'Unjust Enrichment' : Karnataka RERA Directs Developer To Transfer Corpus Fund To Owners' Association, Fulfil Promises In Senior Citizen's Project

The Karnataka Real Estate Regulatory Authority (KRERA) has directed a private developer engaged in the construction of a senior citizens' project in Mandya District to transfer the entire corpus fund of Rs 62.26 lakh, collected from buyers to the owners' association.“It is also to be noted that common amenities under the project are made available for the common use and enjoyment of...

NCLT Mumbai: Tribunal Is A Judicial Authority With Power To Refer Matter To Arbitration If Dispute Falls Within Scope Of Arbitration Agreement

The National Company Law Tribunal (“NCLT”), Mumbai Bench, comprising of Mr. Kishore Vemulapalli (Judicial Member) and Mr. Prabhat Kumar (Technical Member), dismissed an application and held that the Tribunal is a judicial authority, and has the power to refer the matter to Arbitration if it finds that the dispute is arbitral and falls within the scope of...

Transfer Of Property Act | Rents Receivable Can Be Assigned By Debtor To Creditor As Actionable Claim: Supreme Court

Rents receivable by a borrower can be assigned to a lender as an "actionable claim" as per the Transfer of Property Act,1882(TPA), held the Supreme Court while deciding a dispute between the Infrastructure Leasing and Financial Services Ltd and the HDFC Bank Ltd.The bench comprising Justices S Ravindra Bhat and Dipankar Datta observed that under Section 3 of TPA, actionable claim means (a)...

State Amendments Made To VAT Acts After GST Came Into Effect Are Invalid : Supreme Court

A Division Bench of the Supreme Court, while deciding the appeals arising from judgments of Telangana, Gujarat and Bombay High Court with respect to the validity of VAT Amendment Act in their respective states, made several significant findings regarding Section 19 of the Constitution (101st Amendment) Act (Amendment), 2016, which allowed the introduction of the Goods and Services...

'Difficult For Courts To Intervene In The Absence Of A Statute' : CJI DY Chandrachud On Marriage Equality Verdict

Speaking of his minority judgment in the recent verdict on the same sex marriage, Chief Justice of India DY Chandrachud said that it is sometimes a vote of conscience and a vote of the Constitution and that he stands by what he said."I do believe it's sometimes a vote of conscience and a vote of the Constitution and I stand by what I said" he said at a panel discussion on 'Perspectives...

Delhi Riots: Court Discharges 11 Men In Dilbar Negi Murder Case, Frames Charges Against One

A Delhi Court on Wednesday discharged 11 men in a Delhi riots case alleging that a mob caused vandalism, put on fire a sweet shop as a consequence of which a 22 year old boy namely Dilbar Negi died after after sustaining burn injuries. (FIR 39/2020 PS Gokulpuri)Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts observed that the presence of the 11 accused persons in the...

Panel Discussion On The Marriage Equality Judgement [Video]

Live Law is organising a panel discussion on the Marriage Equality judgement on October 25, 2023 at 5.30 PM, featuring Muskan Tibrewala (Assistant Director, CJLS), Aishwarya Singh (Lecturer and Assistant Dean, JGLS), Karan Tripathi (PhD, University of Cambridge) and Kanmani (Advocate & Trans rights activist). The discussion is moderated by Padmakshi Sharma, Supreme Court correspondent...

NewsClick Arrests: Delhi Court Remands Prabir Purkayastha, HR Head To Police Custody Till November 02 In UAPA Case

A Delhi Court on Wednesday remanded NewsClick founder Prabir Purkayastha and Human Resources head Amit Chakraborty to police custody till November 02 in the UAPA case registered following allegations of the portal receiving money for pro-China propaganda.Additional Sessions Judge Hardeep Kaur of Patiala House Courts passed the order after the duo was produced in court on the expiry of...

Judges Taking Up Cases Not Assigned By Chief Justice Is An Act Of 'Gross Impropriety': Supreme Court

The Supreme Court recently said that the judges should refrain from taking up cases not specifically assigned to them by the Chief Justice of the Court. If not, the roster notified by the Chief Justice will have no meaning, the Court said. The Apex Court said that taking up cases not assigned by the Chief Justice is an act of 'gross impropriety'. “If the Courts allow such sharp practices,...

[Article 142] Supreme Court Issues Directions For Sale And Attachment Of Assets To Clear Arrears Of Maintenance To Woman Abandoned By Husband

The Supreme Court recently directed sale of ancestral property of a man to pay arrears of maintenance of Rs. 1.25 Crores to his wife under its inherent powers under Article 142. A bench of Justice Ravindra Bhat and Justice Aravind Kumar relied on decisions of the Apex Court in Subrata Roy Sahara V Union Of India [2014] 12 SCR 573 and Delhi Development Authority V. Skipper Construction 1996...

Can Close Relatives Of State's Executive Head Be Awarded Govt Contracts? Supreme Court Seeks CAG's Response

The Supreme Court while resuming its hearing in a SLP raising allegations regarding awarding of government tenders by the state government of Arunachal Pradesh, a decade ago, directed the Comptroller and Auditor General of India (CAG) to inform the Bench on the following points:“Whether very close relative(s) to the Executive Head of the State can be awarded Government contracts; In the...

Shocked By Big Malls Not Allowing Customers To Carry Their Own Bags: Bengaluru Consumer Court Asks Ikea To Refund ₹20 To Customer, Pay Compensation

A consumer court in Bengaluru has directed Ikea India Private Limited to refund a sum of Rs 20 charged for providing a carry bag to its customer along with interest and pay a compensation of Rs 1000 for harassment and mental agony caused to the complainant. The bench headed by President B Narayanappa expressed shock at the level of service provided by the large malls and showrooms by not...