The ‘Intent Test’: Upholding the Right to Housing by Distinguishing Genuine Homebuyers from Speculative Investors
Introduction The law focuses on the right to housing in the modern era, reaffirming its status as a fundamental right. The intersection of housing rights enshrined under Article 21 of the Constitution1 and insolvency law has created a legal conundrum with seismic implications. This was the primary holding of the Supreme Court of India in Mansi Brar Fernandes versus Shubha […]
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