Section 18 RERA 2016 gives a homebuyer the right to claim refund, interest and compensation where the promoter fails to complete the project or deliver possession in accordance with the agreement for sale. The allottee may either withdraw from the project and claim refund with interest, or continue in the project and claim interest for...
Read MoreThe Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was enacted to bring transparency, accountability and discipline into India’s real estate sector. The statute establishes real estate regulatory authorities, appellate tribunals, and an adjudicatory framework for disputes between homebuyers, promoters, developers and real estate agents. The Act expressly aims to protect consumers...
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Source code escrow in digital trade is a contractual mechanism where a software vendor deposits source code, documentation, build instructions, and related technical material with a neutral escrow agent to be released only upon agreed trigger events such as vendor insolvency, failure of support, breach of maintenance obligations, or business-continuity failure. In cross-border digital trade,...
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Mental cruelty in divorce cases refers to conduct by one spouse that causes such mental pain, suffering, fear, humiliation, emotional distress or breakdown of trust that the other spouse cannot reasonably be expected to continue the matrimonial relationship. Under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, cruelty is a ground for divorce. Mental cruelty...
Read MoreA statutory complaint in the Indian Army is a formal grievance-redressal remedy available under the Army Act, 1950, principally under Section 26 for persons other than officers and Section 27 for officers. It is used when an Army personnel considers himself wronged by a superior authority, adverse service action, ACR/APAR grading, promotion denial, administrative injustice,...
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Court martial appeal in India lies before the Armed Forces Tribunal under Section 15 of the Armed Forces Tribunal Act, 2007 against an order, decision, finding or sentence passed by a court martial. The Tribunal may interfere where the finding is legally unsustainable, involves a wrong decision on a question of law, or where material...
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Monetary relief under Domestic Violence Act, 2005 is a financial remedy that may be granted by the Magistrate to meet expenses and losses suffered by an aggrieved woman and her child because of domestic violence. Under Section 20, monetary relief may include loss of earnings, medical expenses, loss caused by damage or removal of property,...
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Permanent alimony under Section 25 of the Hindu Marriage Act, 1955 is financial support granted by the matrimonial court at the time of passing a decree or at any time after the decree. It may be awarded as a lump-sum amount, monthly payment, or periodical payment, and may be granted to either spouse depending on...
Read MoreInterim Maintenance under Section 24 of the Hindu Marriage Act, 1955 allows either the wife or the husband to seek maintenance pendente lite and expenses of proceedings during the pendency of matrimonial litigation. The provision is gender-neutral. The court may grant interim maintenance where the applicant has no independent income sufficient for their support and...
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Rajnesh v. Neha, Criminal Appeal No. 730 of 2020, decided by the Supreme Court of India on 4 November 2020 and reported as (2021) 2 SCC 324, is a landmark judgment on maintenance in matrimonial disputes. The Supreme Court framed nationwide guidelines on financial disclosure, overlapping maintenance proceedings, interim maintenance, criteria for determining quantum, date...
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