Praveen Agrawal, Advocate, New Delhi, Whatsapp # 9811702850

Judicial Immunity to  NBCC - Buyers of Amarpali   Grant of Judicial Immunity, in the present context, means that such Person/ Company cannot be sued in any court of Law. Such Judicial Immunity is granted only to the “President of India” under the Constitution. The Question is - Can Supreme Court grant such a immunity even if it is not contemplated under the Constitution?   Hon’ble Supreme Court by the order dated 10.06.2020 in the matter of Bikram Chatterji and Ors. Vs. Union of India (UOI) and Ors. granted Judicial Immunity to NBCC in the following words :-   They are granted immunity to be sued in any other court or commission, and they are answerable to this Court only in the pending proceedings. By this Order Hon’ble Supreme Court has also granted Judicial Immunity to NBCC from initiation of any fresh proceedings against them. Buyers of Amarpali will have a tough time inasmuch they cannot initiated fresh proceedings against NBCC even in Supreme Court. The above ...

  Insolvency and Bankruptcy Code (IBC), like the Companies Act, has given a Right to the Debtors to initiate Liquidation / Winding-up of a Company if the said Company fails to pay its debt exceeding Rs. 1 Lakhs. Winding up meaning that the assets of the company will be sold and the proceeds will be utilized to pay off its liabilities. This provision safeguards the interest of creditors as well as the General Public in as much as these companies have limited liabilities, meaning thereby that the directors / shareholders cannot be made personally liable for the debts of the company, thereby making the position of a creditor very venerable. IBC AMENDMENT AGAINST SMALL BUSINESSMAN / INVESTORS Now with the recent amendment dated 24-03-2020 , only creditors exceeding value of Rs.1 Crore are entitled to initiate winding up proceedings against the company. By this amendment government has adversely effected the rights of SMALL Traders, Businessman, Investors and the likes. By this ...

Divorce and Child Custody cases in India have grown phenomenally. Generally, Courts award child custody of Minor Child to Mother. Custody of Child to Father is uncommon and rare. These orders are passed on the presumption that Mother will look into Child welfare in a better fashion. In either case, Child becomes a silent spectator. His / His/ Her Voice is neither considered nor even heard by the Courts. This Trend is now all to change.   Supreme Court Judgment in Husband’s Favour Supreme Court in the matter of Smriti Madan Kansagra v. Perry Kansagra, gave voice and platform to the wishes of the Child while considering the Custody Issue. In this case, Hon'ble Supreme Court has considered the wishes of the child while passing the Custody Orders. The Impact of this order is that if the Child express his wish to stay with father, the same will be leniently considered by the Courts now. The Trend is now Changing !!! In case , you need any clarification / assistance / help, p...

Arbitration between Indian Parties Generally it is understood that Parties can adopt a foreign seat of arbitration only when at least one of the parties to the arbitration is Foreign. It is also understood that if both the parties are Indian, they cannot choose foreign seat of arbitration. Supreme Court Judgment of Pasl Wind Solutions Vs. GE Power Conversion Supreme Court in the Recent 3 Judges Bench Judgment of Pasl Wind Solutions Private Limited Versus GE Power Conversion India Private Limited Decide on 20-04-2021 held that if both the Indian parties, have agreed that the seat of arbitration to be in the Foreign Country, then the seat of arbitration chosen by the Parties will be applicable. Besides, it is also clarified that inspite of seat of Arbitration to be in Foreign Country, arbitration tribunal on the request of the parties can choose venue or arbitration in India. Can Foreign Law be made applicable on Contract between Indian Parties ? The impact of choosing a Foreign Seat of ...

