In this section, blogs on law are consolidated.
WRIT OF MANDAMUS: WHEN TO APPROACH HIGH COURTS The Constitution of India under Articles 32 and 226 gives power to the Supreme Court and High Courts respectively to issue writs in cases of breach of Fundamental Rights of any citizen by the State. Such writs prevent arbitrariness and unchecked use of power. According to the … Read more
S. NO COURT CASE NAME & CITATION RATIO 1. Supreme Court of India SFIO v. Rahul Modi CRIMINAL APPEAL NOS. 538-539 .OF 2019 (@ SLP(Crl)Nos.94-95 OF 2019) Order dated 27.03.2019 Facts: Criminal Appeals challenging common interim order dated 20.12.2018 passed by the Delhi High Court in W.P.(Crl.) Nos.3842 and 3843 of 2018. In … Read more
Here are some questions which are frequently asked regarding the law of bail and its practice in Allahabad High Court. When is an anticipatory bail application filed before Hon’ble Allahabad High Court? As per the procedural law contained in the Cr. P.C., in a cognizable, non-bailable offence, where police are trying to make an arrest, … Read more
Download UP Apartment laws eManual When it comes to the U.P. Apartment (Promotion of Construction, Ownership and Maintenance) Act 2010 (“the Act”) then the case titled M/s Designarch Infrastructure Pvt. Ltd. & Anr. v. Vice-Chairman, Ghaziabad Development Authority & Ors. is the landmark authority so far. Below is the summary conclusion of the judgment. It … Read more
FAQ’s on The Insolvency and Bankruptcy Code, 2016 (IBC): Q.1. What is the objective of IBC, 2016? Ans. As provided under the preamble of the Code, the objective of the Code are as under: To consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner … Read more
In a recent judgement passed by Maharashtra RERA Appellate tribunal[1] against the real estate builder confirmed that the arbitrary and one-sided interpretations make the contractual transaction unfair and unreasonable. According to the tribunal, forfeiture of the booking amount is improper and against the provisions of RERA Act, 2016 and for this reason, the builder was … Read more
LAW OF DISCLAIMER What is a disclaimer? Disclaimer refers to a statement, assertion or a document that disclaims or denies responsibility, affiliation, towards a legal claim. In simple words, disclaimer can be said to be a statement that one is not responsible for something. It protects one from the claims of liability. Disclaimers basically help … Read more
Insolvency & Bankruptcy Code, 2016- Landmark Judgments of 2019 Swiss Ribbons Pvt. Ltd & Anr. V. Union of India & Ors. (W.P. No.99 of 2018) Decided on 25.01.2019 The Supreme Court of India in this case has upheld the constitutionality of the Insolvency and Bankruptcy Code, 2016 (“IBC”). This judgment has brought the focus back … Read more
Judicial Review is the power of the judiciary to interpret the constitution and its values and to maintain a check on the legislature and executive if they act in abrogation of the rights of people, guaranteed under the constitution. The judiciary has the power to declare such law or order void if it contravenes the … Read more
Arbitration Act, 1996- Landmark cases of 2019- 2020 Hindustan Construction Company Limited & Anr. Vs. Union of India & Ors.( Writ Petition (Civil) No. 1074 of 2019) Decided on 27.11.2019 A three member bench of the Hon’ble Supreme Court comprising of Hon’ble Mr. Justice R.F. Nariman, Hon’ble Mr. Justice Surya Kant and Hon’ble Mr. Justice … Read more
Procedure to Register a Trademark Trademark is the symbol to represent the company or brand through Name, Word, Numbers, Images or Sound etc. It is a recognizable insignia to differentiate it legally from all other products of its kind. A trademark, however, must not be confusing with any existing trademark specially if the products or … Read more
Best Legal Practice to Execute RERA Order in Uttar Pradesh This article contains video explanation. Watch video How to execute UPRERA Order? Under the Real Estate (Regulation & Development) Act 2016 (“the RERA Act) it is provided that if the Promoter is unable to deliver the Flat or Plot to the Allottee as per the … Read more