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Real Estate Laws

Sharada H v

REAL ESTATE LAWS: Real estate Regulatory Authority. ? Real Estate is a vast sector and growing because of the vast urbanization and globalization. It is one of the highest GDP sector of our country. It is providing infrastructure development for the various sector and Housing being one of the basic needs of Human community the Real Estate sector has been growing day by day. As such in the fast growth it is very much necessary that it should be regulated by the required laws of the country to avoid illegalities and also to have sustainable growth of the sector. it is also growing as it provides huge employment potential to the human resources. The Real Estate is governed by various laws, such as Land revenue Act, Transfer of property Act, Municipal corporation Act, etc. To give boost & regulate the Real Estate sector of the country RERA Act, has been passed. RERA Act is to give transparency & regulate the growth of the Real Estate sector in the Read More

what are the Rights and Duties of Aloottee/s under RERA Act

Sharada H v

 RERA Act prescribes certain rights & duties on the part of allottee/s also. Though Rera act gives protection to the Home buyers it also ensures that home buyers should perform their part of contract, duties and responsibility for the effective implementation of laws.  -     An allottee/s is entitled for getting sanctioned plans, layout plans approved by the competent authority along with specifications. Further allottee/s is entitled for all such information as required under the act.  -     Allottee/s is entitled to know the stage wise completion & development of the project along with provisions for electricity, water, sanitation with other amenities as promised under the agreement terms.   -     Allottee/s is entitled for the possession of the apartment/plot or building as the case may be while the association of allottees shall be entitled for possession of Read More

How to get compensation from builder under RERA act?

Sharada H v

Under sec.18 of the RERA act, If the Builder fails to complete and handover the possession of an apartment, plot or building on an agreed date under the terms of agreement, as the case may be and on such default of the builder the allottee/s have the right either to continue with the project and seek for delay compensation from the builder for the number of days delayed by the builder in handing over the possession of the apartment plot or building. (Handing over means & includes completion and occupancy certificate for the building/project). Or in the alternative to seek for cancellation and refund of the amount with interest at the rate of SBI Highest Marginal rate of lending plus 2% on the amount paid by the allottee/s till the date of payment.  (When the payments are made on different dates the calculation will be from the date of payment and on the amount paid.)   Karnataka Rera Rules, 2017 prescribes that the builder/developer is liable to oblige the order Read More

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


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


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


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 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

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