Section 14 IBC Moratorium Does Not Shield Promoters and Directors from Consumer Proceedings: Supreme Court Clarifies the Law
Introduction The interplay between insolvency proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC) and consumer remedies has been the subject of considerable judicial scrutiny over the past few years. While the IBC seeks to preserve the assets of a corporate debtor during the Corporate Insolvency Resolution Process (CIRP), questions have frequently arisen regarding the […]
Section 12A under IBC and its Evolution from Time to Time
Section 12A of the Insolvency and Bankruptcy Code, 2016 is one of those provisions that cannot be understood merely by reading its present wording. Its meaning has developed over time through judicial decisions, amendments to the CIRP Regulations and, most recently, the Insolvency and Bankruptcy Code (Amendment) Act, 2026. The provision deals with a seemingly […]
Joint Development Agreements (JDAs): Key Risks Landowners and Developers Should Watch For
Joint Development Agreements (JDAs) are widely used in India’s real estate sector, allowing a landowner to contribute land while a developer provides construction expertise in exchange for a share of the completed project. Under a JDA, the landowner transfers development rights to the developer while retaining title to the land. This model unlocks value for […]
Possession Delays and Builder Defaults: Legal Remedies Under RERA
The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted to protect homebuyers and ensure accountability from builders. Under RERA, every project must be registered and adhere to approved plans and timelines. If a promoter (builder) misses the promised possession date or violates agreed terms, the law gives the buyer strong remedies. Notably, Section […]
Redevelopment Disputes in Housing Societies: Common Legal Challenges Explained
This article is authored by Naresh Chheda, Founding Partner at Avyaan Legal Redevelopment has become one of the most significant trends in urban India, particularly in cities where ageing buildings, limited land availability, and changing lifestyle expectations have made reconstruction a practical necessity. While redevelopment promises safer buildings, improved infrastructure, and better living standards, it […]
Why Title Due Diligence Matters Before Buying Any Property in India
This article is authored by Naresh Chheda, Founding Partner at Avyaan Legal. Buying property is exciting, but a big purchase can turn into a headache if you skip the legal checks. Many buyers focus on price and location and overlook ownership issues. In fact, experts say that for thousands of people each year, a promising […]
Vanashakti v. Union of India (2026):Supreme Court Clarifies India’s Approach to Environmental Clearance Violations
This article is authored by Naresh Chheda, Founding Partner at Avyaan Legal and Sakina Electricwala, Principal Associate at Avyaan Legal. Environmental regulation in India has long sought to strike a balance between economic development and ecological protection. The requirement of obtaining prior Environmental Clearance (EC) before commencing specified projects under the Environmental Impact Assessment (EIA) […]
Bombay High Court Holds Section 96 IBC Moratorium Does Not Stay Section 34 Arbitration Proceedings
This article is authored by Naresh Chheda, Founding Partner at Avyaan Legal and Sakina Electricwala, Principal Associate at Avyaan Legal. The Bombay High Court has recently clarified the scope of the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 (IBC) in the context of arbitration proceedings. In Nav Munjal Co-operative Housing […]
