO (First Appeal against Order) under Section 19 of the Family Courts Act seeking declaration that his marriage with respondent … Read more
False 498a cases are very common in the society and lot of steps has been taken by Hon’ble Apex court also to prevent its misuse. Quashing of false 498a is possible but first you need to know the reason for false 498a. These days false 498a cases gropes all the relatives father, mother sister who … Read more
This post covers Consumer Complaint against Hero Reality Pvt. Ltd. In state consumer commission wherein the forfeiture of amount is justified by court. Importance of the signed application This case study will focus on how the state commission gave importance to the obligation of the complainant which it is supposed to fulfil. The commission gave … Read more
This post covers Reliant Infrastructure Private Consumer Complaint when Interest follows when there is an order for refund. When a court orders a refund on the amount paid by a party, the party’s right to ask for interest follows. This is a settled law which was held by Honourable Supreme Court, and in this case … Read more
THIS POST COVERS PUNJAB RERA COMPLAINT AGAINST Opera infratech The present post will cover and give an overview of the case and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically revolves around claiming, transferring and releasing of the property as … Read more
This post covers Consumer Complaint Future City Developers Pvt. Ltd wherein complainant asked to clear dues. Tajinder Kumar Sharma & Anr. Vs. M/s. Future City Developers Pvt. Ltd. The present post will cover and give an overview of the case and it will give you a brief yet precise outline regarding all the major facts … Read more
What constitutes Retrenchment? This term is defined in Industrial Dispute Act which means termination by the employer for any reason whatsoever, other than a punishment given in disciplinary proceeding. Its wide meaning is given under Section 2(oo). It was not included in the original form, was inserted in 1953. In this case study, Delhi High … Read more
This case covers QUASHING THE APPEAL TDI INFRASTRUCTURE LTD. & 2 ORS v. ADITYA TOMAR against State Commission order. The present post will cover and give an overview of the case and it will give you a brief yet precise outline regarding all the major facts and issues involved in this particular case which basically … Read more
This post covers Marvel Homes Construction Consumer Complaint for deficiency of services. Dial 99888-17966 to know more. Sheenu vs M/S Marvel Homes Construction on 17 May, 2018 Date of Institution: 29.09.2017 Date of Reserve: 30.04.2018 Date of Decision: 17.05.2018 Also Read- Sheenu vs M/S Marvel Homes Construction … on 17 May, 2018 FACTS OF THE … Read more
This post covers RERA Punjab Complaint against of HERO REALITY PRIVATE LTD where refund was sought with interest & Litigation expenses. Case Title- KAPIL TADON Vs. HERO REALITY PRIVATE LTD Also Read- Open Forum about Hero Homes, Mohali – Commonfloor.com FACTS OF THE CASE: Kapil Tandon who is also referred to as the complainant has … Read more
This post is a summary of judgment wherein Petition herein is seeking issuance of a writ in the nature of mandamus directing the respondents to release dues and other admissible service benefits like family pension, gratuity, leave encashment, GPF and GIC, etc. of late Sh. Nirlep Singh. The Court held, “Without commenting on the merits of … Read more
This post is a summary of judgment wherein consumer complaint was preferred against United India Insurance Company Limited in State Consumer Disputes Redressal Commission Punjab, Chandigarh in respect of issue related to repudiation of claim made by the owner of the vehicle which is duly insured with the Company, solely on the ground the driver of … Read more
This post is a summary of judgment wherein the complainant has filed the complaint U/s 12 of the Consumer Protection Act, 1986 against the OPs on the averments that he entered into an agreement for allotment of the flat comprising of 1379 sq. ft but at the time of possession the possession of the super built … Read more
In this post we will discuss the grounds of Anticipatory Bail for Proclaimed Offender in case registered under Sections 307, 506, 328, 148, 149, 323 and 120-B. Judgement Digest: Ashok v State of Haryana Also Read- Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail SECTION 438 CR.P.C – DIRECTION FOR GRANT OF BAIL TO PERSON APPREHENDING … Read more
This post is about Section 107 & 151 CRPC Interlocutory Orders where revision petition is not maintainable before the court. Read more. Pawan Kumar & Anr. Vs State & Anr. This post is a summary of judgment wherein both the parties i.e. petitioners and respondent no. 2 are neighbors. As per the kalandra filed u/s … Read more
This post is consumer complaint against Bajwa Developers when Sale Deed is already Executed by the home buyer. Read more to know the case. BAJWA DEVELEOPERS LTD CASE INTRODUCTION Section 17 of the Consumer Protection Act, talks about the State Commission’s jurisdiction to entertain complaints where the value of the goods or services and compensation, … Read more
CONSUMER COMPLAINT AGAINST ALCHEMIST HOSPITAL IN lieu OF MEDICAL NEGLIGENCE Bringing you the case Digest on consumer complaint against Alchemist Hospital Panchkula through its Directors in State Consumer Dispute Redressal Commission Haryana, Panchkula. Whereby complaint filed by him alleging medical negligence and deficiency in service. Then Complainant sought compensation of Rs. 17.00 Lacs. Also Read- … Read more
Consumer Complaint against Alpha Corp Development ltd wherein it got dismissed on point of jurisdiction. Since the consumer forum is formed under The Consumer Act,1986, the commission has to follow the provisions and principles laid down by the said act. Like who comes under the term “Consumer”? This case is an example of how the … Read more
This post talks about QUASHING OF FIR FOR OFFENCES U/S 323, 324, 34 OF I.P.C. ON THE BASIS OF COMPROMISES BETWEEN PARTIES. In this post we will discuss the grounds of Quashing of FIR for offences under sections 323, 324 and 34 of IPC. Judgement Digest: Bajinder Singh @ Baj And Anr vs The State … Read more
