28 May

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REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016(RERA) AND ITS IMPLICATIONS

in Criminal lawyer, Legal Advice, Startup Lawyers

The Real Estate (Regulation and Development) Act, 2016 here after referred to as ‘RERA’ is an act of the Parliament of India which seeks to promote the house-buyers as well as to boost investments in real estate industry. The Central and state governments are liable to notify the Rules under the Act within a statutory period of six months. The Real Estate Act makes it mandatory for all commercial and residential real estate projects where the land is over 500 sq.mtr, or eight apartments, to register with the Real Estate Regulatory Authority (RERA) for launching a project, in order to provide...

27 May

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REGISTRATION OF PROPERTY IN INDIA

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in Criminal lawyer, Legal Advice, Startup Lawyers

property registraion in india,,real estate lawyers in Delhi- canada,real estate lawyers in Gurugram-Toronta,real estate lawyers in Noida-Calgary

When a valid sale of a property takes place, it comes with certain compliances. For a valid sale of property, it must come with a valid sale deed or agreement and in order to give such sale deed a valid essence, it must be registered as per the Registrations Act, 1908. The registration of sale and purchase of immovable property is mandatory and ensures conservation of evidence, prevention of fraud and assurance of title. As per the Section 17 of the Registrations Act, 1908, all transactions involving sale of an immovable property for a value exceeding Rs. 100, should be...

24 May

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SALE OF IMMOVABLE PROPERTY IN INDIA

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in Criminal lawyer, Legal Advice, Legal Advisor, Uncategorized

Real Estate Lawyer in canada,,transfer of immovable property outside india,transfer of immovable property in india by nri

Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid or partly promised under Section 54 of the Transfer of Property Act OF 1882. For a sale to be a valid sale, it must cover the essential elements as prescribed under Section 54 of the Transfer of Property Act 1882. These elements are as follows:- Parties- In a sale, there has to be a buyer and a seller. Both of these parties must be competent to enter into a contract as per the Indian Contract Act. Subject Matter-...

24 May

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TRANSFER OF IMMOVABLE PROPERTY IN INDIA BY NON RESIDENTS INDIAN (NRI) AND FOREIGN NATIONALS

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in Legal Advisor, Uncategorized

The procedure and regulation for acquisition and transfer of immovable property by Non-Resident Indians (NRIs) is governed by Foreign Exchange Management Act, 1999 (FEMA). The Reserve Bank of India has been empowered under Foreign Exchange Management Act, 1999 (FEMA) to frame regulations for restricting, prohibiting and regulating the acquisition or transfer of immovable property in India by Non- Resident Indians. As per the direction of the regulations, a person residing outside India who is a citizen of India, Non-Resident Indian (NRI) or Person of Indian Origin (PIO) can acquire by way of purchase, any immovable property in India, other than...

11 May

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ROLE OF POLICE IN PREVENTION OF SEXUAL HARASSMENT UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013

Posted by 360 Digital

in Criminal lawyer, Legal Advice, Legal Advisor, Uncategorized

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In the year 2013, the Sexual Harassment of Women at Workplace (Prevention,Prohibition & Redressal) Act was enacted to keep check and prevent incidents of sexual harassment at workplace. Guidelines in respect of the Act were also framed for seeking quick and effective re- dressal. For an act to take place, it is not necessary that incident takes place at place of work only, it may also occur during any of the company events, work related travels, customer’s/client’s premises or any work related electronic communication. We know that for reporting an act, the complaint is made before Internal Complaints Committee, Local Complaints Committee...

11 May

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DEFENCES AVAILABLE TO MALE EMPLOYEE IN CASE OF FRIVOLOUS AND VEXATIOUS COMPLAINTS OF SEXUAL HARASSMENT

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in Legal Advice, Legal Advisor, Uncategorized

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Sexual harassment at workplace is a major problem which is faced worldwide. Sexual harassment does not only come in form of quid pro bono (if you will sleep with me, you will get promotion) but also in form of in appropriate jokes, showing pornography, direct or indirect unwelcome touching or any unwelcome in appropriate sexual behavior. When an employee claims sexual harassment to the internal committee or local committee, such internal committee of the company or local committee is bound to inquire into the matter and submit its report. Committing sexual harassment at workplace is definitely an act which affects...