For majority of Indians Home Buying is once a lifetime dream. However, the rate at which builders are defaulting is alarming, adding to the plight of home buyers. GOI Ordinance Where and Whom to approach for remedy in case of Builder’s default, is a natural question. National Company Law Tribunal used to be fast track mechanism for redressal of Home Buyers Grievances. But GOI by an ordinance has, practically taken away this remedy from Home buyers. Now to approach NCLT, practically impossible conditions has been imposed by GOI in December, 2019, thereby protecting the Builders. Now to approach NCLT home buyers has to unite themselves and fulfill either of the one conditions :- 1. One hundred of such allottees under the same real estate project or 2. Not less than ten per cent of the total number of such allottees under the same realtor project, whichever is less: So, Practically for Home Buyers - first you have to become a Neta and unite 100 buyers before approaching ...

“Roti, Kapda aur Makan”. These are the Three Basic needs. Economic growth of recent 2-3 decades have fuelled up Housing demands. Because of high land cost, security and other concerns, majority populations are looking forward for a Flat in a High Rise Building. Here builders comes into picture.   Real Estate Home Buyers Remedy Generally Builders take 3–5 years time for Construction of Flat. Builder’s Default is common and Order of the day. How to get the speedy justice for Home-Buyers? Normally, Courts and Tribunals takes Years and by the time, any relief is achieved by Home-buyers, golden years of his life are over.   Justice for Home Buyers Two fast methods of achieving the result was (1) Approaching NCLT for liquidation and thereby creating pressure on the Builder and (2) Approaching Supreme Court in Writ Jurisdiction , directly. Unfortunately, GOI in December, 2019 imposed practically impossible conditions for approaching NCLT (National Company Law Tribunal) by Home-Buy...

Registration of Immovable Property and Stamp Duty payable Registration of Immovable Property is a costly affair as it requires payment of Stamp Duty which, in certain cases, may runs in Lakhs. But at the same time, until and unless Registration is done, no title is conferred on the purchaser. Therefore for all practical purposes, registration of Property becomes compulsory. Registration Act Provisions Section 17 of the Registration Act requires even registration of Court decrees if they transfer right / title or interest in the immovable property. Supreme Court Judgment - Khushi Ram Vs Nawal Singh Granting relief to the common citizens In the Judgment titled Khushi Ram Vs Nawal Singh Dated 22-02-2021 Hon’ble Supreme Court has held that "Consent Decree in relation to the Property which is subject matter of suit, does not require registration." This will not only save lots of Legal Hassles but also substantial money in terms of Registration Fees. Feel Free to Whatsapp me in ca...

Seat of Arbitration is relevant criteria  It is generally understood that Court where “Seat of Arbitration” is situated will alone have the power to pass interim orders u/s 9 of Arbitration Act. Meaning thereby that if Seat of Arbitration is situated outside India, then Indian Courts cannot pass any interim Orders. Supreme Court Judgment This issue was a debated Judicial Issue, in which Supreme Court have passed contradictory Judgments. However, Supreme Court in the Recent 3 Judges Bench Judgment of Pasl Wind Solutions Private Limited Versus GE Power Conversion India Private Limited Decide on 20-04-2021 held that even in such cases Indian Courts can pass Interim Orders, if the asset to be protected is situated in India. The impact of this Judgment, as interpreted, is such interim orders can be passed only in respect of Indian assets and not in respect of assets situated outside India. This Judgment comes to the rescue of all the commercial litigants who have entered into arbitrati...

While Awarding money decree / Consumer Relief and reliefs of similar nature , Courts (Upto the Level of Hon’ble Supreme Court of India) are awarding Simple Interest @ 6% - 9% per annum. Whether this awarded Interest Meets the ends of Justice ? Does it have any deterrent effect on the Society or is an adequate compensation to the complainant / plaintiff? SUPREME COURT, NCDRC JUDGMENT Recently, National Consumer Commission in the matter of Smita Uban Vs. Pioneer Urban Land & Infrastructure Ltd . Consumer Case No. 1430 of 2017 decided on 23.07.2020, after referring number of Judgments of Hon’ble Supreme Court of India awarded Simple Interest @ 9% per annum. It is a matter of common knowledge that Court generally award interest only in this range (6% - 9% p.a.) Rate of Interest = Bank Rate Why should the Rate of Interest awarded by the Court should be equivalent to Bank Rate of Interest ? Has the Litigant given the Money to earn this Bank Rate of Interest ? Awarding of such rate of ...

