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Skip to main content. edu no longer supports Internet Explorer. Log In Sign Up. Code of Civil Procedure Followers. Papers People. Study notes of CPC including a comparison between; Review, Revision, and Appeal.
Save to Library. Comparative Analysis of Legal Remedies Available to Homebuyers 10hoa5r. With growing business all around there was this With growing business all around there was this upcoming need for office spaces. Moreover, doc civil court justice research paper, improvement in economy also resulted in increase in purchasing power of the urban middle class, thus leading to further growth of the real estate sector.
The Real Estate sector is currently a major booster of our economy. FDI inflows in the sector was However, this industry is also marred by numerous problems like delayed possession of flats to the homebuyers, undue diversion of funds received from homebuyers, doc civil court justice research paper, no completion of real estate projects, inability of real estate companies to pay loans, insolvency and liquidation of real estate companies.
Further, this article is an attempt to present a comparative analysis of legal remedies available at the disposal of homebuyers. This article covers three possible routes to avail legal remedies for homebuyers, a Real Estate Regulation and Development Act, b Insolvency and Bankruptcy Code c CPA, It first of all provides a brief outline of all these three legal remedies.
It also provides an elaborate analysis of concurrency between these three legal proceedings in light of a latest Supreme Court decision.
It further takes into consideration various legal circumstances that homebuyers usually face in the current scenario and tests the suitability of each legal route with respect to a specific legal circumstance. It analyses each route in terms of its advantages and disadvantages and presents a practical view of legal remedies available at the disposal of the homebuyers. PROCEDURE TO RECOVER IMMOVABLE PROPERTY UNDER ORDER CPC ORDER VIPUL VINOD ROLL NO : ASSISTANT PROFESSOR DR.
This paper includes the scenarios where the effects of injunction granted on insufficient grounds has been taken into account. The grounds which have been considered to be sufficient are laid down in cases doc civil court justice research paper have been discussed. The term 'Sovereign immunity' is derived from the ancient principle which grants doc civil court justice research paper exemption to the ruler from being sued without its consent.
This principle was accepted in absolute terms3 for quite a long period and those who had a suit against the government, in respect of any tortuous liability or for breach of any contract, had no recourse for the damage. It was an attribute of the sovereign ruler that he cannot be held guilty of any misconduct or personal negligence; neither is he responsible for his servants unlike the principle of vicarious liability wherein the master is responsible for the acts of his servants.
Thus, not to let the genuine claims to be bygonethe Indian Courts somewhat narrowed the scope of this principle. Doctrine of 'Per Incuriam': Critical Analysis based on Precedents. This research paper deals with the This research paper deals with the following 5 five aspects, regards been had to the doctrine of "per incuriam": 1. Curious case of citing 'per incuriam' decisions at Bar.
Analysis in this paper is strictly based on Indian Case-Laws and Precedents. Stages of a Civil Suit under the Code of Civil Procedure On the Maintainability of Review against a Section 11 Order. It empowers the Chief Justice of India in international commercial arbitration, It empowers the Chief Justice of India in international commercial arbitration, and the Chief Justice of the relevant High Court in non-international commercial arbitration, to appoint arbitrators under certain select circumstances.
However, unlike the position under the UNCITRAL Model Law, the exercise of power under Section 11 of the Indian enactment entails the exercise of a judicial function, resulting in a judicial order. This poses several concerns, with one of them being the issue of maintainability of review against an order passed under Section 11 of the Doc civil court justice research paper. By means of the present paper, I will assess the maintainability of a review petition filed against a Section 11 Order for appointment of an arbitral tribunal, with reference to the various conflicting judicial decisions on the issue, and the anomalous doc civil court justice research paper created in India as a consequence of the same.
On the basis of the well-recognized distinction between a substantive and procedural review, I will put forth an argument that a Section 11 Order is amenable to review on grounds of procedural infirmities.
However, absent any specific conferment of such power, a Section 11 Order, doc civil court justice research paper, owing to its statutory nature, cannot be reviewed on substantive grounds. Framing of Issues : Order XIV, Rule Related Topics. Code of Criminal Procedure of Indian Law. Follow Following. Young Turks. Jön Türkler. Yüzyıl Osmanlı Tarihi. Yeni Osmanlılar.
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