Builder not liable for compensation if delay is by Government Department. In this post we will discuss about the case of Ultratech developers wherein the buyer was granted interest for the period of delay but no compensation was awarded because the respondent was not responsible for delay. Rajat Chawla v. M/s Ultratech Township Developers Pvt. … Read more
In this post we will discuss about a petition that was filed by the Allahabad Bank by way of seeking a Writ of Mandamus, guiding loan defaulters to implement the order passed by the District Magistrate of Kurukshetra demanding repayment of loan by taking over the possession of the properties mortgaged physically. Allahabad Bank v. … Read more
This post is for law students and graduates who want to know how writ petitions are being drafted for High Court Chandigarh. Punjab and Haryana High Court entertains writ petition under Article 226/227 of the constitution of India. Also Read- Legal Drafting Basics for Law Students Fresher Junior Lawyers Legal Interns Let’s Read them first: … Read more
This report looks into a judgment of Punjab and Haryana High Court in the matter of a statutory provision contained in the Real Estate (Regulation and Development) Act 2016. The appellant wished that the deposit as stipulated by the provision should be waived off in light of the unique circumstances of his case. However, appeals … Read more
In this post we will discuss about the quasi-retroactive application of the RERA ACT, 2016 and whether it is applicable when the transactions are still in the process even though the sale agreements had been executed before the Act came into force. Judgment Digest: Anjana Goyal and Another vs Sushma Buildtech Ltd. This recent judgment … Read more
A petition was filed under rule 7 of the Insolvency and Bankruptcy Code for initiating corporate Insolvency resolution process. Petitioner was involved in manufacturing of pulp, paper, duplex board etc.The corporate applicant was declared Non- Performing Asset (NPA) after the sanctioning of loan on 31.3.2011. State Bank of India had issued a notice on 28.5.2011 … Read more
Whether or not the agreement to sell should be registered or not answers this post. Though the RERA Act mentions the registration of agreement to sell but still there is void in Registration & Stamp Act which doesn’t spell out agreement to sell should be registered or not? So unless the central act is amended … Read more
In this post we will discuss about dismissal of writ petitions in consumer cases when an alternative remedy is provided by the law before Punjab Haryana High Court Chandigarh Article 32 and Article 226 of the Constitution provide two separate but parallel provisions of writ jurisdiction with the Supreme Court and High Courts respectively. The … Read more
Failure to Handover Possession and Deficiency in Service Case against Suncity Buildcom, Haryana RERA. Summary/ intro: The grievance of the complainant is that the respondent charged a huge amount of illegal money, and did not replied to the rectification sought by him. The respondent then transferred the entire project to Suncity Pvt. Ltd. without informing … Read more
This post is a case digest on writ petition against the orders of DRT in Punjab and Haryana High Court wherein petitioners have challenged the order dated 22.06.2018 passed by the Debt Recovery Tribunal-III, Chandigarh by which the Securitization Application filed by the petitioners was dismissed as not maintainable on the ground that the petitioners … Read more
In an appeal filed before DRAT, appellants were required to first deposit a pre-deposit amount of 50% of the amount in question. Appellants challenged the same requirement before the High Court were appellants pleaded that the amount in question is a very huge amount and almost 70% of which is already be recovered by an … Read more
In this case, we will cover and give an overview of the case Corporate Bank Vs Firestar International Limited 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 and repayment of dues. The judgement is based on … Read more
When borrowers cannot pay promised interest or principal on time, creditors can initiate steps to recover debt. Bankruptcy laws determine the process by which recovery proceeds. This note describes and discusses some features of the recovery process in India, focusing on debt recovery tribunals (DRTs) and debt recovery appellate tribunals (DRATs). We touch upon the … Read more
