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Wednesday, May 26, 2021

Notification of Vacation Benches of Supreme Court For Hearing Urgent Cases From May 26 to June 2

Find the Notification of  Vacation Benches of Supreme Court For Hearing Urgent Cases From May 26
to June 2 

Notification of Vacation Benches of Supreme Court For Hearing Urgent Cases From May 26 to June 2



The Supreme Court of India on Tuesday (May 25) notified the vacation benches that would hear emergency cases for the period from 26th
May, 2021 to to 2nd June, 2021 (Second part).

The Chief Justice of India has nominated the following Division Benches to hear the most urgent miscellaneous matters in the Summer Vacation for the period from 26th May, 2021 to 2n June,
2021(Second Part).

First Bench, Vacation Second Part (May 26, 2021 to June 02, 2021)
- Justices L. Nageswara Rao and Aniruddha Bose

Second Bench, Vacation Second Part (May 26, 2021 To May 28, 2021)
- Justices B. R. Gavai and Surya Kant

Second Bench, Vacation Second Part (May 29, 2021 To June 02,
2021) - Justices B. R. Gavai and Krishna Murari

Find the Best Supreme Court Lawyers in Chennai:  Rajendra Law Office, 8/13, Bharathi Salai, West Mogappair, Chennai 600037, Tamil Nadu, India. https://www.lawyerchennai.com


Monday, January 18, 2016

Punishment for Criminal activity by a Builder and promoter

Wrongdoing and Discipline for Land Property Promoters 


A week ago, when the promoters of NCR-based A Well known Builder needed to stay one night in prison, numerous Property Promoters responded with sickening apprehension. Some in the media additionally did news stories that were entirely thoughtful to A Well known Developer, with the general tone being that it was such a repulsive thing such famous individuals were being sent to imprison. But then, the points of interest of that specific case propose that the Builders were given a long rope. For sure, it might even be said that they have been treated with child gloves. 

Lawyers for Builders Dispute


Consider the actualities. The first purchaser's understandings go back to 2006. The lofts were to be conveyed in 30-36 months, that is by 2009. After this period, there has been an unendingly sliding arrangement of conveyance dates. At the point when some level proprietors went to a shopper court, A Famous Developer thought of amazing assortment of reasons in respect to why it was not able build the pads from 2006 to 2015. These incorporate a general financial log jam, the Republic Recreations, and deficiencies of blocks, water, sand, and work. In passing, it additionally laid some fault on the Mahatma Gandhi National Rustic Job Ensure Plan and the Jawaharlal Nehru Urban Reestablishment Mission. The designer's legitimate system was to attempt and persuade the court that every one of these issues were unsurmountable for 10 years and after that pass them off as 'Power Majeure' components, in this way exonerating it from any squeezing need to convey the lofts that the purchasers had paid for, at the same time clutching those installments. 

Real estate Advocates


In the end, the court ruled against A Well known Builder and requesting that it pay the purchasers enthusiasm on the cash they had paid. This was settled at 12 for every penny for each annum straightforward hobby. It's remarkable that the purchaser's understanding stipulated a reformatory enthusiasm of 18 for each penny exacerbated on purchasers in the event that they postponed installment. So the court was truly delicate on A Well known Builder here. On a total of Rs1 crore, five years' basic enthusiasm of 12 for every penny adds up to R60 lakh while 18 for each penny exacerbated is Rs1.28 crore! But then, A Well known Builder didn't pay. They simply overlooked the court request, which was what in the end prompted the token detainment of a couple of hours of the father-child team who run the outfit. 

Then again, this is not around A Mainstream Developer alone. The nation over, and particularly so in the zone around Delhi, there are countless from many Property Promoters which are in the same state. By from land research outfit Liases Foras, near portion of the 7 lakh lofts propelled in NCR since 2008 are deferred by over two years. This does exclude cases like A Prevalent Developer which go back to before 2008. At a generally unobtrusive normal of R1 crore per flat, that is R3.5 lakh crore that is caught there. Remember that numerous - maybe most- - of these are 'inconclusively deferred', which is a courteous way saying that the engineer has fled with the cash. 

Why does this happen? Here's a little clarification I got while conversing with a Land businessperson who has worked with various Property Promoters over 10 years. I asked him for what reason Property Engineers continued propelling new activities without endeavoring to construct and convey them. Since I know him by and by, he gave a genuine answer, 'Property Engineers get paid when they dispatch ventures, however they don't get paid when they construct and convey. Truth be told, they need to burn through cash to do as such.' Take a full breath and comprehend the ramifications of this. 

What this implies a decent part of the land advancement business is about making false guarantees and stealing client's cash. It's drivel to recommend that Property Engineers have noteworthy aims and are being kept down in light of Republic Amusements or a lack of either. A hefty portion of them invested years making guarantees, removing cash and after that purchasing land banks or occupying cash for different purposes. 

On the off chance that you take a gander at any individual case or extend, it might resemble a deferral. Nonetheless, when you venture back and take a vast viewpoint, then this resembles a boundless criminal movement. All the more so in light of the fact that in a vast extent of the long postpone cases, the cash has fundamentally vanished and the purchasers will never get what they paid for. No doubt about it, this is a wrongdoing, and a great deal of land Property Promoters need to secure in prison for any longer periods than the couple of hours of bother that the A Prevalent Builder supervisors needed to endure.



Sunday, January 17, 2016

Framing of Charges

Framing of Charges

S.227 & S.482--Framing of Charges--Quashing--Where charges were framed without any material on record and they are quashed then only those charges are to be quashed which were wrongly framed and not the entire proceedings.

Rape Charges--Quashing--Charge sheet

S.227 & S.482--Framing of Charges--Rape--Quashing--Charge sheet was filed for offences u/s 376, 511 and 294 IPC--And charges were framed accordingly--High Court found that there was no material on record with regard to offence u/s 376 IPC therefore charges u/s 376 IPC could not be framed--High Court quashed entire proceedings--Held; only charge u/s 376 IPC was to be quashed and not entire proceedings--Order of quashing of charges u/s 376 IPC upheld and order of quashing other charges set aside--Matter remanded to Session Judge--Indian Penal Code, 1860, S.376, S.511 & S.294.

 Prospects of conviction

S.227--Framing of Charges--At this stage there is no requirement to formulate an opinion about prospects of conviction--Only the test of a prima facie case is to be applied and not the standard of test regarding guilt of the accused is to be seen--The court has to be satisfied only about the prima facie existence of the factual ingredients constituting the offence.

Dowry Death--Murder--Trial Court


S.227--Framing of Charge--Dowry Death--Murder--Trial Court is required only to look into the evidence which has been collected during investigation and on that basis, it shall frame the charge either under Section 304B or 302 IPC and not as an alternative--If the evidence comes subsequently, the trial Court will be at liberty to amend the charge at that stage--Indian Penal Code, 1860, S.304-B & S.302.

Sunday, September 6, 2015

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