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REAL ESTATE: (RERA Act 2016)

The Bombay High Court has upheld the constitutional validity of the real estate law 2016 Ref. Builders challenge to Estate (regulation and Development) Act.in Sep 2018 before SC A bench of Justice Naresh Patil and Justice RG Ketkar passed the judgment after hearing all parties

REAL ESTATE-3

Purchase of flat for Commercial purpose Commercial purpose Aerstar Hemets Pvt Ltd v/s Adani Projects Ltd NC cc No 930 of 2018 decided on 18.11.2020 “A residential apartment even if being purchased for a guest house will not come under commercial activity of the company

REAL ESTAE (PART-2)

Joint venture, collaboration agreement for construction whether services under consumer ‘the words ‘joint venture’ or ‘collaboration’ in the title of an agreement or even in the body of the agreement will not make the transaction a joint venture, if there are no provisions for shared

REAL ESTATE (PART-1)

M.K.Gupta V Lukhnow Development Authority SC 1993 Late possession/ No possession/ Defective dwelling/ Area less/ Cost escalation/ Forfeiture of registration fee in case of cancellation of flat/ Approach road dispute Facts of the case Authority invited applications from home buyers, applications were more than flats

MEDICAL NEGLIGENC (PART-3)

Malay Kumar Ganguli&Dr Kunal Saha V Dr Sukumar Mukherjee and others delivered on 7th August 2009 SCC 221 Bench: S.B. Sinha, Deepak Verma ; Supreme Court Of India Criminal Appellate Jurisdiction Criminal Appeal Nos. 1191-1194 Of 2005 A. “A court is not bound by the evidence

MEDICAL NEGLIGENC (PART-2)

Dr J.J. Marchant and others v/s Shrinath Chaturvedi 2002 CTJ 757SC[CP] Supreme Court again set the controversy at rest about the jurisdiction of consumer courts in medical negligence matters Court in this case also relying upon Shantha case, held that delay in disposal of the

MEDICAL NEGLIGENCE PART-1

V.Shantha V/S Indian Medical Association SC 1995 Distinction between ‘contract of service’ and ‘contract for service’ “No doubt that Parliamentary draftsman was aware of this well accepted distinction between "contract of service" and "contract for services" and has deliberately chosen the expression `contract of service'

Landmark judgment on Insurance

1. Case Title: New India Assurance Co. Ltd v/s M/S Mudit Roadways (SC) Civil Appeal No 334/2023 Decided on 24.1.2023 by SC Legal Issue: Repudiation of claim on new grounds “it is a settled position that an insurance company cannot travel beyond the grounds mentioned

Consumer Commissions are additional remedy available to the consumers

(Section 3of act 19867 Section 100 of Act 2019) Questions raised Banking system-Ombudsman system, Debt Recovery Tribunal Case law: Neela Vasanta v/s among industries, FD matter NC 1993 Registrar Co-operative Societies -Arbitration by Registrar Case Law: Kalavati v/s Vaishya Co-operative Society SC Medical Negligence: Medical

Safety of Locker under Bank custody-Know the Rules and law

Supreme Court decided case of Amitabh Dasgupta on 19.2.2021 holding bank negligent for break opening the locker for non-payment of dues for the period of 1993 -1994 and locker was subsequently re allocated to another customer. This fact came to the knowledge of locker holder
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