Today, in this piece, we will practically and legally examine the validity of scrapping off a company’s name from the Register of Companies by the Registrar of Companies (ROC). We look at this scenario in light of the judgement passed by the National Company Appellate Tribunal (NCLAT) in the case of Tweak the Future Innovations … Read more
This is a case digest of judgment filed under Section 9 NCLT Petition under Insolvency & Banking Code wherein the Interim Resolution Professional were appointed and unable to pay its debts and therefore the CIRP procedure may be initiated against the Respondent / Corporate Debtor by the Petitioner. The Adjudicating Authority hereby declares moratorium for … Read more
This is a case digest on Chandigarh High Court FIR Quashing in case of a PO (Proclaimed Offender) wherein compromise was arrived between the parties. Moreover the offences listed were not of heinous nature. Thus Punjab Haryana High Court exercised its discretion under Section 482 of CRPC to quash the FIR in the interest of … Read more
INTRO: Seniority list of chief engineers working in the irrigation and water resources department Haryana has come under the scanner of Punjab and Haryana high court, which has issued notice to the state government asking as to why stay should not be granted. The Haryana government as well as the three other officers, including Birender … Read more
This post is a judgment digest selection process of Physical Training Instructor before Supreme Court wherein the orders of High Court Chandigarh single judge bench and division bench were in consideration before the hon’ble court. The Hon’ble Supreme Court cited the difference between ‘Malice in Fact’ & ‘Malice in Law’ through this judgment. The Punjab … Read more
This post covers RERA Punjab Complaint against ATS Estate Private Ltd before Adjudicating Officer wherein the refund of entire amount was allowed along with interest & further compensation for delay in possession on account of mental agony, pain and harassment. RERA Punjab Authorities are strict for builder for defying possessions timeline where customer suffers for … Read more
Post covers topic of SENIOR CITIZEN MAINTENANCE CHANDIGARH PANCHKULA MOHALI in detail wherein legal remedies cab be availed for elderly care. You can also call Elder Line 14567– is a National Helpline for Senior Citizens (NHSC) set up by the Ministry of Social Justice and Empowerment Govt. of India. SENIOR CITIZEN MAINTENANCE ACT, 2007 Maintenance … Read more
This post is a case digest of a judgment by Madras High Court on the issue of Dual Pension by kin of individuals in Army who served the state government later and what is the general rule/law on the said topic; whether they can claim both or not as per settled law? Rest, AFT Chandigarh/Chandimandir … Read more
Post covers CONDONATION OF DELAY PETITION IN DRT CHANDIGARH. However, the court’s decision to condone a delay is discretionary and can be based on a number of factors, including negligence or failure to exercise due diligence. A Debt Recovery Tribunal (DRT) has the power to condone a delay in filing a petition by invoking Section … Read more
This post is a judgment digest of Haryana RERA Panchkula Complaint Ultratech Township Developers Pvt Ltd which was dismissed by Adjudcating Officer (AO) Panchkula since the matters stands finalized by RERA Authority and no appeal was preferred. Thus the court decided the same matter cannot be reopened again by applicant at this point of time. … Read more
Post covers Whether DRT or High Court Chandigarh for Payment Default (NPA) when declared by bank and later Sarfaesi Notice and physical possession of the property is taken. With the ever growing economy of our country, borrowings from banks and financial institutions have also been increasing and have more and more complicated , with the … Read more
This post answers Can Banks attach Agricultural Land DRT Chandigarh Bench but the burden is upon the borrower to prove that the secured properties are agricultural lands and actually being used as agricultural lands and/or agricultural activities. A security interest is a type of lien or enforceable claim created on collateral, usually to obtain a … Read more
