Prashant Kanha

Prashant Kanha is an advocate practising law before the Hon'ble Supreme Court of India, High Courts, statutory forums, arbitral tribunals etc. He can be contacted on his WhatsApp number at +91 9559742224.

How to form an Association of Apartment Owners

by

The law i.e. the Uttar Pradesh Apartment (promotion of construction ownership and Maintenance) Act 2010 mandates that it shall be the joint responsibility of the builder/ promoter and the apartment owners to form the association, however, in practice the builders are most reluctant to form an association of apartment owners as same will take away the right to manage the common areas and facilities and money collected for that. Under such circumstances when the builder is not forming the association of apartment owners then the buyer can form the AOA on their own. The article has a youtube video presentation.

Sexual Harassment at Workplace Law in India: Prevention & Redressal

by

Sexual harassment at workplace is a grave issue which remained unaddressed for the longest time, continuously violating women’s right to equality, right to life and liberty guaranteed under the Constitution of India and hampering their social, political and economic emancipation. The need for a legislation on this issue was observed by the Supreme Court in … Read more

Quashing of Charge Sheet by High Court & Supreme Court

by

Section 482 of the Criminal Procedure Code saves the inherent powers of the High Court wherein it can pass any order to secure the ends of justice or to give effect to any order passed under the Criminal Procedure Code or to prevent the abuse of process of any court. These powers of the High Court can be invoked to quash any criminal proceeding against the accused. Whether a criminal proceeding/FIR or charge sheet are to be quashed- is determined by the court on the basis of the certain factors which are discussed in this email.

Trade Union is an operational creditor and can file insolvency application for payment of workmen dues.

by

The Hon’ble Supreme court made it clear that the trade union represents its members who are workers, to whom dues may be owed by the employer, which are certainly debts owed for services rendered by each individual workman, who are collectively represented by the trade union. As such, a joint petition could be filed under Rule 6 read with Form 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016, with authority from several workmen to one of them to file such petition on behalf of all.

Recomputation of the consignment value by authorities of imported goods: the burden of proof and enquiry.

by

when there is a dispute between the customs authorities and the importer as regards the valuation of the imported goods, on satisfaction of the conditions enumerated in sub-section (1), the authorities should make provisional assessment of customs duty under Section 18 of the Act. This expedites clearance, pending final adjudication on merits which may take time. This is also the mandate of the Board Circular No.38/2016 dated 22nd August, 2016. Any insistence and compulsion by the authorities that the importer should disclaim and forgo his statutory right under Section 18 of the Act would not be correct. Neither would it be right to reject the valuation as declared by the importer without reasonable doubt for certain reasons.

Can Second Co-Owner Vote & Contest in Elections of AOA?

by

A co-owner has right to cast vote and contest for the post in the board of management if remaining co-owner(s) have no objection, either expressly or impliedly. It is immaterial whether the name of the co-owners is mentioned at first, second or at any serial in the list of owners in the conveyance deed.

Restitutio in integrum: The principle for granting compensation.

by

restitutio in integrum.  The said principle of granting compensation. The Hon’ble Supreme while holding the surgeon negligent of operating a 15-year-old boy with only 35000 platelets fixed the vicarious liability upon the concerned hospital and awarded compensation to the family by relying upon precedents of the Hon’ble court pertaining to the calculation of compensation. The … Read more

The amount of interest is compensation to the beneficiary.

by

he Section 71 of the Real Estate (Regulation & Development) Act 2016 empowers only the adjudicating officers to award compensation. As per the rulings of the Hon’ble Supreme Court, interest and damages is also compensation. Hence, those complaints which are filed under section 31 of the RERA Act, 2016 demanding refund plus interest should only be adjudicated by the Adjudicating Officers and not by the Chairperson and members of the RERA. The refund plus interest orders passed by the RERA so far are without jurisdiction hence, null and void.

Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor

by

Insurance Company has an inherent right to appoint Surveyor to assess insurance claims but such right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor.

The second appeal shall be heard ONLY on the substantial question(s) of law framed by the High Court under Section 100 (4) of the CPC.

by

The High Court admitted the second appeal on six questions but did not answer any of them on merits and instead went into discussion on all other issues, which were not the subject matter of the six questions framed and allowed the second appeal as if it was deciding the first appeal.

India’s Electric Vehicle/ Mobility Policies & it’s Future: A Brief

by

The initiation of Electric vehicles in India was made by the Government in the year 2013 by the introduction of the National Electric Mobility Mission Plan (NEMMP) 2020. On February 28, 2019, FAME-II was cleared by the Union Cabinet with the total outlay of Rs. 10,000 (ten thousand) crores. The article discusses is a brief introduction on the policy concerning the electric vehicles in India.