By: Live Law News Network 17 April 2019 12:50 PM GMT Both, the Consumer Protection Act, 1986 and the Real Estate (Regulation and Development) Act, 2016 are supplemental to each other and there is no provision in the Consumer Protection Act which is inconsistent with the provisions of RERA. The National Consumer Disputes Redressal Commission(NCDRC) has held that Real Estate (Regulation and Development) Act 2016(RERA) does not bar filing of a complaint under the Consumer Protection Act 1986 against a builder/developer. The bench headed by Justice R K Agrawal was dealing with a batch of complaints filed by homebuyers for compensation from Today Homes & Infrastructure Pvt Ltd for not delivering possession of flats within the stipulated time. The builder/developer raised preliminary objections against the maintainability of complaints on two grounds : After the commencement of RERA, consumer complaint was not maintainable, as Section 79 of RERA bars jurisdiction of civil courts. … [Read more...] about RERA Does Not Bar Homebuyers’ Complaint Under Consumer Protection Act Against Builder/Developer: NCDRC [Read Order]
Protect act
Dem Lawmakers Pushing Journalist Protection Act
Citing President Donald Trump’s continued criticism of the press, Democrats have reintroduced the Journalist Protection Act, The Washington Times is reporting. The bill would make it a federal crime to intentionally assault a journalist “in the course of reporting or in a manner designed to intimidate him or her from newsgathering.” The proposed legislation was offered by Rep. Eric Swalwell, D-Calif. And Sens. Richard Blumenthal, D-Conn., and Robert Menendez, D-N.J., the newspaper said. “We must protect journalists in every corner of our country if they are attacked physically while doing their job, and send a strong, clear message that such violence will not be tolerated,” Swalwell said. “That is what my bill, the Journalist Protection Act, would do.” And in a tweet, Swalwell added: “From tweeting #FakeNews to proclaiming his contempt for the media during campaign rallies, the President has created a hostile environment for members of … [Read more...] about Dem Lawmakers Pushing Journalist Protection Act
Wildlife and off-roaders gain room to roam in California’s new desert protection act
The act was co-sponsored by Sen. Feinstein (D-Calif.) and Kamala Harris (D-Calif.), and Reps. Paul Cook (R-Yucca Valley), Juan Vargas (D-San Diego), Raul Ruiz (D-Palm Desert) and Pete Aguilar (D-Redlands) and is the result of years of often contentious negotiations among elected officials, environmental organizations, business owners, veterans, faith leaders, historians, off-highway and RV organizations, rock hounds and tribal leaders. … [Read more...] about Wildlife and off-roaders gain room to roam in California’s new desert protection act
Virginia incumbent protection act ruled unconstitutional
The US Court of Appeals for the Fourth Circuit ruled Wednesday that Virginia’s Incumbent Protection Act violates the First Amendment The court of appeals held that the act infringes on political parties’ First Amendment rights to free association because it limits their ability to select candidates for office as they deem appropriate. Virginia generally allows political parties to nominate candidates with considerable discretion. The duly constituted authorities of any political party may determine the method by which their candidates will be selected. For instance, the Republican Party of Virginia utilizes a primary, a party canvass, a convention and a mass meeting to select candidates. However, the court held that Subsection 24.2-509(B) unfairly empowered a lone incumbent candidate to choose the method of selection that they prefer, circumventing the party’s preferred method of selection. As a result of this determination the entirety … [Read more...] about Virginia incumbent protection act ruled unconstitutional
Opinion: Protect Michigan nonprofit donors’ privacy
opinion Sean Parnell Published 10:51 PM EST Dec 16, 2018 Anonymous donations to charities and other nonprofits are a deeply ingrained part of our nation’s culture of giving, stemming from reasons as varied as religious obligation, a sense of humility, a desire to avoid future solicitations, limiting family strife, and countless others. Over the next few weeks of the Christmas season residents of Michigan and around the nation can expect to hear news reports of anonymous donors dropping gold Krugerrands into the iconic red kettles of the Salvation Army, as has happened every year at this time for decades. Unfortunately not everyone respects the longstanding norm of privacy for nonprofit givers, in particular politicians and activists seeking to target those who disagree with them. In response to this threat, Michigan’s Legislature should take the lead in protecting nonprofit donors by passing Senate Bill 1176, the Personal Privacy Protection Act. The bill would do … [Read more...] about Opinion: Protect Michigan nonprofit donors’ privacy