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Article 48 of the Constitution

Article 48 of the Constitution lays down that “The State shall endeavor to organise agriculture and animal husbandry on modern and scientific lines and shall, in particular, take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle”. The existence of such a provision has always been controversial and debated upon as many believe that it goes against the secular nature of the Constitution and to fully understand what this article mean we must look at history and how it has been interpreted by the Courts, what the actual intention behind this Constitutional provision was and how it has evolved. On examining the Constitutional assembly debates, we find that the arguments made for this provision to be included in the Constitution were on economic ground and were also substantiated through religious claims. Though the petitioners asking for this amendment wanted it to be fundamental right but could not go Read More

RAJASTHAN HIGH COURT ISSUES NOTICE ON EXTENSION OF REAL ESTATE PROJECT TIMELINES FOR COMPLETION

Sharada H v

 Due to the Covid-19 pandemic the Real estate sector in the country has suffered huge setback. Due to lockdown & after relaxation non-availability of labor has made the real estate sector to come to a standstill. There are thousands of Real estate projects and Lakhs of homebuyers are waiting for the possession of their dream homes. Even prior to the Covid-19 situation the Real Estate Industry has seen slow growth & progress. There were lakhs of home buyers in the country waiting for completion & handover of the projects. So the Central govt. has passed RERA act to regulate the real estate industry & to ensure accountability of the Real Estate Developers. During the Lockdown situation in the country & on request of the CREDAI with Builders/Developers the Central Govt has declared the COVID-19 as FORCE MAJEURE situation. In view of the same all the real estate projects which were due for completion under RERA registration have got an automatic extension of Read More

AMENDMENT OF TOWN & COUNTRY PLANNING ACT, 2020 TO BOOST REAL ESTATE IN KARNATAKA

Sharada H v

 The State Govt. has passed an ordinance on 22nd May 2020 to the TOWN & country planning act. Under the New Amendment act, The Developer shall provide a Provisional plan and Plan of phased development wherein the Developer/Builder can develop the project in three phases. The developer/Builder can develop the first phase with 40% development of the layout and thirty percent in the second phase & remaining 30% in third phase. Thus after the area earmarked for roads, parks, Playground & other civic amenities of the entire layout area & after completion of the all infrastructure in first phase development the builder has to get the completion certificate from the concerned authority along with first phase development plan and then the developer/builder will be given permission to sell the sites of the first phase development.  The permission to sell will be given only after the registration of the Real Estate Project with RERA.  Similarly the Read More

CHECK LIST FOR VERIFICATION OF LEGAL DOCUMENTS OF FLAT/PLOT/ SITES

Sharada H v

 Title Deeds/ Mother Deed of the land RTC/Pahani of land Mutation Entry of land IHC Certificate Nil Tenancy Certificate Family tree Tippani Akharbandh Land Survey records, Survey Assessment Atlas Village map Index of lands RR balbagh Secondary reclass tippani Endorsement issued by Assistant Commissioner under sec.79A & B of KLRA & under sec.4 of PTCL Act Registered Partition Deed/s Registered Sale Deed/s Registered Gift Deed (If any executed) Will/s(If any executed) Mortgage Deed and Discharge Deed (If land was mortgaged for any banks to secure loans) Encumbrance certificate of land/s for past 30 years Tax paid receipts Registered Joint Development Agreement Executed between Builder & Land lord/s Registered General Power of Attorney Executed by Land lord/s in favor of Builder Conversion order issued by Deputy commissioner permitting the Read More

Cyber Space Intellectual property issues and International Regimes

COPYRIGHT ISSUES IN CYBER SPACE LINKING: “Linking” allows an internet site user to go to another website on the web without leaving that specific website. By clicking on a word or image in one web page, the user can view another Web page somewhere else in the world, or on the same server as the original page. Linking may damage the rights or interests of the owner of the page that is linked to in two ways: Linked-to sites can lose income as their revenues are often tied to the number of viewers who visit their home page, and; It may create the impression in the minds of users that the two linked sites endorse each other or are somehow linked to each other. For example, A makes a homepage for his website, and on the homepage he places some advertisements, from which he can make some money and it contains links to various subordinate pages. Then, B creates his website, which contains links to A’s subordinate pages. This is called deep linking. Because of this, Read More

