Law Circa

Redefining Law and Policy

3D Printing of Organs and Patent Concerns in India

Intellectual property rights are awarded to individuals over creative works: inventions, literature, writings, designs etc. These rights give the owner the right to protect the work from unauthorised use by others for a limited time until the owner has rights…

Application for registration of real estate projects under Real Estate (Regulation and Development) Act, 2016 (RERA). (Section 4)

INTRODUCTION The Real Estate (Regulation and Development) Act 2016 (RERA) was enacted by the Government of India on  26th  March 2016. The act came into effect from May 1, 2017. This is a central Act and based on the conclusive…

Steps to be taken by a Victim of workplace sexual harassment

Introduction to sexual harassment Sexual harassment is the behaviour of making a person uncomfortable with explicit or implicit sexual overtones, including unwelcome or inappropriate advances and promise of rewards/using of threats to obtain sexual favors. Sexual harassment includes a range…

Pre-trial procedure in criminal matters in India

Introduction Criminal Procedure Code can be divided into three parts, with reference to the stage of proceedings it deals with, which are, the pre-trial stage, the trial stage and the post-trial stage. A fundamental portion of the Criminal Procedure Code…

Bombay High Court Upholds the Constitutional Validity of RERA

RERA Act has been a point of controversy ever since its enactment. Having lived a very short life, the practicality of the Act should be used as the basis for judging its worth.Unless  practical cases come into play it is…

Grant, extension and revocation of registration under Real Estate (Regulation and Development) Act, 2016 (RERA)

One of the salient features of RERA is the requirement of registration of the real estate project with the Real Estate Regulatory Authority (of the respective state) . Section 4 of RERA says that every ‘Promoter’ needs to make an…

CONCEPT OF PENDENTE LITE INTEREST IN ARBITRATION

INTRODUCTION Interest means money paid regularly at a particular rate for the use of money lent, or for delaying the repayment of a debt. In the court of law, pendente lite is a Latin term which means “awaiting the litigation”…

Registration and function of real estate agents under RERA.(Section 9 and Section 10 of Rera Act, 2016

INTRODUCTION The brokerage system occupies a prominent role and is an indispensable piece within the real estate sector. Simply stated, a broker is a middle-person who connects buyers and sellers of property and generally is compensated by a commision from…

Prior registration of real estate project With Rera ( Section 3 of RERA act)

Introduction India is one of the largest countries in the world in terms of area. And the housing sector has remained one of the largest contributors in its GDP. Still, there was no central law or legislation till 2016 to…

Essentials of Hindu Marriage

Introduction  In traditional Hindu society, the successful attainment of sixteen samskaras is considered of paramount importance in the course of one’s natural human life. According to the celebrated Hindu thinker Manu, the Vivaha Samskara is one of the most essential…

What are the Indian government’s policy towards Naxalites

Who are the Naxalites? The term ‘Naxal’ derives its name from the Naxalbari village in West Bengal. Their origin can be traced back to the division of the Communist Party of India (Marxist), which lead to the formation of Communist…

Right to Access Internet as a Fundamental Right in India

The freedom of speech enjoys a historical legacy in India, as can be seen in the way the country obtained freedom from its erstwhile British overlords. The struggle for freedom, in this sense, was a struggle for basic civil rights…

Is India moving towards lawlessness?

The current political and legal scenarios have seemed to instill fear in the mind of the common Indian citizen. We have witnessed a rise in vigilante crimes against the minorities in the form of mob lynchings, with men being beaten…

Parliament approves a bill providing the death penalty for sexual assault against children

In present-day India, rape has become of the worst evils of society. Every village, district, town, and the city is plagued with this crime. No one is spared when it comes to rape, whether it is a young woman, an…

Supreme Court’s Guidelines for Execution of Death Penalty

What is Death Penalty? Death Penalty is a legal procedure of putting an offender to death through execution of him/her for a crime committed by them for which they are convicted by a court of law. It is judicial execution…

Climate Emergency: Issue to be Concerned About

What is Climate Emergency? To understand what climate emergency is we should be aware of two terms climate crisis and emergency. Climate crisis is another name for global warming and emergency is a serious and dangerous situation requiring immediate action….

Mortgage Under the Transfer of Property Act

Mortgage Under the Transfer of Property Act In simple words, we can define mortgage as a legal agreement by which a bank, building society (creditor), etc lends money at interest in exchange for taking title of the debtor’s property, with…

Sabarimala Case Summary

Case Name:  Indian Young Lawyers Association & Ors vs. The State of Kerala & Ors. Citation:  Writ Petition(Civil) No 373 of 2006 Parties name:  Indian Young Lawyers Association (petitioner) Travancore Devaswom Board (respondent) State of Kerala (respondent) Pandalam Royal Family…

All you need to know about Corporate Social Responsibility(CSR)

Corporate Social Responsibility is an idea which requires corporations and organizations to consider and work towards the welfare and the interests of society at large by taking up such responsibilities that impact their customer bases, employees, shareholders, communities and the…

Whether District Commission can set aside ex parte order passed by it under the Consumer Protection Act, 2019?

Consumer protection legislation aims at ensuring consumer welfare, making them “benevolent social legislation”[i]. In India, the first such piece of legislation was passed in 1986 which was subsequently amended in 1991, 1993 and 2002. This was followed most recently by…

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