Toxic Contracts And Refund Denial Continue Despite RERA

The Real Estate (Regulation and Development) Act, 2016 (''the Act'') came into effect four years ago with noble promises and aspirations. The Act seeks to protect consumer interest and establishes an adjudicating mechanism for speedy resolution of buyer-builder disputes. At the time of coming into effect, the Act was hailed as a groundbreaking legislation that would elevate the bargaining status of homebuyers to a level where they could stand their ground against rich and powerful...

Parsing The Physician's Prescription Under The Competition Law Lens

There are 1.25 Million doctors in India. The numbers prima facie indicate that the medical industry has perfect market conditions where demand and supply checks can shield against market failures. But in actuality, there is a stark difference between the bargaining power of the service provider and the consumer. Since the deliverables in this industries can be as invaluable as life itself, the demand is quality sensitive, instead of being price sensitive. The vulnerability of the...

Interpretation Of RERA By Courts

Real estate sector is one of the core sectors in the economy in terms of its contribution to GDP, employment of labor force and the multiplier effects it has on other vitals of the economy. However, despite its fundamental importance to the economy, this sector has been plagued by delays, fraud, cheating, and imbalance of power between developers and consumers. The Real Estate (Regulation & Development) Act, 2016 (hereinafter referred to as the 'RERA Act') was enacted with much...

Insolvency Law in Review – May 2021

The enactment of the Insolvency and Bankruptcy Code 2016 (Code) has had significant ramifications on the corporate insolvency landscape. Over time, the Code has witnessed a manifold increase in litigation, and consequently in the number of decisions. This has made it difficult for insolvency practitioners to stay updated with developments in the field. This column fills this gap by providing brief summaries of latest decisions from the various fora dealing with Insolvency Law. These...

Saving The Lives Of Accident Victims In The Golden Hour

India is an unfortunate victim of a large number of road crash fatalities. As per reports, road crashes claim more than 2,00,000 lives in India out of which nearly 50% victims succumb to the injuries because they don't receive immediate medical attention within the Golden hour. We repeatedly come across instances of road mishaps where victims sustain injuries and at times, the victim succumbs to injuries. There are many instances where the driver of the vehicle responsible for the incident...

Shocking Apathy: Compensation For Electrical Accidents In India

Everyday thirty Indians are killed due to electrocution. The legislature, executive, regulators and electricity supply companies have often looked the other way when it comes to devising preventive measures and formulating an adequate, clear and consistent victim compensation mechanism. Electricity Act, 2003, the complete code on electricity, substantially distanced the executive from tariff fixation, regulation and some dispute resolution functions entrusted to the quasi-judicial bodies...

50 Interesting Facts In And Around Kesavananda Bharti Case

His Holiness Kesavananda Bharti Sripadagalvaru & Ors Vs. State of Kerala & Ors[1], is an event in the history of the Supreme Court which is stranger than fiction. The judgement is known as the decision that saved India's constitution and prevented India from degenerating into a totalitarian regime or a one-party Government. The majority Judgement by 7 judges of the 13 Judge bench overruled the 11 judge bench decision in the matter of L C Golaknath Vs. State of Punjab[2], upheld...

Parliamentary Speeches And Interpretation Of The Constitution: The Maratha Reservations Judgment

A Constitution Bench of the Supreme Court recently interpreted the Constitutional amendments introduced by the Constitution (102nd Amendment) Act in the Maratha reservations case. The majority as well as the dissenting judgments referred to Parliamentary debates and ministerial statements made on the floor of Parliament during the passage of the Constitutional Amendment Bill. The majority held that the parliamentary debates were not conclusive on the changes brought about by the...

Lack Of comfort In Letters Of Comfort

In banking terminology, a letter of comfort is an assurance given by the parent company for its subsidiary or affiliate company with respect to some financial obligation of the latter. Letter of comfort is generally given when the parent company (issuer) is unable or unwilling to give "guarantee" with respect to the latter's financial obligation which if given is usually binding on the issuer to comply with. Through the issue of letter of comfort, the company aims to provide some sort of...

A Difficult Road Ahead For Restaurant Chains Under The FSSAI's Labelling Radar

The Food Safety and Standards Authority of India ("FSSAI") is all set to extend its labelling regime to restaurant chains operating in multiple states or having outlets at 10 or more locations from 1st January, 2022. The FSSAI has included restaurant chains under its labelling regime vide notification dated 21st August, 2020 amending the erstwhile Food Safety and Standards (Packaging and Labelling) Regulations, 2011 ("FSS Regulations"). The provisions encompassing restaurant chains in the...

Patriarchy In The Realm Of Cross Cultural Custody And Domestic Violence

In the past few decades, family law jurisprudence in India has compelled us to think about the entrenched patriarchy in our society specifically in the realm of custody and domestic violence. It is important to explore the current system of cross cultural child custody during a divorce or separation with reference to the contradiction in the standards of -'best interests of the child' and his/her need for flexibility, as opposed to one favouring parental need for finality. Brief...

Mandatory Display Of Food License/Registration Number On Invoice

Come 1st October 2021 Food Business Operators (FBO) to mention FSSAI license or registration number on every invoice. The Food Safety and Standards Authority of India (FSSAI) has made it mandatory for the FBO's to declare the 14-digit FSSAI License or Registration number on cash receipts/purchase invoices/cash memo /bills etc. As per the order dated 8th June 2021, FSSAI mentioned that declaration of the license or registration number will facilitate the consumers to complain about any...