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What and how Property Lawyers do their job

What’s real estate law all about? What's it that real estate lawyers do and how do they do it? These are the queries that pop up in one’s mind as one gets initiated in the real estate business and the only way one can get answers to these questions is by seeking advice. Oftentimes even after paying a couple of lakhs of rupees as a down payment on a flat, that is under construction the builder or developer does not start construction work on the plea that due to unforeseen circumstances, the construction work had to be withheld. A few months could very well have elapsed and the work may be pending. At this point, the developer/builder may be asked by the homeowner to clarify matters. Once the seemingly lackadaisical attitude of the developer is noticeable heated arguments may ensue followed by threats of a possible lawsuit by the homebuyer. The threat of a lawsuit is a deterrent for the contractor/builder who may retaliate by waiving off suing rights by signing one of the legal documents. Subsequently, the contractor who was unresponsive and had bolted would take the initiative of contacting the homebuyer. The homebuyer may ask the contractor to share copies of all relevant documents. If there is documentary evidence of waiving off suing rights amongst other rights then, in that case, it gets complicated, someone with little or no experience at all in real estate law ought to refer the case to an expert real-estate lawyer after providing initial legal advice.   Real estate laws, rules, and regulations Through networking, the extent of involvement in these matters is transparent. One may realize how real estate laws, rules, and regulations may affect one's daily lives. It can be intriguing knowing what is it that the real estate lawyers exactly do and more importantly how? The answer partially is - there are real estate law courses that qualify them to practice real estate law. Call 7604047601 for consultation with registered expert property lawyers on Vidhikarya.

Posted By

Avik Chakravorty

5 days ago

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India’s arguably generous maternity law benefits m...

In India, working mothers-to-be are far better-of than most of their peers in the developed world, however, the country’s maternity laws are archaic. A year or two ago, the country passed the Maternity (Amendment) Bill aimed at working women and their right to paid maternity leave from 12 weeks to 26 weeks which is the world’s third-highest. There is a no-win situation nonetheless — the law is meant for companies with a headcount of at least ten employees which is just a minuscule proportion of the working women of India.This limitation in maternity benefits is an upshot of the desire of the elite of India to merely mimic policies that are both purposed and executed in the West, without any sort of fine-tuning suiting Indian conditions. The maternity bill is an exemplary bill – phantom legislation that passes laws that don't have and in all probability will not be as effective as required. Progress or that one is doing something is an illusion, and is given, but the reality is something else. There is an ideological dimension to the law which is a part and parcel of what the Indian elite believes is good, just, and prestigious in communities transcending boundaries.Symbol of progressCanada and Norway are the only two countries, with GDPs per capita of 27 and 47 times higher than India’s, respectively, provide protracted maternity leaves in comparison with India. The moot point, however, isn’t the perception of generosity, but how the law is applied.It was estimated that the vast majority of Indian women shun work. While on the one hand the unorganized sector is comprised of over 80% of women working for companies with an employee headcount of less than ten. On the other hand, the organized sector comprises of 16% women workers, who do informal work, where the maternity law is not applicable.A more realistic assumption would be that a meagre 20% of the females work in the organized sector, then the law is potentially applicable to simply 1.3% of the workforce, or not even 1% of all females.Considering these off-the-cuff calculations, the unanswered question is why would India deplete its invaluable resources on ratifying a law that is applicable to a minuscule section of its growing population.Call 7604047601 for consultation with a registered expert maternity lawyer on Vidhikarya.

Posted By

Avik Chakravorty

1 week ago

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Consult Top Software License Lawyers in India

Arvind  Tripathi

Arvind Tripathi

Lawyer
Exp
Allahabad , Uttar Pradesh

Specialization

  • Software License
  • Civil
  • Criminal
  • Cheque Bounce
  • Divorce
Mr. Arvind Tripathi, Advocate is an Advocate with 30 years of experience in Civil and Criminal matters. He specializes in Service and Bail matters. He runs a Law Firm by the name of Mimansa Law Firm which is very reputed firm in the whole of Uttar Pradesh. View Full Profile
Total Answers Given : 2
Jatin  Sharma

Jatin Sharma

Advocate and Legal Consultant
Exp
South Delhi , Delhi

Specialization

  • Software License
  • Advertising
  • Animal Laws
  • Aviation
  • Debt and Lending Agreement
Total Answers Given : 1
Vishal  Saxena

Vishal Saxena

Advocate
Exp
South Delhi , Delhi

Specialization

  • Software License
  • Advertising
  • Animal Laws
  • Aviation
  • Debt And Lending Agreement
Total Answers Given : 1
Advocate Roshan  Khatri

Advocate Roshan Khatri

MD & CEO of Khatri Law House
Exp
Lucknow , Uttar Pradesh

Specialization

  • Software License
  • Family
  • Cheque Bounce
  • Civil
  • Consumer Protection
Based in Lucknow, Khatri LAW HOUSE is a team of experts that aims at giving the best to its clients. It has been in the field for 17 years and upholds ‘Professional Excellence’ as its motto. Khatri LAW HOUSE is a one of the Top law firms in Lucknow. Our Lawyers in Lucknow provide a legal servi View Full Profile
Total Answers Given : 1
Amit  Verma

