About Us

About Us:

Expert Jurist LLP, a top tier full-service law firm, is one of India’s most trusted legal advisers offering comprehensive counsel on a range of legal services. With over a decade of experience, diverse practice areas and expertise across multiple industry verticals, Expert Jurist LLP works with both domestic and multinational corporations, financial institutions, governments and public sector undertakings in India and across the globe.

Expert Jurist LLP. is an innovative, flexible law firm, focusing on delivering quick and reliable legal advisory and representation services to our Clients.

Headquartered in Mumbai and having offices in Pune, Karnataka and Delhi and associates Lawyers representing us in all the major cities of India. We offer our Clients an unmatched performance and a competitive pricing policy in almost all jurisdiction in INDIA, we have the capability to offer reliable legal support in any transaction, however complex it may be.

The Partners and members of the Firm are senior professionals with years of experience behind them. They bring the highest level of professional service to clients along with the traditions of the profession, integrity and sound ethical practices.

This network of alliances gives the benefit to the clients of a single window service provider, to deal with all kind of matters across the country under one umbrella.

OUR VISION AND MISSION IS TO PROVIDE BEST LEGAL SOLUTIONS TO OUR CLIENTS IN CHOSEN PRACTICE AREAS.


VISION - We endeavor to build our Firm’s reputation by satisfying each of our clients’ needs – one client, and one successful outcome, at a time. We will continue to expand the depth of our practice groups, as well as add new groups, in order to provide clients with a broad range of quality services. We will grow our legal team by selectively adding attorneys who can bring a new and diverse approach to client satisfaction. We will grow our support team by adding dedicated, personable and skilled professionals who can enhance our Firm.

MISSION - Expert Jurist LLP is a premier law firm that strives to achieve results that exceed expectations through Our Commitment to Our Clients Adding maximum value to their business

* Handling complex and sophisticated matters locally, nationally and internationally;

* Being accessible, efficient, responsive and technologically sophisticated;

* Our Commitment to Our Communities Providing extensive and worthy pro bono and public service;

* Promoting active involvement and leadership on the part of our firm and ourselves;

* Our Commitment to Ourselves Sustaining an enriching environment through diversity and teamwork;

* Striving to improve while celebrating our accomplishments;

* Assuring career opportunities by sustaining growth and financial strength.

>>> Our Mission is to provide our clients with a network of innovative legal solutions, excellent legal representation and a dedication to quality customer service.

Legal Article on Importance of Cyber Law and Punishments for Cyber Crimes

CYBER LAW AND PUNISHMENTS FOR CYBER CRIMES IN INDIA
Introduction:

Cyber law is the law governing computers and the internet.

Cyber Crime is not defined in Information Technology Act 2000 nor in any other regulation in India. 
Hence, to define cyber-crime, one can say, it is just a combination of crime and computer.
 In other words 'any offence or crime in which a computer is used is a cyber-crime'. 

Cyber space includes computers, networks, softwares, data storage devices(such as hard disks, USB disks etc), the internet, websites, emails and even electronic devices such as cell phones, ATM machines etc. 
In India, cyber laws are contained in the Information Technology Act, 2000 ("IT Act") which came into force on October 17, 2000. The main purpose of the Act is to provide legal recognition to electronic commerce and to facilitate filing of electronic records with the Government.
What is Cybercrime?
Cybercrime is defined as an unlawful action against any person using a computer, its systems, and its online or offline applications. It occurs when information technology is used to commit or cover an offense. However, the act is only considered Cybercrime if it is intentional and not accidental.
Example of Cybercrime:
  1. The fraud did by manipulating computer network.
  2. Industrial spying and access to or theft of computer materials.
  3. Writing or spreading computer viruses or malware.
  4. Digitally distributing child pornography.
  5. Intellectual property theft that includes software piracy.
Cyber law would apply to a scenario where data is 'stolen'. Consider my personal computer on which I have stored some information. Let us presume that some unauthorized person picks up my computer and takes it away without my permission. Has he committed theft? The elements to consider are whether some movable property has been taken out of the possession of someone. The computer is movable property and I am the legal owner entitled to possess it. The thief has dishonestly taken this movable property out of my possession. It is theft.
Importance of Cyber Laws
  1. We are living in highly digitalized world.
  2. All companies depend upon their computer networks and keep their valuable data in electronic form.
  3. Government forms including income tax returns, company law forms etc are now filled in electronic form.
  4. Consumers are increasingly using credit cards for shopping.
  5. Most people are using email, cell phones and SMS messages for communication.
  6. Even in "non-cyber crime" cases, important evidence is found in computers/ cell phones e.g. in cases of divorce, murder, kidnapping, organized crime, terrorist operations, counterfeit currency etc.
  7. Since it touches all the aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace therefore Cyber law is extremely important.
  8. The Government can simply impose a stricter liability (by way of imprisonment and fines) if the crime is committed using certain specified technologies. A simplified example would be stating that spreading pornography by electronic means should be punished more severely than spreading pornography by conventional means.
  9. Using cyber laws, one can seek help and recourse from cybercriminal activities such as data theft, identity theft, credit card fraud, malware attacks, the list goes on.
Categories of Cyber Crime
1. Cybercrimes against persons
2. Cybercrimes against property
3. Cybercrimes against government
 