11 May

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REMEDIES AVAILABLE TO WOMEN UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013

Posted by 360 Digital

in Legal Advice, Legal Advisor, Uncategorized

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Sexual harassment at workplace is a global problem whether it is a developed or developing nation, and India is also not new to this. Victims of sexual harassment face health and psychological problems. Where a sexual harassment has occurred at workplace, there are various remedies available under the Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act of 2013 where a woman can approach in order to get remedy. The first place where a victim can approach is the internal complaints committee. As per the act, all the workplaces consisting of 10 or more than 10 employees are...

01 May

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DEFENCES AVAILABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

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in Criminal lawyer, Legal Advice, Uncategorized

The Section 138 Negotiable Instruments Act of 1881 creates penalty for matters in which holder has drawn a cheque in favour of drawee with insufficient funds to his corresponding account. However, there can be instances where such holder of cheque has not intentionally acted in such a manner. Section 139 of Negotiable Instrument Act provides for presumption in favour of the holder that the cheque was issued for discharging an antecedent liability and presumption can be rebutted only by the person who drew the cheque. Hence, an accused under Section 138 matter can defend itself under Section 139 of the Act....

27 April

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Jurisdiction of Courts under Section 138 of the Negotiable Instruments Act of 1881

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in Case Study, Legal Advice, Legal Advisor, Startup Lawyers, Uncategorized

The Section 143 of the Negotiable Instrument Act of 1881, specifically provides for all offences under the chapter to be tried by Judicial Magistrate of First Class or Metropolitan Magistrate in accordance with summary trial provisions of Section 262 to Section 265 of Code of Criminal Procedure. It provides that in case of Section 138 of the Act, the Magistrate is empowered to pass a sentence up to one year imprisonment. It further provides, that if at commencement or during course of summary trial, Magistrate finds that nature of particular case is such that the sentence of imprisonment exceeding one year...

24 April

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SCOPE OF SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

Posted by 360 Digital

in Case Study, Legal Advice, Startup Lawyers, Uncategorized

Advent of cheques has given market a new dimension to corporate and commercial world for transaction. People prefer carrying and execute small piece of paper called cheque than carrying the currency worth the value of cheque. But, there is certain Section of society that intends to execute a cheque without having an intention to honor it. Prior to 1988, no legal provision existed which restrained people from issuing cheques without sufficient funds in their accounts or punishes them in event of the same. Thus, an amendment to ensure remedy against defaulters and to ensure credibility of the holder of instrument, a criminal...

REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016(RERA) AND ITS IMPLICATIONS

REGISTRATION OF PROPERTY IN INDIA

SALE OF IMMOVABLE PROPERTY IN INDIA

TRANSFER OF IMMOVABLE PROPERTY IN INDIA BY NON RESIDENTS INDIAN (NRI) AND FOREIGN NATIONALS

ROLE OF POLICE IN PREVENTION OF SEXUAL HARASSMENT UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013

DEFENCES AVAILABLE TO MALE EMPLOYEE IN CASE OF FRIVOLOUS AND VEXATIOUS COMPLAINTS OF SEXUAL HARASSMENT

REMEDIES AVAILABLE TO WOMEN UNDER THE SEXUAL HARASSMENT OF WOMEN AT WORKPLACE (PREVENTION, PROHIBITION & REDRESSAL) ACT OF 2013

DEFENCES AVAILABLE UNDER SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

Jurisdiction of Courts under Section 138 of the Negotiable Instruments Act of 1881

SCOPE OF SECTION 138 OF THE NEGOTIABLE INSTRUMENTS ACT OF 1881

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