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Laws and Legal Procedure for Reporting Online Defamation in India

What is Online DefamationDefamation is defined under section 499 of the Indian Penal Code, 1860 as whoever by words either spoken or written publishes any misinformation intending to harm someone’s reputation is guilty of defamation. The offense of Defamation is punished under section 500 of the Indian Penal Code, 1860. Defamation has the following essentials: i. The statement must be false. ii. The statement must refer to the plaintiff. It means that the plaintiff must prove without any reasonable doubt that the statement referred to him. A definite pointer is not necessary. iii. ...

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Legal Remedies available to a Homebuyer under the Real Estate (Regulation and Development) RERA Act, 2016

The real estate industry has been a serious affair for people who search for a risk-free investment. The real estate (Regulation and Development) RERA Act, 2016 addresses various grievances and tries to bring transparency in the real estate industry. The act has thus prescribed for the formation of the Real Estate Regulatory Authority in each state for promoting the interest of the buyers and to resolve their grievances. Any aggrieved homebuyer can file a complaint with the respective state regulatory authority for any violation under the Real Estate (Regulation and Development) RERA Act. Following are the legal remedies available to...

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Lodging a Complaint under the Real Estate (Regulation and Development) RERA Act, 2016

The Real Estate (Regulation and Development) Act, 2016 provides a forum to the buyers (allottees) where they can seek redressal of their grievances which often arise due to the misconduct of the builder/promoter or sometimes, the real estate agent. Prior to the enactment of this Act, home buyers were forced to seek redressal via consumer forums or civil courts. This Act not only addresses the grievances of the buyers but also acknowledges difficulties faced by the builders and promoters from time to time due to various reasons. Advantages of lodging a complaint under RERA One of the most common...

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Legal Remedies available to a Homebuyer if the Builder is Refusing the Registration of Property

The Real estate sector is jam-packed with legal obligations that are imposed on the builders and promoters. When a homebuyer purchases a flat or an apartment from a builder, the main aim behind such purchase is to acquire the legal title and ownership of the property from the builder so that the said property is truly theirs. One of the most important aspects of any execution of a sale/conveyance deed is its registration. A buyer must always get the sale/conveyance deed registered under his/her name in order to avoid future conflicts regarding the title of the flat. There are many...

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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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