What legal principles and facts set apart the rulings in the case of Pooja Constructions vs The Secretary, 2024 and Wadhwa Group Holding Private Limited vs Vijay Choksi, 2024?
Introduction The interpretation of the term "promoter" under the Real Estate Regulation Act, 2016 (RERA) has emerged as a critical issue in judicial decisions involving real estate development and disputes between developers, landowners, and homebuyers. Two...
TS RERA Issues New Circular to Ensure Transparency and Accountability in Real Estate Projects
Introduction The real estate sector is a critical component of any nation's economic and social fabric. Despite its importance, the real estate industry often grapples with challenges related to transparency, accountability, and timely completion of projects. The Real...
SANDEEP G.W. & JONALI DAS v/s M/S. SIGNATURE DWELLINGS PRIVATE LTD. (Complainant No. CMP/220408/0009335).
Introduction: One of the major problems by faced by the home buyers’ forum in Karnataka is the deprivation in the allotment of common area. They are striving hard for years to get the allotment of such common area but it resulted in vain. Recently, in a landmark...
Execution of petition Can’t Be Dismissed As Inexecutable Merely Because property’s Possession Is Lost To Third Party
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this...
Landmark Supreme Court Ruling Affirms Homebuyers as Financial Creditors Under Insolvency and Bankruptcy Code
In a groundbreaking move, the Supreme Court of India has resolved a long-standing debate about whether homebuyers should be considered as “financial creditors” under the Insolvency and Bankruptcy Code (IBC) of 2016. This important decision was made by a panel of three...
The Battle of Vahe Imperial Gardens: Consumers Triumph Over Deceptive Real Estate Developer
Introduction Imagine the excitement of buying your dream home, eagerly waiting for its completion and possession, only to face delay after delay, broken promises, and endless frustrations. In such cases, consumers may file a complaint seeking relief from the concerned...
Can a court grant a relief, which is not prayed for by the petitioner?
It is a general understanding that a court by making use of its wide discretionary powers can go on to provide all such reliefs it thinks fit for those who come before it in a hope to secure justice. But the question that needs to be answered is: Is it just a...
Enforceability of circulars / notifications vis a vis their publication in the official gazette.
Whether circulars / notifications of an authority require to be published in the official gazette to become enforceable? Natural justice requires that before a law becomes operative it must be promulgated or published. It must be broadcasted in some recognisable way...
Buyer Wins Case Against Godrej Projects Development Ltd. for Delayed Possession
Buying a property is often the biggest investment that most people make in their lives. It is an exciting time filled with the promise of a better future but also a time fraught with danger. Unfortunately, for many buyers, buying a property is not without its perils,...
All you need to know about Floor Space Index (FSI)
When starting construction of any residential or commercial property, one may encounter the term FSI. This article discusses the concept of FSI in detail. Synopsis: 1. What is FSI? 2. How is FSI calculated? 3. Importance of FSI 4. FSI for metro...