Know Your Rights: As a Flat Buyer
Buying a home is often the culmination of years of hard work, savings, and dreams, in India. For many, it represents the single largest financial investment of their lifetime. The emotional sentiment of owning a house, can be fetched from the fact, that unless one has his own home, he is not considered to have […]
Sentinel of Dispossession From Immovable Property; Interplay Between Section 5 & 6 of the Specific Relief Act 1963
In India, no one is allowed/permitted to take possession of immovable property through forcible means and one must get possession through lawful means via any Court of Law, if are entitled for[1]. In India, the law respects possession and persons are not allowed to take law into their own hands, whatsoever bad the title of the possession-holder […]
Arbitration vs. Court: Which Is Better for Business Disputes?
FOREWORD In the dynamic landscape of business, disputes are inevitable. The method chosen to resolve these disputes can significantly impact a company’s operations, finances, and reputation. Two primary avenues exist: arbitration and litigation. Each has its merits and drawbacks, and recent developments in India have further nuanced this choice. UNDERSTANDING ARBITRATION AND LITIGATION Arbitration is a private […]
Unravelling the Draft Digital Personal Data Protection Rules, 2025
This Article examines the Draft Digital Personal Data Protection (DPDP) Rules, 2025, which implement the DPDP Act, 2023, to enhance digital privacy in India. It highlights key features such as informed consent, data erasure rights, digital nominees, and a virtual Data Protection Board for grievance redressal. The framework balances innovation and regulation, easing compliance for […]
The Future of Construction Arbitration: Trends Which Cannot Be Ignored
INTRODUCTION The construction industry plays a pivotal role in shaping the infrastructure and economic progress of any nation. It is a cornerstone of economic development, but it is also fraught with disputes arising from contractual obligations, delays, cost overruns, and quality concerns. These disputes can significantly derail projects, affect financial viability, and disrupt stakeholder relationships. […]
Who is the Defender of the Constitution – The President, The Parliament, The Governors, The Supreme Court or the Constitution Itself?
In recent years, especially in the evolving political and constitutional discourse of India, the question has increasingly emerged: who is the true defender of the Constitution? Is it the President, entrusted with upholding constitutional values? The Parliament, which enacts laws in accordance with the Constitution? The Governors, as the executive heads in states? The Supreme Court, as […]
Fiduciary Responsibilities and Liabilities: Navigating Through Directors’ Duties Under the Corporate Landscape
INTRODUCTION In the framework of sound corporate governance, directors serve a variety of functions as the ‘gatekeepers’ or ‘watchdogs’ of their respective organizations. The first is to increase the company’s value for the benefit of its shareholders while taking the stakeholders’ interests into consideration. The second, which may be viewed as a corollary to the first, is to minimize […]
Understanding Irretrievable Breakdown of Marriage: Scope in India
INTRODUCTION Irretivable breakdown of marriage is undoubtedly supported by the history of marriage as viewed via its laws. At different points in time, marriage has signified different things. It has changed from being a patriarchal institution to a more equal relationship founded on equality and freedom, and from being a religiously revered institution to a contractual legal […]
RERA: Protecting Home Buyers’ Interests
1. BRIEF OVERVIEW OF RERA, 2016 The Indian real estate sector is a major economic pillar with significant forward and backward correlations, accounting for an estimated 50% of the country’s GDP.[1] To govern the real estate industry and safeguard the interests of home buyers, the Parliament passed the Real Estate (Regulation and Development) Act, 2016 […]
Celir LLP v. Sumati Prasad Bafna & Ors.; 2024 INSC 978
Coram: Justice J.B. Pardiwala and Justice Manoj Misra Judgment delivered: 13.12.2024 Introduction The judgment delivered by the Supreme Court of India in Contempt Petition (C) Nos. 158-159 of 2024 provides critical insights into legal principles concerning the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act), issues of auction validity, the […]