Legal Practice

In this section, blogs on law are consolidated.

Relief from Court where there is “inequality of bargaining power” between contracting parties.

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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

There should be an end of litigation. Delay Condonation Rejected.

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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

Return of Money order can be made only at the interest rate prescribed in the RERA Act and Rules at MCLR+1%

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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

Promoter’s Appeal can’t be heard till it deposits the full amount.

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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

RERA is applicable to all real estate projects, even if a completion certificate is issued to the project.

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The domain of the RERA authority extends even to the projects which have not been registered, and also not exempted from registration. No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, … Read more

Transfer of Matrimonial Cases from one State to another by Supreme Court of India

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What is a Transfer Petition? The Supreme Court of India is conferred with the responsibility to do complete justice. In the line of such duty, it has also got the jurisdiction to transfer a case pending either before a High Court or any other court (even at the investigation stage) in one state to a … Read more

Uttar Pradesh Police Regulations

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Download the full text of Uttar Pradesh Police Regulations in PDF format Download the full text of Uttar Pradesh Police Regulations in PDF format Para                                                                                                           Page No. CHAPTER I SUPERIOR OFFICERS DIRECTOR GENERAL OF POLICE 1.                  Powers and status of Inspector General-cum-Director                      General of Police                                                                             34            ADDITIONAL INSPECTOR-GENERAL/ZONAL INSPECTOR            … Read more

How and where to challenge the Election of Society / Board of Management / AOA?

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Introduction A Group of persons may form an association and give it a formal structure by registering it as a society under the Societies Registration Act, 1860.  Under different statutes associations are mandatorily to be formed and be registered as a society. Such association are often referred as statutory associations.  The affairs of such statutory … Read more

What is CBI and what to do if CBI files charge sheet?

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CENTRAL BUREAU OF INVESTIGATION: A BRIEF INTRODUCTION Central Bureau of Investigation is one of the most premier investigation agencies in the country and is the most trustworthy of all the agencies out there. Starting as an agency established under the Special Police Establishment (SPE) in 1941 by the then Govt. of India, it has come … Read more

How to execute Recovery Certificate issued by UP-RERA against a Builder?

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Introduction In a report published by the Times of India in its online edition dated 03.10.2020 revealed that according to an RTI (filed by Mr. Anand Mishra, Advocate) response, U.P. RERA till RTI reply dated 14.09.2020 disposed of 21200 complaints of a total of 28438 complaints filed in the entire state.  But it has not … Read more

Are Shops built in Group Housing in UP are part of common area

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Introduction 1.       Due to rising population clusters of large apartment buildings through Group Housing are developing in U.P.  To regulate the construction of such Group Housing and apartments therein, help of mainly three legislations are taken which is U.P. Apartment (Promotiion of Construction, Ownership & maintenance) Act, 2010, Urban Planning and Development Act, 1973 and … Read more

All about Election of Apartment Owners Association.

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This article is specific to laws in Uttar Pradesh and also has a video presentation | Download eManual on Apartment Introduction As per the information available on the Website of U.P. RERA there are around 2800 registered Group Housing projects.  Similarly, by an estimation, there would be around equal or more number of already existing … Read more