What is a Deed of Declaration under U.P. Apartment Act ?

This article is specific to law in Uttar Pradesh and has a video presentation | Download eManual on Apartment Introduction The declaration is defined in Section 3 (m) of U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 to mean declaration referred to in Section 12 of the said Act. The contents of declaration … Read more

Handover Process of Common Areas and Facilities from Promoter to AOA

This article is specific to the law in Uttar Pradesh. The article has a video presentation. | Download eManual on Apartment Introduction The U.P. Government enacted U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, (“2010 Act)”Statement of Objects and Reasons whereof are:            “Housing is a basic human necessity and the quality of … Read more

Legal steps for recovering IFMS & Sinking Fund from a builder by AOA.

This article discusses the legal position specific to Uttar Pradesh. The article is also published as Legal Opinion: How to recover IFMS from builder? – NOFAA on website of NOFAA Watch the video on this topic or read the article below. | Download eManual on Apartment Introduction It has become a very common problem that … Read more

What an accused can do when a court issues Summons / BW/ NBW?

Introduction A victim of crime can set the Criminal Justice System into motion either by registering a First Information Report before the jurisdictional Police Station or by filing a complaint case before a Judicial Magistrate. In case an FIR has been registered then the police or the investigating agency files a report to the Magistrate … Read more

Uttar Pradesh Real Estate Appellate Tribunal Regulations, 2019

UTTAR PRADESH REAL ESTATE APPELLATE TRIBUNAL REGULATIONS 2019 Download PDF or .docx file WHEREAS it is expedient to frame regulations, the Uttar Pradesh Real State Appellate Tribunal in exercise of the powers conferred by Sub-section 2 of Section 53 of the Real Estate (Regulations and Development) Act, 2016, read with Sub-rule (3) of Rule 25 … Read more

All about Anticipatory Bail

What is anticipatory bail? To understand Anticipatory Bail, we may first try to understand the concept of Bail in general. A Bail is a legal guarantee by a person, who is accused of committing any offence which is punishable by imprisonment, for participating in the investigation and facing the trial before the court by making … Read more

Can Civil and Criminal proceedings be conducted simultaneously in the same matter?

The answer to this question is in the affirmative. With the growing use of technology, there is an escalating operation of online websites, documents and digital signatures. Even all the banking transactions can take place comfortably in your hand through mobile phone or laptops. This has caused a sweeping increase in fraud and forgery cases … Read more

The Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020

The Full Copy of the Ordinance Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 can be downloaded by clicking here The President of India on 28th October, 2020 promulgated an ordinance called Commission for Air Quality Management in National Capital Region and Adjoining Areas Ordinance, 2020 whereby the Government … Read more

Precautions to be followed in IT Outsourcing Agreements.

With the changing economic climate, businesses are outsourcing their non-core functions with a view to increase their efficiencies and cut down costs. Such outsourcing arrangements are very common in the information technology (IT) sector, where companies are outsourcing back-end processes, data processing, systems development and maintenance, etc. to an outside vendor. The terms and conditions … Read more

Rights of Tenants in elections of Apartment Owners Associations?

The above question is asked many a time during elections of apartment owners associations in group housing societies in Noida and Ghaziabad. As per the Model Bye-laws under the U.P. Apartment Act, only apartment owners can be members of the association of apartment owners. Download UP Apartment laws eManual Who is an apartment owner? As … Read more

When and how to initiate contempt proceedings before High Court?

Before answering above question, I would first go through the law of Contempt of courts. Contempt of Court refers to showing disrespect to the dignity or authority of the court. Civil Contempt According to Section 2 (a) of the Contempt of Courts Act 1971, contempt of courts civil contempt or criminal contempt. Section 2(b) defines … Read more

What are the salient features of the Consumer Protection Act 2019

SALIENT FEATURES OF CONSUMER PROTECTION ACT, 2019 The Consumer Protection Act, 2019 received the accent of the President on 9th August, 2019, and subsequently got notified on 20.07.2020. The old Act namely Consumer Protection Act, 1986 will be replaced by new Act namely Consumer Protection Act,2019.   The main features of The Consumer Protection Act, … Read more