YOUR DEVELOPER DELIVERS A DELAYED APARTMENT OR PAYS FLAT COMPENSATION ? M. SIVARAMAN Plight of Apartment Buyers:   Hard earned money and home loan proceeds are shelled out to developers by the consumers in the fond hopes that the apartments, the common facilities and other amenities as showcased in the promotional brochure, advertisements, application forms and the construction agreements would be honoured and delivered in time and as per the specifications promised by the developers.  The individual consumers who are not organized when they book the apartments do not stand a chance ..read more

LEGAL DISCLAIMER “Clearlaw4all” blog featured at https://clearlaw4all.blogspot.com/ is the official blog of Mr. M. Sivaraman, Corporate Lawyer, Researcher and Speaker, based in Chennai, India.  Visitors to this blog are bound by the following terms and conditions:- All the information, data, views and opinions expressed in this Blog and its posts are given on an “as is” and “as available” basis.  The information available on this Blog is subject to change without any notice.  While every effort has been made to offer the details, particulars, content and other graphics a ..read more

QUO VADIS THE CONTRACTOR IN THE TURBULENT TIMES OF COVID-19 ? M. SIVARAMAN Contractor Hues & Covid-19 Woes: The creation of a nation’s critical infrastructure like roads, bridges, airports, seaports, dams, hydro-electric projects, power projects, telecommunication and internet, special economic zones and their continued operation and maintenance is no more the sole preserve of the sovereign governments. Even the generally reserved activities of a national like atomic energy, defence, space technology has never been fully self-reliant.  There have been an army of contractors, develo ..read more

India’s Tryst with Destiny in Bridling the Dragon Spitting Fire on it The Indo-China Diplomacy: The Wuhan and Mahabalipuram unofficial summits between the leaders of the world’s two of the most populous countries exuded confidence of building a new world order and held out prospects for regional co-operation and peaceful co-existence.  But, by its reckless aggression and belligerent bullying displayed against India, the modest gains made by the unofficial summits were soon decimated by the Chinese side once again proving that its political system thrives in deceit and treachery that it ..read more

Part-III: Covid-19 & Modi 2.0’s Relaxing the Rigours of the Insolvency and Bankruptcy Code Modi 1.0’s Landmark Enactment of IBC, 2016: One of the most laudable and bold achievements of the Modi 1.0 dispensation was to enact and enforce the Insolvency and Bankruptcy Code, 2016 (“IBC”) w.e.f. December 1, 2016. IBC consolidated and amended the laws relating to reorganization and insolvency resolution of companies, partnership firms and individuals in a time bound manner for maximization of value of assets of such persons with an objective “to promote entrepreneurship, availability of credi ..read more

Part-II: RBI’s Covid-19 Loan Moratorium & Judicial Responses RBI’s Covid-19 Interventions & Relief Measures: The Reserve Bank of India (“RBI”), as the Central Bank of our country, did not remain a mute witness in the face of the Covid-19 global pandemic.  Taking a cue from the various steps initiated by the Modi Government for the prevention and control of the local transmission of the disease, the RBI for its part devised and put in place operational and business continuity plans for the banking sector, with a view to ensuring that one of the major critical infrastructures of ..read more

Part-I: Modi 2.0 Government’s Swift Actions to Contain & Combat Covid-19 “Some will say this discussion of the Avian Flu is an overreaction.  Some may say, “Did we cry wolf?”  The reality is if the H5N1 virus does not trigger pandemic flu, there will be another virus that will” is what the United States Department of Health and Human Services Secretary Michael Leavitt predicted in November 2005.  The United States had rightly acknowledged that such a pandemic will test the critical infrastructure of both the United States and the world. Several policies and protocols were ..read more

LOAN WRITE-OFF TO WAIVERS – THE LAW OF POLITICS The RTI Trigger: Recently, on April 24, 2020, when the Reserve Bank of India (“RBI”) replied to Shri Saket Gokhale under the RTI Act providing the details of 50 willful defaulters and the amounts owed by them as on September 30, 2019(1), it immediately snowballed into a political controversy with the Opposition alleging that the Modi government had favoured its friendly industrialists (some of whom have also gone fugitive economic offenders) with the waiver of Rs.68,607 crores.  The Press also fell prey to surmises and wrote that the RBI ..read more

The Origin: The United Nations Convention against Corruption(1)ratified by India on 9th May 2011 is the only legally binding universal anti-corruption instrument, whereunder countries are bound to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court, to extradite offenders. Under this Convention, countries are also required to undertake measures which will support the tracing, freezing, seizure and confiscation of the proceeds of corruption.  In his 2017-18 Budget Speech, the then Finance Minister Mr. Arun Jaitley  announced that ..read more

Modi 1.0 and 2.0 formats of governance had many Machiavellian moments of glory and triumph.  Electorally, the BJP party upscaled its tally of 282 Lok Sabha seats in the 2014 general elections to 303 in the 2019 general elections, again, a testimony for the deliverance of electoral promises and the growing public support it continued to garner.  If the multi-faceted metamorphosis brought into the state craft and the national resurgence created by the successive Modi governments can be one dimension of its trail blazing historic engagement with its citizenry, it is yet another to take ..read more