Anticipatory Regular Interim Bail, Compromise FIR 482 Quashing, Quashing of PO Order, Criminal Appeals Revision, Appeal, Suspension of Sentence, Directions, Review, Private Complaint, Direct FIR Registration under Section 156 (3) CrPC, Complaint to SSP, legal Notice, Transfer of a case from one court to another, Furlough & Parole, Cheque Bounce 138 Negotiable Instrument Act matter, … Read more
RERA Punjab Haryana State Consumer Commission Chandigarh Panchkula Mohali Expert Law Firm in Handling Property/RERA matters at RERA Punjab and Haryana RERA Panchkula Authority for delay in possession seeking refund of the amount or withdrawal from the project with interest and compensation for not handing possession in time and mental harassment agony pain. Approach State … Read more
Post covers Divorce Appeal in Punjab Haryana High Court Chandigarh against the order of Family Court of your district, whether the petition allowed or dismissed, is maintainable as FAO (First Appeal against Order). Appeals arising out of Family Courts of Districts Of all States in Punjab Haryana lies to High Court Chandigarh as FAQ akin … Read more
Post cover Writs in Punjab Haryana High Court Chandigarh. High Court in Chandigarh has the power to issue writs in cases where fundamental rights are violated or legal rights are jeopardized. INTRODUCTION The Constitution of India had adopted the concept of writ jurisdiction from British Jurisprudence. In which powers to issue writs are available to … Read more
This post is a judgment digest of NCLT Chandigarh Insolvency case against SRS Ltd filed by SBI wherein application under Sec 7 of IBC Code, 2016 was admitted and IRP (Interim Resolution Professional Appointed). Similarly through this post one can grasp Insolvency Case Procedure Steps in NCLT Chandigarh Bench. Now its better you read the … Read more
Post covers Arbitration Award Challenge in Chandigarh Panchkula Mohali by Lawyer Advocate under Section 34 of the 1996 Act. CHALLENGE OF ARBITRAL AWARD IN INDIA Arbitration is one of the upcoming dispute resolution remedies which are getting popular among people for seeking justice in simpler and faster ways. Arbitration is legitimate remedy available in India … Read more
Post covers PROCEDURE FOR INSOLVENCY IN CHANDIGARH NCLT BENCH wherein the creditor recovers money from the defaulter under IBC, 2016. Insolvency is the state at which an individual or a corporate entity is unable to repay its debts or financial obligations from their assets. It usually arises from poor cash management, a reduction in cash … Read more
RESTORATION OF NAME STRUCK OFF COMPANY is done by NCLT Lawyers Chandigarh under Companies Act. A company can be struck off by the NCLT for various reasons enumerated under section 248 and section 164 of the Companies act, 2013. Such a case where a company has been struck off by the NCLT, there exists a … Read more
RTI lawyer Chandigarh Panchkula Mohali guides you how to file RTI applications online. RTI Law in India “Knowledge will forever govern ignorance; and the people who mean to be their own governors must arm themselves with the power which knowledge gives.” -James Madison[1] Also Read- Information to Be Asked Under Rti? History Sweden is the … Read more
Mediation Arbitration Lawyer here tells you the process procedure being followed in Chandigarh Panchkula Mohali for the cases at District Courts, High Court and Tribunals. Mediation is an age previous method of dispute resolution practiced since vedic period. It’s a low cost, keeping the matters, particularly family matters secret among 3 parties, 2 parties and … Read more
District courts of Chandigarh are situated at Sector 43 just opposite to ISBT Chandigarh. The website of Chandigarh Administration can be accessed for all administrative work here. Chandigarh was designed by Architect Le Corbusier as dream city of first Prime Minister Sh. Jawahar Lal Nehru. The territorial jurisdiction of Chandigarh covers following Police Stations: PS-Manimajra, … Read more
Post covers quick facts RERA about Haryana Panchkula Authority and Punjab Authority at Chandigarh. Here in this post, we will cover quick facts about Haryana RERA Panchkula Authority and Punjab RERA Authority at Chandigarh. Both these authorities are working stead fast to solve the problems of homebuyers in the region be it delay in possession, … Read more
The criminal law in India has been codified in the Penal Code and in the criminal procedure code; the former code specifically deals with offences and states that what matters will afford an excuse or a defence to charge for an offence. CrPC on the other hand provides the machinery for the detection of a … Read more
