Advocate Sharda Ahuja

Buying a dream home often turns into a legal nightmare when things don’t go as planned  especially in under-construction real estate projects. Let me share a real case we’re handling that highlights what many homebuyers in India silently suffer, but don’t speak about. 🔍 The Backstory: My client booked a flat in a promising under-construction project and took a home loan to fund it. As per the agreement, the promoter-builder was to withdraw loan instalments from the bank based on the stage-wise progress of construction. However, the project got delayed. The builder failed to obtain the Occupancy Certificate (OC) on time. Result? 🏗️ The builder couldn’t withdraw the full disbursement from the bank. 💰 My client, however, is paying regular EMIs for a flat that hasn’t been handed over yet! And now, shockingly, the builder is demanding additional money with interest from the buyer even without handing over possession. 1. Unjust enrichment: Can the builder charge interest or demand add...

🧾 What Was the Dispute About? The case involved a dispute over the enforcement of a sale agreement for 1.26 acres of land. The plaintiff (Victory Granite Bricks Pvt. Ltd.) claimed they had paid the full consideration and even purchased stamp paper worth ₹1.8 lakhs to register the deal. However, the seller (Shaju) failed to execute the sale deed. In response, the seller denied being bound by the agreement and questioned its validity since it was unregistered . 🔑 Can an Unregistered Agreement Be Enforced? This was the core legal question. The defense argued that, following the Kerala Amendment to Section 17(1) of the Registration Act , all sale agreements must be registered to be enforceable. But the High Court took a firm stand: “Even if the agreement is unregistered, it is still admissible as evidence in a suit for specific performance due to the proviso to Section 49 of the Registration Act.” The court relied heavily on the Supreme Court’s ruling in R. Hemalatha v. Kasth...

💥 The Incident On a busy morning in Bengaluru, a tragic accident occurred near the HP petrol bunk on Kasturba Road. A woman named Sudha , while dropping her child to school on a scooter, was hit by a goods vehicle. She died on the spot. The driver of the goods vehicle was charged  but surprisingly, another person, Prabhakaran K., was also arraigned as Accused No. 2 . Why? 🛵 Why the Scooter Owner Was Prosecuted Prabhakaran claimed he had sold the scooter to the complainant before the accident and had nothing to do with it. However: The RC (Registration Certificate) still bore his name. The scooter was being driven by Sudha, who didn’t hold a valid driving license . Allegations were that Prabhakaran knowingly allowed her to drive the scooter without a license. ⚖️ High Court’s Reasoning The Hon’ble High Court refused to quash the FIR against Prabhakaran, holding: 📝 “Though he has claimed that he sold the scooter… still the RC is standing in the name of accuse...

In a recent landmark judgment, the Bombay High Court once again underscored a vital principle in matrimonial disputes: Just because a wife is earning does not mean she forfeits her right to maintenance. 🧑‍⚖️ The Case in Brief: Parties: A husband (Petitioner) challenged an order granting ₹15,000/month interim maintenance to his estranged wife (Respondent). Marriage Year: 2012 | Separation: Since 2015 Wife’s Income: ₹19,820/month as Assistant Teacher + minor earnings from tuitions Husband’s Income: Salary slips revealed monthly earnings up to ₹1.5 lakh, despite his claims of lower take-home salary and parental dependence. 🔍 The Core Issue: Can a woman who is employed and earning still claim maintenance from her husband? The Court’s answer: YES. Justice Manjusha Deshpande ruled that: “Merely because the wife is earning, she cannot be deprived of support from her husband with the same standard of living to which she was accustomed in her matrimonial home.” ✅ ...

A Practical Guide for Anyone Caught Off Guard by a Bank Freeze Due to Fraud Cases. You open your banking app to transfer money, only to be met with:   Account frozen due to suspected fraudulent activity. You call the bank. They mention a police request. But you received no case details, no email, no warning. You’re certain you’ve committed no fraud yet your financial life grinds to a halt. Rent is due. Salaries need paying. Bills pile up. And the worst part? You’re trapped in the dark. Critical Mistakes to Avoid   When fear takes over, people often worsen their situation. Steer clear of these:   1. Rushing to file complaints without facts  → Incomplete information weakens your case.   2. Transferring money to other accounts → Triggers deeper suspicion of fund diversion.   3. Believing it will "resolve itself" → Freezes rarely lift without intervention.   4. Threatening bank staff → Anger erodes cooperation; calmness builds...

