RERA Archives

Delhi High Court quashes FIR lodged with Economic Offences Wing Delhi in view of deposition made by complainant regarding settlement

Delhi High Court: In a petition filed by Jaideep Singh (’Petitioner’) for quashing of FIR registered by Shaildendra Singh (‘Respondent

Case Briefs High Courts

Madras High Court exercises parens patriae jurisdiction to deal with the issue of senior citizen welfare and old age homes; Guidelines issued

Madras High Court: A Division Bench of R Mahadevan and J Sathya Narayan Prasad, JJ. upheld the constitutional validity of Government Order

Legal RoundUp Tribunals/Regulatory Bodies/Commissions Monthly Roundup

18 Reports to Read: Dental Negligence, Shareholders right to remove Directors, Logix & Supertech insolvent and more|Tribunals and Commissions Roundup of March 2022

18 Reports to Read Competition Commission of India (CCI) Star India providing bouquet of channels at lesser prices resulting significant loss in

Case Briefs High Courts

Cal HC │ Whether the orders passed under a repealed Act be executed? Court discusses

Calcutta High Court: Rajasekhar Mantha, J. disposed of a petition observing that the Supreme Court is the only authority to clarify whether

Op Eds OP. ED.

What is the Impact of the FPCE Judgment on MOFA

by Dormaan Jamshid Dalal*

Case Briefs Tribunals/Commissions/Regulatory Bodies

MahaRERA unriddles ‘carpet area’ under MOFA & RERA | Apartment booked under Maharashtra Ownership of Flats Act, Can complainants claim refund for variation in area of apartment as sale agreement was executed as per RERA Act?

Maharashtra Real Estate Regulatory Authority, Mumbai (MahaRERA): While focusing on the definition of carpet area in Pre-RERA and Post-RERA, Coram of Ajoy

Case Briefs Tribunals/Commissions/Regulatory Bodies

Is S. 13 of RERA Act a mandatory requirement? Can promoter demand cost of plot more than 10% before registering sale agreement? | Raj RERA decides

Rajasthan Real Estate Regulatory Authority, Jaipur: Coram of Nihal Chand Goel (Chairman) and Shailendra Agarwal, Salvinder Singh Sohata (Members) decides the matter

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can promoter/builder sell covered car parking by charging certain amount? Whether open parking has to be handed to society or can be sold in open market? MahaRERA decides

Maharashtra Real Estate Regulatory Authority, Mumbai: Coram of Dr Vijay Satbir Singh (Member I), while laying out certain significant observations with respect

Op Eds OP. ED.

Deconstructing the threshold requirements for homebuyers under IBC

by Mitali Ingawale† & Sumit Kulkarni††

Case Briefs Supreme Court

One-Sided and Unreasonable Clauses in Apartment Buyer’s Agreement & Unfair Trade Practice: Read SC’s verdict

Supreme Court: The 3-Judge Bench of Dr Dhananjaya Y Chandrachud, Indu Malhotra and Indira Banerjee, JJ., observed that “Developer cannot compel the

Case Briefs High Courts

Bom HC | Can real estate developers rely on ‘force majeure’ clause to deny possession to homebuyers? Court explains

Bombay High Court: S.C. Gupte, J., held that a real estate developer cannot rely on usual ‘force majeure’ clause to deny possession to

Case Briefs Supreme Court Roundups

Supreme Court Monthly Roundup – November 2020

TOP STORIES Maintenance of wife|Husband doesn’t have to pay maintenance in each of the proceedings under different Maintenance laws [Explainer on Supreme

Case Briefs Supreme Court

Are you a homebuyer planning to take builder to Court? SC says you can choose between seeking remedy under the RERA Act or the Consumer Protection Act

The RERA Act does not bar the initiation of proceedings by allottees against the builders under the Consumer Protection Act, 1986.

Case Briefs High Courts

Bom HC | Maharashtra Real Estate Regulatory Authority order providing extension of 6-months for completion of registered projects due to COVID-19 — Challenge rejected

Bombay High Court: A Division Bench of Dipankar Datta, CJ and M.S. Karnik, J., disposed of a matter wherein the orders of Maharashtra

Case Briefs High Courts

Petition challenging validity of MahaRERA Order defining ‘co-promoter’ disposed off after MahaRERA withdraws impugned Order

Bombay High Court: While deciding the petition which challenged the validity of the Order passed by the Maharashtra Real Estate Regulatory Authority