Arbitration and Conciliation Act of 1996 governs the Arbitration in India which a popular alternate for dispute resolution. Arbitration Law has gained immense popularity in recent times. Abstract: With the advancement of society, discords were bound to arise and ingenious human minds have always looked out for the ways for settlement of disputes. Introduction: The … Read more
Post covers Military Pension as Per Length of Service on basis of minimum qualifying service to earn pension is 20 years in case of Commissioned Officer and 15 years in the case Personnel Below Officer Rank. In his last judgement by Justice Virender Singh has held that pension payable to pensioners be calculated on the basis … Read more
Legal Drafting Course gives law students in Chandigarh practical training about Court Drafting in every court of Tricity. Be it District Courts, High Courts, Consumer/RERA and Tribunals. Idea is to Draft while you learn in this course. Unlike many online legal drafting courses, where non-lawyers preach to be expert in this field. Don’t you think … Read more
Post covers DRT Chandigarh Procedure where banking lawyers elaborate how to file OA/SA petition before DRT 1, DRT 2, DRT 3 Chandigarh. Debt Recovery Tribunal Chandigarh was made with the purpose of recovering debt from NPA’s declared under RBI Guidelines. As per obligation dated 06.09.2018, the recurring jurisdiction of DRTs has been increased from Rs. … Read more
We all know, especially Haryana RERA Panchkula & Gurugram lawyers/advocates in Chandigarh, Panchkula, Mohali that the decision of Haryana Real Estate Appellate Authority (HREAT) at Chandigarh can be challenged before Punjab and Haryana High Court within 60 days of order as per section 58 of the RERA Act, 2016. Also Read- REFUND REFUSED BY HARYANA … Read more
MACT simply means motor accident claims tribunal. Mact deals with matters related to compensation of motor accidents victims or their next of kin. The tribunal deal with claims relating to loss, life , property and injury cases resulting from motor accidents. Mact courts are presided over by judicial officers from the state higher judicial service. … Read more
Yes, you heard it right. Unregistered projects are very well covered in RERA Punjab as well apart from Haryana RERA Panchkula Authority. In appeal no. 49 of 2018 titled as M/S Silver City Construction Ltd. vs. State of Punjab & Ors., RERA Appellate Tribunal has held Bikramjit Singh & Ors. vs. State of Punjab & Ors. (Complaint no. … Read more
Before buying any property, home-buyers need to understand how much are they paying for what amount of land along with other services as promised at the time of purchase. With the incoming of RERA, now builders have to define the carpet Area and quote prices based solely on that and not super Area. RERA makes … Read more
This is shocking but true! The Haryana Real Estate Regulatory Authority (RERA) Gurugram & Panchkula does not have the jurisdiction to decide complaints of refund or interest as per the latest judgment of Haryana Real Estate Appellate Tribunal situated at Chandigarh Sector 17. The order of Haryana Appellate Real Estate Regulatory Authority at Chandigarh is … Read more
This one question has given headaches to not only homebuyers/consumers but even RERA Punjab and RERA Panchkula/Gurugram Lawyers in general who find it extremely difficult to understand the true intent of legislature behind the act. And I am one of that RERA Haryana and RERA Punjab advocate. My answer to this utter simple question is … Read more
Punjab and Haryana High Court is situated in Sector 1 Chandigarh and is one of the most visited places of the city for tourists. It’s a dream for every young lawyer like me (though my hairs are turning grey) to practice at High Court Chandigarh, such is the reputation of this prestigious institution managing justice … Read more
Suspension from government job is different from getting fired from a private job. Suspension can be defined as temporary withdrawal of duties from a government servant, pending inquiry into his conduct, with simultaneous reduction in pay and withdrawal of some rights and privileges. The related rules are laid down in The Central Civil Services (Classification, … Read more
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