Amit Verma

Advocate
Exp
Lucknow , Uttar Pradesh

Specialization

  • Software License
  • Advertising
  • Debt and Lending Agreement
  • Election Campaign and Political Laws
  • Environment and Natural Resources
Ramesh Babu Kasetty

Ramesh Babu Kasetty

Lawyer and Legal Consultant for Business
Exp
Hyderabad , Andhra Pradesh

Specialization

  • Software License
  • Contracts and Agreements
  • Criminal
  • Civil
  • Debt And Lending Agreement
Mr. Ramesh Kasetty is a highly experience and qualified law professional. He graduated in Law from Osmania University and has enormous knowledge on Contract drafting and reviewing, Trademark Process, Litigation services, Document review, Legal Notices, Bail petitions and other court matters in India View Full Profile
DHIRAJ  SAGAR

DHIRAJ SAGAR

ADVOCATE
Exp
Patna , Bihar

Specialization

  • Software License
  • Cheque Bounce
  • International Laws
  • Open Source Codes
  • Tax-Service Tax
Sudhir J. Parashe

Sudhir J. Parashe

Independent Lawyer
Exp
Kolhapur , Maharashtra

Specialization

  • Software License
  • Advertising
  • Debt And Lending Agreement
  • Financial Markets And Services
  • Landlord And Tenant
I am Sr. Advocate having more than 15 years of experience and practicing at Kolhapur & Pune city, handling all civil matters, corporate, banking, property, Consumer, Employment related, cheque bouncing & drafting of all documents/agreements. DRT matters, legal opinions, legal notices /replies View Full Profile
Kishore  Kumar Patnaik

Kishore Kumar Patnaik

Advocate
Exp
Koraput , Orissa

Specialization

  • Software License
  • Debt and Lending Agreement
  • Environment and Natural Resources
  • Intellectual Property
  • International Laws
Avijit  Roy

Avijit Roy

Exp
South Delhi , Delhi

Specialization

  • Software License
  • Advertising
  • Animal Laws
  • Environment and Natural Resources
  • Intellectual Property
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  • What is Software Licensing?
  • What are Software License Laws?
  • Which Specific Laws regulate software Licensing?
  • What is the Importance of Software License?

Enabling an individual or gathering to utilize a bit of software will be Software licensing. Almost all applications are licensed as opposed to sold. There are a wide range of sorts of software licenses. Some depend on the number machines on which the licensed program can run though others depend on the quantity of clients that can utilize the program. Most PC software licenses enable you to run the program on just a single machine and to make duplicates of the software just for reinforcement purposes. A few licenses additionally enable you to run the program on various PCs as long as you don't utilize the duplicates all the while. A software license (or software license in region use) is a legitimate instrument administering the utilization or redistribution of copyright secured software.

What is Software Licensing?


A software license is a legal instrument usually by way of contract law, with or without printed material governing the use or redistribution of software. Under copyright law all software is copyright protected, in source code as also object code form. The only exception is software in the public domain. A typical software license grants the licensee, typically an end-user, permission to use one or more copies of software in ways where such a use would otherwise potentially constitute copyright infringement of the software owner's exclusive rights under copyright law.

Software licenses are categorised as following-


  • Proprietary software is software which is the legitimate property of one party. The terms of utilization for different parties is characterized by contracts or licensing agreements. These terms may incorporate different benefits to share, adjust, and utilize the software and its code
  • A free software license is a software permit which gifts beneficiaries rights to adjust and redistribute the software which would some way or another be denied by copyright law. A free software permit awards, to the beneficiaries, flexibilities as consents to change or disperse copyrighted work.
  • Open source software alludes to any program whose source code is made accessible for utilize or change by clients and is made unreservedly accessible. Open Source empowers the clients to see and adjust the source code.

What are Software Licensing Laws?


There are no specific laws on software licensing in India. A computer Software Contract is governed by the principles of Indian Contract Act,1872. If the software is taken as goods then The Indian Sales of Goods Act,1932.
In the case of TCS the Apex Court considered computer software as goods. Even Intellectual Property once put into a media such as CD or DVD is considered as goods.

Specific Laws regulate software Licensing


Software licence are regulated by the Copyright Laws, Contract Laws, & the Trade Secret Laws.

  • Copyright’s Law – it has been framed in accordance with the changes demanded by TRIPS.
  • Contract Law- breach of contract under section 75 can secure the infringement under software licensing agreements. The infringement of the states of license is however subject to translation and rationale. The licensor however can secure such license by explicitly giving the terms and conditions under the assertion identifying with the rights and liabilities of the licensee and licensor himself. Just issue common in the viable market is the "standard terms" of the license which the licensee frequently overlooks while tolerating the license before downloading the software. The Indian courts have a cracked sentiment with respect to these STANDARD TERMS. Some have favoured the merchants and some have favoured the licensee
  • Trade Secret Law talks about protection of undisclosed information
  • Income Tax- software licensing, income emerging from permitting 'right to use' of Indian software purchasers is really offer of copyrighted article which does not include exchange of copyright and such receipt isn't royalty under Sec 9(1)(vi).

Importance of Software Licensing -


Businesses must be savvy in the licenses they purchase to ensure firstly they are using software legally and secondly, they aren’t paying for licenses that aren’t being used. By acquiring too many software licenses you’re wasting company resources, without enough you leave yourself liable to a potential lawsuit (which is quite costly). Finding the right license agreement can also make it easier to manage software in your company.

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