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Legal Remedies available to a Homebuyer if the Builder is Illegally Constructing Additional Floors on the Property

There have been numerous incidences where developers arbitrarily amend the real estate project plans to seek greater profits. Reducing carpet area, constructing additional floors, changing the building layouts are some of the ways in which builders try to seek greater profits from one single project. However, buyers are not helpless if they encounter such situations. There are various legal remedies available to a home buyer when a builder arbitrarily constructs additional floors and make changes in the sanctioned plan. Can a Builder/Promoter Construct Additional Floors? A builder, promoter, or realtor can construct additional floors. However, before proceeding with the construction,...

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Legal Remedies available to a Husband against False Accusations for Cruelty & Domestic Violence: Lawyers Advice

Domestic violence against spouses is an age-old issue, but it is only after the advent of electronic and digital media that we are getting aware about them. However, it may be noted that most of these cases reported deal with the violence suffered by a woman in the hands of men. Our media fails to recognize the domestic violence suffered by men, who share same fundamental rights with women. One of the biggest reasons for such biased reporting is the failure to understand that men too are Human Beings and misandry, or prejudices against men is a reality. Few...

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Legal Tips for Quashing of First Information Report (FIR) by the High Court: Lawyers Advice

According to Section 482 of the Code of Criminal Procedure, 1973, the High Courts have been conferred with inherent powers to pass any order to prevent the abuse of the procedure of the court and, otherwise meet the ends of the justice. Now, this inherent power may be utilized in quashing the First Information Report and further criminal proceedings. It may be noted that the First Information Report (FIR) shall only be quashed for offences of cognizable nature. Now, cognizable offences are those where the arrests can be made without a warrant. Also, the same shall be either bailable or...

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Legal Defences available to Male Employees in a False Case of Sexual Harassment of Women at Workplace: Legal Advice

A Brief Introduction to “Misandry” or prejudice against males: -In today’s world, every Tom, Dick and Harry is familiar with the word, “Misogyny”, i.e. strong prejudices against a woman. However, only few of us are known to a word called “Misandry”, which is hatred or prejudices against the men. Now, sometimes this misandry in some women leads to false sexual harassment, or rape related accusations against men. Interestingly, there is a concern among the mass for the protection of the women. Also, from time to time several government and non-government agencies have formulated schemes to secure the rights of the...

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Top Ten Legal Problems and Solutions with respect to Cheque Bounce Cases under the Negotiable Instruments Act of 1881: Lawyers Advice

With the expansion of the markets, instruments used in order to transfer money are being used more than ever. One of the most common instruments used is the ‘Cheque’ which may be used in various transactions such as the payment of bills, fees, transfer of money from one person to another among several others. It is important to ensure that this negotiable instrument as defined by Section 6 of the Negotiable Instruments Act, 1881 is not misused. Therefore, Section 138-142 of the Negotiable Instruments Act, 1881 provides for the penalties in the case of dishonour of the cheques or non-fulfilment...

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Legal Remedies Available for Recovering Money: Lawyers Advice

Trade & Commerce takes place in India on a daily Outstanding basis, at various levels and different avenues. However, it is important to keep in mind that in a lot of cases, there may be a default in this seemingly simple transaction and the creditor may be unable to recover his/her money. It is therefore essential to know the various legal remedies available for the recovery of money in India. The Indian legal system provides for remedies that are civil, criminal or out of court. Code of Civil Procedure, 1908:If one wants to pursue legal action of civil nature, the Code...

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Legal Remedies available from Personal Guarantors to Corporate Debtors under the Individual Insolvency Process: Lawyers Advice

While the Insolvency and Bankruptcy Code, 2016 is just a couple of years old, the IBBI has commenced the individual insolvency process under the IBC as well. The Chairman of the IBBI, Ms Sahoo stated that this process has been categorised into three categories which are – Personal guarantors to corporate debtors, Proprietary and partnership firms, The rest of the individuals. By a notification dated 15 November, 2019 as of 1 December, 2019 the Central Government has brought into effect Part III of the IBC, 2016. This article aims to examine the effect of insolvency proceedings of personal guarantors to...

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Laws & Legal Procedure for Voluntary Liquidation of One Person Companies (OPC): Lawyers Advice

The Insolvency and Bankruptcy Code, 2016 not only enables the insolvency proceedings of the insolvents but also contains provisions for solvent entities that want to themselves surrender their and refrain from carrying on their business. This article deals with the legal procedure for such voluntary winding up/liquidation of One Person Companies under the IBC. Governing Laws & Statutes – The Companies Act, 2013 – As per Section 2(62) of the Act, a one-person company is defined as a company which has only one person as member. The Insolvency and Bankruptcy Code, 2016 – • Section 59...

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Initiation of Insolvency Proceedings by Sole Proprietorships under the Insolvency & Bankruptcy Code (IBC) of 2016: Lawyers Advice

The recent conflicting decisions of various benches of the NCLT in India have created ambiguity and confusion as to whether sole proprietorships are covered under Section 3 (23) of the IBC as “persons”, a derivative which determines if they can initiate insolvency proceedings. Hence, this article seeks to examine and elaborate on the same. Sole proprietorship is a form of a business organisation which is owned and managed by one person. These firms aren’t regulated under any one law, thereby making them one of the simplest in terms of registrations and compliances. The Insolvency and Bankruptcy Code, 2016 – •...

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Laws & Legal Procedure for Unregistered Partnership Firms to File for Voluntary Winding-Up: Lawyers Advice

Unlike English Law where registration of partnerships firms is compulsory and a penalty is imposed upon registration, the Indian Partnership Act, 1932 doesn’t make registration compulsory. However, the legal effects of registration and non-registration vary. This article seeks to examine the legal procedure for unregistered partnerships firms to file for voluntary insolvency under the IBC. Before elaborating on the procedures and options available to unregistered partnership firms, it is crucial to analyse the governing statues and the respective sections for a better understanding. They are as follows – The Companies Act, 2013 – Sections 375-378 deal with winding up of...

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