LEX INSIGHT

  On 28 th August 2022, the Noida twin tower named Apex and Ceyna were reduced into absolute nothing except for about 55000 tons of debris, following its demolition.   Apex and Ceyna housed 900 apartment units, with a construction cost, estimated at 90 crores and market price of 700 crores, approximately.   The demolition followed a judgement of the Apex Court.   The Supreme Court [i] has cited three major reasons for arriving at its conclusions for demolition of the twin tower, namely (1) Violation of the distance requirements under the building regulations, (2) Consent of the Resident Welfare Association (RWA) not obtained before the construction, and (3) Collusion and illegal Construction.   This Article focuses only on the second reason, ‘Failure to obtain Consent of RWA’. The Apex Court found the consent of the individual flat owners of the original fifteen towers, individually or through the Resident Welfare Association (RWA), was a necessary requi...

  [i] MANAGEMENT OF COMMON PROPERTIES IN REAL ESATE PROJECTS Face to Face with the Stake Holders (Seminar on the Common property management) Date : to be decided Venue: MKD Hall, Golden Jubilee Chamber Complex, High Court of Kerala, Ernakulam 682018 Dear Friends: Greetings from the Society of Construction Law Kerala Chapter           Society of Construction Law SCL (Kerala Chapter) functions for furthering the objectives of its parent organization, which includes to work to promote education study and research and publication of valuable results of such research in the field of construction law and related subjects and its dissemination in India and abroad.   This note is intended to release the study made by SCL Kerala Chapter, regarding common property management of real estate property. The different types of real estate properties include plots, villas, multi-unit apartment complex or condominiums.   The Keral...

  ‘ ‘ Fastest-Finger First/FFF ’  means that part of the program where a question is asked to the selected participant(s), who in turn shall answer the same. The first participant to correctly answer the question shall be entitled to proceed to the Hot Seat as the Hot Seat Contestant [1] . This article explores application of the FFF principle in Arbitration, with reference to determination of jurisdiction of Courts.. Two provisions of the Act [2] , appears to have direct application of FFF principle.   Section 11(11) and Section 42 of the Act, are living examples.   Section 11(11) [3] considers the situation where more than one request for appointment of arbitrator is filed before different High Court, while Section 42 [4] is a general provision regarding jurisdiction. In either case, where and arbitration request or an application under the Act has been made to a court, that court and not other court shall have jurisdiction to entertain such application or requ...

DEALING WITH THE PROCEEDS OF CRIME The parliament by Act 40 of 1993 amended the code of Criminal Procedure 1973 by adding chapter VII-A to the code. It deals with reciprocal arrangements for assistance in certain matters and procedure for attachment and forfeiture of property. The circumstances under which chapter VII-A was introduced in the code is explained in the statement of objects and reasons of the Amendment Act of 1993. The amendment is proposed to provide for a) the transfer of person between contracting states including persons in custody for the purpose of assisting in investigation or giving evidence in proceeding; b) attachment and forfeiture of properties obtained or derived from the commission of an offence that may have been or has been committed in any other country; and c) enforcement and attachment of forfeiture orders issues by a court in the other country. The government of India has signed an agreement with United Kingdom of Great Britain and Northern Ireland for ...