Practical study-
Judgement-Entire written decision of court. It can be delivered in fully or
partial sense. It resolves the legal dispute and provides guidance for
future cases.
Ratio decidendi- legal term, reason for the decision., legal principle that
forms the essential basis of the court’s decision . part of the judgement
that lower court legally required to follow. Why? – as it establish binding
legal framework for future legal situation
Obita decta- remarks and statement made by judge, these are not
essential to decision of the case but something that judge marks it down
in the judgement. No binding authority and no binding legal force behind
it. Just has persuasive value. Not necessarily lower court should follow if
given by upper authority. Provides judges thinking.
It provides insights to judges thinking or to offer commentary on the
related legal issues.
𝗛𝗼𝘄 𝘁𝗼 𝗠𝗮𝗻𝗮𝗴𝗲 𝗮 𝗥𝗘𝗥𝗔 𝗖𝗮𝘀𝗲?
The process to manage a RERA case is designed to be consumer-friendly, providing a
structured mechanism to address disputes between homebuyers, promoters
(builders), and real estate agents.
𝗙𝗶𝗹𝗶𝗻𝗴 𝗮 𝗖𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝘁
• The first step is to file a complaint online with the relevant state RERA authority.
This isn't just a form; it's the foundation of your case.
• Please be careful with your documentation. Every payment receipt, email, and
agreement is crucial.
• Once filed, you'll get a case number and can track its progress on the RERA
website. Think of it as your case's digital footprint. It's all about due diligence.
𝗔𝗽𝗽𝗲𝗮𝗿𝗶𝗻𝗴 𝗶𝗻 𝗣𝗿𝗼𝗰𝗲𝗲𝗱𝗶𝗻𝗴𝘀
• An Advocate specializing in RERA matters can help you present your arguments
effectively, submit the right documents, and navigate the legal jargon.
• Having an expert by your side can make all the difference in achieving a
favourable outcome. This is not just about winning; it's about making sure your rights
are protected.
2- In the case of 𝗛𝗲𝗮𝗱 𝗗𝗶𝗴𝗶𝘁𝗮𝗹 𝗪𝗼𝗿𝗸𝘀 𝘃𝘀 𝗨𝗻𝗶𝗼𝗻 𝗼𝗳 𝗜𝗻𝗱𝗶𝗮, the Karnataka High
Court is set to hear a challenge to the newly enacted 𝗣𝗿𝗼𝗺𝗼𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗥𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻
𝗼𝗳 𝗢𝗻𝗹𝗶𝗻𝗲 𝗚𝗮𝗺𝗶𝗻𝗴 𝗔𝗰𝘁, 𝟮𝟬𝟮𝟱.
This legislation, which received the President’s assent on August 22, seeks to
prohibit all forms of real‐money online games, including skill‐based ones like rummy
and poker, raising serious concerns for the industry.
Head Digital Works, which operates the popular A23 platform, argues that the Act
blurs the long-standing distinction between games of skill and chance and threatens
thousands of jobs and substantial investments.
The Senior Counsels have requested the court to either delay the law’s notification or
at least give the industry a week’s notice before enforcement.
This is the first legal test of the new Act, and the outcome could have far-reaching
implications, not just for gaming operators, but also for millions of users and
investors.
hashtag#hc hashtag#gaming hashtag#law
3- Ever wondered whether a contract always needs to be signed to be binding? Turns
out the Supreme Court has given a resounding answer.
In 𝘎𝘭𝘦𝘯𝘤𝘰𝘳𝘦 𝘐𝘯𝘵𝘦𝘳𝘯𝘢𝘵𝘪𝘰𝘯𝘢𝘭 𝘈𝘎 𝘷𝘴. 𝘚𝘩𝘳𝘦𝘦 𝘎𝘢𝘯𝘦𝘴𝘩 𝘔𝘦𝘵𝘢𝘭𝘴 (2025), the Court held
that an unsigned contract can still be enforceable if both parties act upon its terms,
including the arbitration clause.
Despite the Indian buyer not signing the 2016 zinc supply contract, their clear
conduct, acting on invoices, issuing standby letters of credit referencing the contract,
and fulfilling obligations, showed genuine consent to arbitration.
The judgment affirmed that a party cannot later disavow the deal simply due to a
missing signature when their actions betray acceptance.
