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REGISTRATION OF PROPERTY IN INDIA

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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...

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SALE OF IMMOVABLE PROPERTY IN INDIA

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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-...

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

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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...

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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

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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...

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

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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...

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

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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...

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

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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...

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Outsourcing Agreement: Foreign Company & Indian Company

The professional team of Advocates & Lawyers of My Lawyers Advice are taking up an initiative solely to educate and enlighten the public at large with respect to the various aspects of different laws and/or legislations vis a vis their legal implications and importance while duly considering the legal procedures involved. The professional Advocates & Lawyers are sharing their experiences solely for the purpose of spreading legal education. The name of the actual entity and/or person is hidden and shall be hereinafter mentioned and referred to as “Querist”. Our Querist is a Media Company, which is into the field of rendering...

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PRIVACY & PERSONAL DATA PROTECTION: EMPHASIS

In the background of recent security breaches and computer databases hacks the protection of databases assumes utmost priority. The loss of data or its derivatives could lead to data hacks, personal data misuse, illegal financial transactions and abuse of the data for ulterior motives. Under the present laws, personal data can only be gathered legally under strict conditions, for a legitimate purpose. Furthermore, persons or organisations which collect and manage your personal information must protect it from misuse and must respect certain rights of the data owners which are guaranteed by the Indian laws The present data sharing laws within the various...

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LEGAL CHALLENGES BEFORE STARTUPS IN INDIA

The professional team of Advocates & Lawyers of My Lawyers Advice has been dealing with numerous Startups and been rendering their legal advice to them. Startups have become the go-to option to start any business, however, they are not prepared for the challenges which has become the cause for their failure. One of the biggest challenges faced is in identifying the right business structure. The necessary legal compliances depend on the structure of the business, further the business structure must be compatible with the business that is ought to be conducted. Once the business structure is identified, they must ensure...

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