Nowadays, it has become a common practice for Shops/ Stores likes Big Bazar, Lifestyles etc. to charge for Carrybags from Customers / Consumers ? As a Consumer this payment pinches a lot, because it is for nothing. Whether stores / shops can charge for carry bags legally? Chandigarh State Consumer Disputes Redressal Commission IN Big Bazaar (Future Retail Ltd.) and Ors. Vs. Somanshu Sharma This Question arose for consideration of Ld Chandigarh State Consumer Disputes Redressal Commission in the matter of Big Bazaar (Future Retail Ltd.) and Ors. Vs. Somanshu Sharma and Ors. - Appeal Nos. 10, 13, 26, 27, 28 and 29 of 2020 - Decided On: 08.07.2020. Ld State Commission, in the above Judgment, came to the conclusion that Stores / Shops CANNOT charge for the Carrybags. Since, this Judgment is rendered by Chandigarh State Commission therefore it is executable only in the States of Punjab, Harayana and Chandigarh. It cannot be executed in other States. JUDGMENT OF NCDRC / SUPREME COURT The “...

The power to arrest or not to arrest a person accused of criminal offense vests exclusively with the investigating officer. Supreme Court confirmed this exclusive discretion of the investigating officer in the matter titled Vishwanath Biradar Vs. Deepika on 11/06/2021. SUPREME COURT JUDGMENT While confirming this power, Hon’ble Supreme Court went a step ahead and concluded that in such cases, Hon’ble High Court has no jurisdiction to direct the arrest of an accused. By and large, corruption in the Police Department is rampant. By giving a free hand to the investigating officer to arrest or otherwise, and concluding that High Court has no jurisdiction to direct arrest of an accused, Hon’ble Supreme Court has given further wings to the investigating officer to corrupt himself. FOR COPY OF THE JUDGMENT PL CLICK THE LINK BELOW https://main.sci.gov.in/supremecourt/2021/13051/13051_2021_44_31_28068_Order_11-Jun-2021.pdf

The Question -  whether the owner(s) of copyright in the sound recording ceased to be the owner thereof for all practical purpose ? The burning question in today’s business scenario is whether the owner(s) of copyright in the sound recording ceased to be the owner thereof for all practical purpose and  intent. Whether owner has lost all his rights to decide and determine as to whom he ought to permit broadcasting of this recordings and with whom not to enter so. Whether the owner of copyright in sound recording is entitled only for the royalty and has lost all other rights in respect of the sound recording it owns. Whether the ownership is illusionary and not real. Whether the Legal Position is same for the broadcasters of Televisions Programs.   INTRODUCTION The recent past have seen remarkable change in the Indian eco-legal scenario, Intellectual property Rights being one of them. A neglected Branch a law suddenly assumed great importance in the eyes of Corpo...

STEEP PRICE RISE – WHO’S RESPONSIBILITY The recent 4 months of 2008 has seen a phenomenal price rise of essential commodities, and in many cases to the extent of 50%, especially the Prices of Grocery and other edible items. The different segments of Government of India is giving different reasons for the price rise, which are completely inconsistent with each other, resulting in creation of confusion in the minds of common man. But Nonetheless, it is hitting very hard to the common man and the same has resulted in the battle for survival for the Cores of Indian ( which constitutes the Majority population of this country and are around 80% of the total population). This article is not for those 20% or so of the Indian Population which has sufficient funds at their disposal and whose expenditure on the grocery and edibles does not exceed 10% - 20% of their total income or those persons whose monthly savings are in 5 digits, as they had yet to feel the pinch of the price ri...