Bombay High Court  Upholding Women’s Right to Choose in Late-Term Pregnancy – ABC vs. State of Maharashtra (2025) When justice meets empathy, courts don’t just interpret the law—they become a voice for the voiceless. In the recent case of ABC vs. State of Maharashtra (WP No. 7491/2025), the Bombay High Court delivered a compassionate and progressive verdict that reaffirms a woman’s constitutional right to reproductive autonomy even in the complex legal territory of late-term pregnancies. The Case at a Glance The petitioner, a 31-year-old woman in her 25th week of pregnancy, approached the Court seeking permission for a medical termination. Her pregnancy was the result of contraceptive failure in a consensual relationship. Now estranged from her partner and lacking familial support, she was unwilling and unable to carry the pregnancy to term due to severe emotional and financial hardship. Despite being physically fit for termination, the Medical Board noted that there was no m...

Unpaid invoices? Bounced cheque? Loan not returned? If someone owes you money and is avoiding repayment, the Indian legal system offers effective and speedy remedies. This guide explains the fastest ways to recover your money through legal action in India . The right strategy depends on: The amount involved Type of evidence (cheque, invoice, contract) Whether it’s a business or personal loan Let’s break down the quickest legal options available. 1. Summary Suit under Order 37 CPC If you have strong documentary proof like invoices, bills of exchange, promissory notes, or written agreements this is your best option. It’s Fast: The defendant cannot contest the case unless permitted by the court If they don’t respond within 10 days , you get a direct decree No need for prolonged trial or evidence stage 2. Commercial Suit (₹3 Lakh and Above) If your claim is ₹3,00,000 or more, file under the Commercial Courts Act . This ensures: Strict timelines Case mana...

Highlights of the Registration Bill, 2025 1. Online & Paperless Registration For the first time, the law enables full digital registration : E-document submissions and e-certificates Aadhaar-based or alternate digital ID verification Integration with other databases (e.g., land records) Citizens can register property from anywhere, reducing visits to Sub-Registrar offices. 2. Broader Scope of Compulsory Registration The Bill expands the list of documents requiring registration to include: Agreements to sell Power of attorney for transfer Sale certificates from authorities Equitable mortgages Developer or promoter agreements This ensures greater transparency and enforceability of property-related transactions. 3. Strict Grounds for Refusal & Cancellation Registration can be refused for: Non-identifiable property Lack of consent or capacity (minor, mentally incapacitated) Fraudulent or incomplete documents Registration can be cancel...

In a recent judgment, the Madhya Pradesh High Court in Smt. Anjali Sharma vs. Raman Upadhyay has addressed a sensitive but increasingly common question in matrimonial disputes: 👉 Can WhatsApp chats obtained without consent be admitted as evidence in divorce proceedings, even if they infringe on privacy? Case Brief The husband, alleging adultery, submitted WhatsApp chats from the wife’s phone as evidence in divorce proceedings. The wife objected, citing breach of privacy and illegal access. The Family Court allowed the chats to be marked as exhibits, the wife to file a petition before the High Court. Legal Issues Right to Privacy vs. Right to Fair Trial Admissibility of Illegally Obtained Evidence Application of Section 14 of the Family Courts Act, 1984 Interpretation of Section 122 of the Indian Evidence Act (communications during marriage) High Court Justice Ashish Shroti laid down  ruling : 🔹 "Evidence is admissible so long as it is relevant regardless ...

In a significant judgment delivered on June 9, 2025, the Delhi High Court addressed crucial aspects of cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). The case, Barun Bhanot v. M/s Annie Impexpo Marketing Pvt Ltd & Anr, provides the interpretation of legal notices and presumptions under the Act. Facts of the Case The case involved dishonored cheques worth ₹1,00,000 (two cheques of ₹50,000 each) issued by the respondent company. The petitioner, a consultancy service provider, claimed these cheques were issued towards partial payment of outstanding dues totaling ₹2,64,689. Legal Issues  - Validity of Legal Notice under Section 138(b) - Application of presumption under Section 139 - Standard for interference in acquittal cases The Court made several important observations: 1. Requirements of Legal Notice The service of demand notice under Section 138(b) of the NI Act is a condition precedent to filing a complaint. Since the provision is penal in nature, i...