ANTICIPATORY BAIL – CRUELTY BY HUSBANDS

ANTICIPATORY BAIL – CRUELTY BY HUSBANDS The paper today is concerned with: The matter of anticipatory bail under the India Penal Code (IPC) for offences registered under Section 498 A and Sections 3 and 4 of the Prevention of Domestic Violence Act. This paper discusses the tendency and likelihood of receiving anticipatory bail in such situations, and usually, the procedure one needs to follow if they are at the receiving end of prosecution under these sections. In order to begin the objective of the paper, one needs to first understand the nature of anticipatory bail provided for under Section 438 of the Code of Criminal procedure (CrPC), which is an extension to the general provisions of bail, whereby a person, in anticipation of arrest may apply to either the District or High Court for a conditional bond such that in fulfilling these conditions that person may be arrested for the anticipation he has given before the court. It is important to note that anticipatory Read More

All you need to know about CLAT 2020

Neha Roy

CLAT 2020 CLAT stands for Common Law Admission test. It is a centralized test for admission in National Law Universities in India. Any individual who is willing to pursue law from a National Law University in India has to appear for CLAT examination. It offers admission in Undergraduate(UG) and Postgraduate(PG) law coursed offered by 22 NLU’s and other Universities/Colleges accepting CLAT scores. Eligibility Any individual who has passed higher secondary/intermediate (10+2) or its equivalent certificate from any recognized board with not less than 45% in aggregate, 40% in case of SC and ST candidate can sit for the exam. There is no age restriction for CLAT examination. Exam Pattern The duration for law exam is two hours. The question paper consists of 150 multiple choice question. There are five sections in CLAT examination which is:- ·       English Grammar and Read More

Cheque Bounce Notice

Cheque Bounce Notice A cheque is a bill of exchange which is payable on demand. There are two parties in a transaction, the person who issues the cheque is known as the drawer, whereas the person under whose favour the cheque is issued is known as the drawee. A cheque bounce is a situation in which the cheque cannot be processed because of the insufficient funds that are available in an individual’s bank account. There are many reasons which can lead to a cheque bounce. To overcome such scenarios, the drawee issues a cheque bounce notice or a demand notice to the drawer. The Cheque bounce notice states that if the amount due is not paid within the prescribed time, and then the drawee will initiate legal proceedings under section 138 of the Negotiable Instruments Act 1881 against the drawer.  According to section 13 of the Negotiable Instruments Act 1881, a negotiable instrument means a bill of exchange, promissory note, or a cheque. The cheques are governed under the Read More

Rent Deference During the Pandemic

Rent Deference During the Pandemic The Coronavirus pandemic has prompted the nation to its most jarring standstill in a long time, and most governments and companies are still figuring out different ways to deal with the sudden halt of global supply chains. The lockdown has slowed down markets, factory operations and several businesses, affecting employment and source of income of many. Rental agreements Rental agreements in India are the most common types of agreements as India being one of the most populated countries, does not have enough resources and utilities per capita. People here work by renting places, and most of the outstation employees, workers and students who come to work and study also prefer to stay in a rented flat. It is important and always advisable that property-related deals shall be secured through legally binding agreements on the parties involved. It does not matter that Read More

Bois Locker Room- Another Ugly face of Cyber Crime

Neha Roy

BOIS LOCKER ROOM-ANOTHER UGLY FACE OF CYBER CRIME Respecting women has always hung heavy on our generation, hasn’t it? The latest incident is enough to showcase the misogyny embedded in the heads of lecherous teens. On May 3, an Instagram group chats of some teenager boys with the name “boislockerroom” got public were they were found exchanging pictures of girls, making inappropriate comments and objectifying them. Those boys are from Delhi and nothing makes me more sad than this that they were from well education background. We talk about education solving problems and this is what well educated and our upcoming generations are doing. This incident came to light after a girl from South Delhi made the screenshots public on social media exposing the group. The leaked screenshots witness school boys sharing photos of underage girls, degrading them and also planning gang rapes. So, basically rape is just a word for those teenage boys. This group is active since Read More

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