Prashant Kanha 
CIVIL APPEAL NO. 6289 OF 2021: Vaibhavi Enterprise Versus Nobel Cera Coat & Ors. With CIVIL APPEAL NO.6290 OF 2021: Tanish Cherachem Private Limited Versus Nobel Cera Coat & Ors. Judgment date: 21.10.2021 Ratio: Having heard the learned counsel for the respective parties and considering the impugned order passed by the High Court, we are … Read more
CASE NO. & TITLE CIVIL APPEAL NO. 6292 OF 2021 (Arising out of SLP(C) No. 29856/2019): Valsan P. .…Appellant(s) Versus The State of Kerala and Ors. …. Respondent(s) The petitioner worked in the telecom department of the central government (CG) for 10 years (1974-84) but later joined 1st state government service for three years (1984-87) … Read more
Test for determining whether an establishment is Industrial or not within section 25L of Industrial Disputes Act, 1947 The hon’ble supreme court has reiterated that test for determining whether an establishment is Industrial or not within section 25L of Industrial Disputes Act, 1947 is what are the predominant functions and activities of the said Department. … Read more
Where are the Courts established and what are their territorial Jurisdictions? In Uttar Pradesh, as per GO dated 31.10.2017 and GO dated 02.11.2017 Commercial Courts have been notified/ established in 13 districts with territorial jurisdictions as hereinunder: S.N. Districts Territorial Jurisdiction over districts 1 Agra Agra, Mathura, Mainpuri, Firozabad 2 Aligarh Aligarh, Hathras Etah, Kasganj … Read more
Under the Real Estate (Regulation and Development) Act 2016 (“RERA Act 2016”) a complaint is filed under section 31 or 71 depending on the nature of the relief sought if there is a contravention of any of the provisions of the said Act. However, the powers of the Authority to adjudicate under section 31 is … Read more
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On 16.07.2021 In SPECIAL LEAVE PETITION (C) NO.2492 OF 2021 K.P. NATARAJAN & ANR. VERSUS MUTHALAMMAL & ORS. while dismissing the SLP the Hon’ble Court held that: 1.High Court can Exercise its wider powers under Article 227 while sitting in civil revision to prevent miscarriage of justice. Powers of the High Court under Article 227 are in addition to and wider than the powers under Section 115 of the Code. ● 2.Non-appointment of guardian of minor by civil court and then deciding matter ex-parte is against Order XXXII … Read more
In the Uttar Pradesh Real Estate Appellate Tribunal Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Aadi Best Consortium Pvt. Ltd. … Appellant; Versus Gita Devi … Respondent. Appeal No. 81/2020 Decided on June 7, 2021 1. The present appeal has been filed by M/s Aadi Best Consortium Pvt. Ltd., Ghaziabad (the “Appellant/Promoter”) under section 44 of the Real Estate (Regulation and Development) Act, 2016 (the “Act”) aggrieved … Read more
In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Samar Vijay Singh … Appellant; Versus Vice Chairman, Lucknow Development Authority … Respondent. Appeal No. 143 of 2019 Decided on June 9, 2021 1. This appeal has been preferred by Sri. Samar Vijay Singh (hereinafter referred to as ‘the appellant’) aggrieved against the order of the … Read more
In the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Tej Bahadur Singh, Member (Judicial) and Rajiv Misra, Member (Administrative)) Appeal No. (D) 480/2020 Lucknow Development Authority … Appellant; Versus Anupama Singh … Respondent. And Appeal No. (D) 481/2020 Lucknow Development Authority … Appellant; Versus Murli Manohar Verma … Respondent. Appeal No. (D) 480/2020 and Appeal No. (D) 481/2020 Decided on June 11, 2021, [Disposal … Read more
Judgement of the Uttar Pradesh Real Estate Appellate Tribunal† (Before D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Parsvnath Developers Limited … Appellant; Versus Pankaj Agarwal … Respondent. Appeal No. 503 of 2020 (Complaint No. 120186276) Decided on June 11, 2021 1. This appeal has been preferred by M/S Parsvnath Developers Limited (Promoter) under Section 44 of the Real Estate (Regulation and Development) Act, 2016 (‘the Act, 2016’) aggrieved against the … Read more
In the Uttar Pradesh Real Estate Appellate Tribunal† (Before Dr. D.K. Arora, Chairman and Rajiv Misra, Member (Administrative)) Complaint No. 120186000 G.S. Promoters Pvt. Ltd. … Appellant; Versus Mayank Jain and Another … Respondents. Appeal No. (D) 37 of 2021 Decided on February 9, 2021 1. This defective appeal has been filed on 12.01.2021 by M/s G.S. Promoters Pvt. Ltd. (hereinafter “the applicant/promoter”) … Read more