Understanding the Mareva Injunction
A Mareva Injunction is an interlocutory order by a court of competent jurisdiction demanding the freezing of assets or properties of the defendant, to prevent him from disposing of, alienating…
‘Dispute’ And ‘Existence Of Dispute’ – An IBC Perspective
INTRODUCTION Insolvency and Bankruptcy Code was enacted on May 28, 2016 with a view to consolidate, amend and streamline the dispersed laws relating to Insolvency Proceedings in India. The code…
Doctrine of Waiver of Legal Rights
The term ‘waiver’ means an act of surrendering any right or claim. The Doctrine of Waiver is defined under Black’s Law Dictionary as the intentional or voluntary relinquishment of a…
Doctrine of Severability
Meaning of the doctrine The doctrine of severability is also known as doctrine of separability. It is given under Article 13 of the Constitution of India. In simple terms, it says that if…
Material Adverse Change (“MAC”) and Force Majeure” or “Act of God” clauses
The businesses all across have come to standstill due to the pandemic outbreak and lockdown imposed thereafter by the GoI, it is further unclear till the outbreak is impeded, if…
Registration Of Real Estate Agents Under RERA (The Real Estate (Regulations and Development) Act, 2016)
In the real estate market, the brokerage system has a prominent function and is an important feature. Simply put, a broker is a middle-person who links property buyers and sellers…
Emergence of Artificial Intelligence (AI) in Legal Industry: Progression and Limitations
Artificial intelligence (AI) is wide-ranging branch of computer science concerned with building smart machines capable of performing tasks that typically require human intelligence. AI is an interdisciplinary science with multiple…
Decry on the ongoing dispute on forfeiture clause in RERA
Introduction The augmentation of the Real Estate Regulation Authority (RERA) Act,2016 has brought a significant change in this industry. Many consumers are now relieved from malicious tactics and dirty pools…
A great relief to Resolution Application vide introduction of Section 32A in IBC
Introduction The Insolvency and Bankruptcy law was introduced in the Indian legal regime to promote investments and resolution of insolvency of corporate persons, firms and individuals in a time-bound manner.…
Refund of Earnest Money: Mr. Sumit Mukherjee and Mr. Ashutosh Mukherjee Versus M/s. Rajsanket Realty Limited
Dated 3rd December, 2020 Facts of the Case: It is the case of the complainants that they had booked the said flat in the respondent’s project on 01/07/2016 for total…