This development is a win for commercial pragmatism; legal formalities shouldn’t
derail genuine business agreements. It pushes us to look beyond pen-and-paper to
the reality of the parties’ intentions.
hashtag#law hashtag#arbitration hashtag#sc
4- The Supreme Court in 𝘛𝘢𝘳𝘢𝘣𝘢𝘪 𝘕𝘢𝘨𝘢𝘳 𝘊𝘰-𝘰𝘱 𝘏𝘰𝘶𝘴𝘪𝘯𝘨 𝘚𝘰𝘤𝘪𝘦𝘵𝘺 𝘓𝘵𝘥. 𝘷. 𝘚𝘵𝘢𝘵𝘦
𝘰𝘧 𝘔𝘢𝘩𝘢𝘳𝘢𝘴𝘩𝘵𝘳𝘢 & 𝘖𝘳𝘴. (2025) has delivered a landmark judgment that
strengthens the rights of landowners in redevelopment matters.
enjoy a 𝗽𝗿𝗲𝗳𝗲𝗿𝗲𝗻𝘁𝗶𝗮𝗹 𝗿𝗶𝗴𝗵𝘁 to redevelop slum areas situated on their property
Upholding the Bombay High Court’s ruling, the apex court held that landowners
under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment)
Act.
The Court went further to criticize the conduct of the Slum Rehabilitation Authority
(SRA), terming it “suspicious,” and observed that bypassing the landowner’s right
would be nothing short of a “travesty of justice.”
This ruling is a game-changer for Mumbai’s complex redevelopment landscape. It
underscores the importance of respecting due process, requiring statutory bodies
like the SRA to issue specific notices inviting redevelopment proposals, rather than
sidelining rightful landowners.
hashtag#sc hashtag#rera hashtag#realestate
5- Last month, the Bombay High Court directed MahaRERA to adopt a 𝗵𝘆𝗯𝗿𝗶𝗱
𝗵𝗲𝗮𝗿𝗶𝗻𝗴 𝗺𝗼𝗱𝗲𝗹, allowing homebuyers, developers, and societies to choose
between 𝗽𝗵𝘆𝘀𝗶𝗰𝗮𝗹 𝗼𝗿 𝘃𝗶𝗿𝘁𝘂𝗮𝗹 𝗵𝗲𝗮𝗿𝗶𝗻𝗴𝘀 for complaints and non-compliance cases.
Following that ruling, on 𝗔𝘂𝗴𝘂𝘀𝘁 𝟭𝟭, MahaRERA issued a circular outlining the SOP:
continue filing online, but now you can submit a request via your portal login if you
orders will be uploaded with 𝘁𝗶𝗺𝗲𝘀𝘁𝗮𝗺𝗽𝘀 for clarity and transparency.
prefer an in-person hearing. The daily cause list will indicate bench seating, and all
This move is a great step to uphold procedural fairness and accessibility, recognizing
that while virtual convenience is appreciated, in-person hearings can still play a vital
role for many.
hashtag#maharashtra hashtag#rera hashtag#advocate
4---
Simple Meanings of Legal Trigger Words (With Examples)
Bare Acts use technical phrases that often confuse readers. Here’s a quick
breakdown of 19 key legal terms with simple meanings & examples 👇
1️⃣Provided that → Only if
👉 Example: “You can enter, provided that you have a ticket.”
2️⃣Notwithstanding anything contained in… → Overrides other rules
👉 Example: “Even if another law says differently, this rule applies.”
3️⃣Subject to → Depends on
👉 Example: “You can do this, subject to Section 10.”
4️⃣Save as otherwise provided → Except
👉 Example: “This rule applies, unless another section changes it.”
5️⃣For the removal of doubts → Clarify
👉 Example: “To avoid doubt, this means X.”
6️⃣Without prejudice to → No harm to rights
👉 Example: “You can do this, without losing your other rights.”
7️⃣Unless the context otherwise requires → Depends on context
👉 Example: “‘Person’ includes a company, unless clearly meant only for individuals.”
8️⃣Insofar as may be → As much as possible
9️⃣Without prejudice to the generality → Examples don’t limit
👉 Example: “Here are examples, but the rule is still broader.”
🔟 As the case may be → Whichever applies
1️⃣1️⃣Deemed to be / Shall be deemed → Treated as true in law
👉 Example: “A child born in wedlock shall be deemed legitimate.”
1️⃣2️⃣Explanation → Clarification
1️⃣3️⃣Illustration → Example
1️⃣4️⃣Mutatis Mutandis → With necessary changes
👉 Example: “Apply the same rule here, but adjust where needed.”
1️⃣5️⃣So far as practicable → As much as possible in practice
1️⃣6️⃣Not later than / Within → Deadline
1️⃣7️⃣May → Optional
1️⃣8️⃣Shall → Mandatory
1️⃣9️⃣Or otherwise → Any other way
👉 Example: “By writing, email, or otherwise.”