In this case study, we will discuss what are the essential elements of the eviction of the tenant, mentioned in the East Punjab Urban Rent Restriction Act, 1949. When the landlord wants to evict the tenant, the first step will be to take direction from the Controller and the tenant has to satisfy various points to … Read more
This post covers STATE COMMISSION PUNJAB CONSUMER APPEAL against GULMOHAR VALLEY dismissed being devoid of merits. Citation- Recovery (Ashok Kumar vs Punjab Empires Pvt. Ltd.) This analysis will provide an in-depth assimilation of the extent of the power the state consumer dispute Redressal commissions enjoy in such cases. It will also highlight the importance of … Read more
In this post, we will cover Private Complaint or Criminal Complaint Procedure Chandigarh Panchkula Mohali in detail. In Indian law, there are two types of offenses, cognizable defined in Section 2(c) and no cognizable mentioned under 2(I) of The Code of The Criminal Procedure, where the former the police can arrest without warrant, in later … Read more
RCR stands for Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act, 1955. When either of husband or wife leaves matrimony without reasonable excuse, which then court will examine is made out or not. Through this analysis, the author will try to understand the concept of restitution of conjugal rights as under the … Read more
This post is Emerging Heights-III Consumer Case Judgment Digest wherein the court awarded refund to homebuyer for delay in possession. The complainant booked a flat in the opposite parties’ housing scheme and took a loan to pay the amount of the house. According to the LOI, the possession was supposed to be delivered after 36 … Read more
In this post, you will know HOW MONEY IS RECOVERED AS ARREARS OF LAND REVENUE BY DC/TEHSILDAR There is nothing on which the stability of government more depends than the way in which revenue is assessed and collected. The income of Indian government, whether native or foreign, has always been mainly derived from the share … Read more
Case pertains to transfer policy pursuant to the direction of the Supreme Court in the case of T.S.R. Subrmanian & Ors. v. UOI & Ors in Challenge. Transfer Challenged in MOD Chandigarh CAT Bench In this post we will be discussing about the 10 OA’s that have been filed before the Central Administrative Tribunal, Chandigarh … Read more
Limitation basically means a prescribed period under which a person should file his litigation. In India, The Limitation Act, 1963 is the act which governs the time period in which a litigation should be instituted and a legal remedy can be obtained. The Condonation of Delay, prescribed under Section 5, means the sufficient cause in … Read more
Posh act prescribes external member for every ICC (Internal Complaints Committee) internal complaints committee from private organization or individuals committed to the cause of POSH. The External Member ICC must be Neutral, Impartial & Expert Member on the topic to facilitate Posh. External Member ICC must be given requisite fee and allowance for his services. … Read more
Post covers Allotees & Re-Allottees definition by State Consumer Disputes Redressal Commission when it comes to deciding relief in delay in possession claims. Allotees & Re-Allottees Rights in Delay in Possession In this case study, we will look into how the State Consumer Disputes Redressal Commission enshrined the principal laid down by the Honourable Supreme … Read more
Post covers CONSUMER COMPLAINT AGAINST M/S ATS ESTATES PVT. LTD. seeking refund for delay in possession in Golf Meadows. CONSUMER COMPLAINT AGAINST M/S ATS ESTATES PVT. LTD Bringing you the case Digest on consumer complaint against M/s Ats Estate Pvt. Ltd. in State Consumer Dispute Redressal Commission Punjab, Chandigarh. Wherein consumer purchased a unit and … Read more
Getting NOC for Property Sale Purchase in Zirakpur MC has been made mandatory by the current government. Follow this blog to understand the requirements for getting a NOC. NO Objection Certificate- NOC in short is government undertaking that the said plot/land/unit is free from any sort of government dues and hence can be sold/transferred or … Read more
Legally No since a minor cannot enter into contract under provisions of Transfer of Property Act, 1882 but yes he/she can receive properties as a gift and later on attaining majority can claim enjoy his/her right over the property. As per Indian laws, minor is not a legal person, so any contract dealing with minor … Read more
This post covers RERA Appellate Tribunal Himachal Pradesh at Chandigarh where appeals from Real Estate Regulatory Authority (HPRERA) Shimla are being heard. The new website link of Himachal Pradesh RERA Authority is this one- https://hprera.nic.in/ The old one is just here for reference- http://www.hprera.in/WebSite/Home Therefore, under Section 43(4) of Real Estate (Regulation & Development) Act, … Read more
Chandigarh UT do have RERA Authority like RERA Punjab Authority and Haryana RERA Panchkula Authority but not that active since there is dearth of Real Estate Projects in Chandigarh. This can be made from the fact that the under the list of projects it shows figure zero. So certainly there is not much use of … Read more
Thinking of buying a property in Tricity, then talking to RERA Expert property advisor is a must. They can guide you well to understand the intricacies of a project when you are investing your hard earned money. Thinks to Consider- 1 Approvals- Valid License Number, upto date approvals from all authorities. Be it Municipal Body, … Read more
Post is about issue of Overtime in Indian Railways wherein OA preferred before CAT Chandigarh Bench & legal representation to be decided. Overtime Indian Railways Case Chandigarh CAT Bench Now let’s have the Judgment – Judgment digest Central Administrative Tribunal Chandigarh Bench Date of Decision – 5th March, 2021 Complainant: Joginder Lal, aged about 58 … Read more
Today I am here to share list of top/best judgement finder websites where you can find most popular court rulings for free. Fee legal Advice online at 99888-17966. Be it litigants, law students or lawyers/advocates, these are sheer resources. One may know a lot about the scope of their case may by just reading latest … Read more
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