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November 2021

“Penalty for illegal sand mining should include cost of restoration of environment”: Supreme Court

Noting that compensation or penalty to be paid by those indulging in illegal sand mining cannot be restricted to the value of illegally-mined minerals, a 3-judge bench of the Supreme Court has observed that the cost of restoration of environment as well as the cost of ecological services should be part of the same. A […]

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Builders can’t force buyers to take possession of incomplete property: NCDRC

A homebuyer cannot be forced by the builder to take possession of a flat that is not fully constructed and for which a completion certificate has not been issued. The National Consumer Disputes Redressal Commission in a ruling said doing so will amount to unfair trade practice by the builder. The bench of C Viswanath

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“Army may be Supreme in its own Right but Constitutional Court equally Supreme”: Supreme Court warns Army of Contempt action

The Supreme Court on Friday warned the Indian Army of contempt action in a contempt plea against Army Chief of Staff MM Naravane over the alleged delay in grant of permanent commission to women officers in army. “The army might be supreme in its own right but the constitutional court is equally supreme,” remarked Justice

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RERA applies retroactively to ongoing projects that do not have completion certificate: Supreme Court

The Real Estate (Regulation and Development) Act, 2016 [RERA] is retroactive in its application and covers all ongoing projects for which completion certificate has not been issued, the Supreme Court has held (Newtech Promoters and Developers Limited v. State of UP). A Bench of Justice UU Lalit, Ajay Rastogi and Aniruddha Bose held that by

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Many Child Care Institutions Misusing Foreign Contributions : NCPCR Tells Supreme Court

The National Commission for Protection of Child Rights (NCPCR) in its reply affidavit to the challenge to the provisions of Foreign Contributions Regulation Act (FCRA) has alleged that many child care institutions in the country are being run illegally and are receiving funds from certain suspicious foreign organisation. A Supreme Court bench consisting of Justices

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Comparative advertising is permissible but without defaming the goods of others: Delhi HC

While dealing with a case concerning the issue of trademark infringement and comparative advertising, the Delhi High Court observed that advertisers have to be given enough room to play with an advertisement and the plaintiff should not be hypersensitive towards it. As per the court, in comparative advertising, it is permissible to compare one’s goods

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