1. Against a Person
 (a)Cyber stalking
 (b)Impersonation
 (c)Loss of Privacy
 (d)Transmission of Obscene Material
 (e)Harassment with the use of computer
 
2. Against Property
 (a)Unauthorized Computer Trespassing
 (b)Computer vandalism
 (c)Transmission of harmful programmes
 (d)Siphoning of funds from financial institutions
 (e)Stealing secret information & data
 (f)Copyright
 
3. Against Government
(a) Hacking of Government websites
(b)Cyber Extortion
(c)Cyber Terrorism
(d)Computer Viruses
 
WHAT IS PUNISHMENT FOR CYBERCRIME?
The following table shows the offence and penalties against all the mentioned sections of the I.T. Act −
Section
Offence
Punishment
Bailability and Congizability
65
Tampering with Computer Source Code
Imprisonment up to 3 years or fine up to Rs 2 lakhs
Offence is Bailable, Cognizable and triable by Court of JMFC.
66
Computer Related Offences
Imprisonment up to 3 years or fine up to Rs 5 lakhs
Offence is Bailable, Cognizable and
66-A
Sending offensive messages through Communication service, etc...
Imprisonment up to 3 years and fine
Offence is Bailable, Cognizable and triable by Court of JMFC
66-B
Dishonestly receiving stolen computer resource or communication device
Imprisonment up to 3 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-C
Identity Theft
Imprisonment of either description up to 3 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-D
Cheating by Personation by using computer resource
Imprisonment of either description up to 3 years and /or fine up to Rs. 1 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-E
Violation of Privacy
Imprisonment up to 3 years and /or fine up to Rs. 2 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
66-F
Cyber Terrorism
Imprisonment extend to imprisonment for Life
Offence is Non-Bailable, Cognizable and triable by Court of Sessions
67
Publishing or transmitting obscene material in electronic form
On first Conviction, imprisonment up to 3 years and/or fine up to Rs. 5 lakh On Subsequent Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh
Offence is Bailable, Cognizable and triable by Court of JMFC
67-A
Publishing or transmitting of material containing sexually explicit act, etc... in electronic form
On first Conviction imprisonment up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment up to 7 years and/or fine up to Rs. 10 lakh
Offence is Non-Bailable, Cognizable and triable by Court of JMFC
67-B
Publishing or transmitting of material depicting children in sexually explicit act etc., in electronic form
On first Conviction imprisonment of either description up to 5 years and/or fine up to Rs. 10 lakh On Subsequent Conviction imprisonment of either description up to 7 years and/or fine up to Rs. 10 lakh
Offence is Non Bailable, Cognizable and triable by Court of JMFC
67-C
Intermediary intentionally or knowingly contravening the directions about Preservation and retention of information
Imprisonment up to 3 years and fine
Offence is Bailable, Cognizable.
68
Failure to comply with the directions given by Controller
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable.
69
Failure to assist the agency referred to in sub section (3) in regard interception or monitoring or decryption of any information through any computer resource
Imprisonment up to 7 years and fine
Offence is Non-Bailable, Cognizable.
69-A
Failure of the intermediary to comply with the direction issued for blocking for public access of any information through any computer resource
Imprisonment up to 7 years and fine
Offence is Non-Bailable, Cognizable.
69-B
Intermediary who intentionally or knowingly contravenes the provisions of sub-section (2) in regard monitor and collect traffic data or information through any computer resource for cybersecurity
Imprisonment up to 3 years and fine
Offence is Bailable, Cognizable.
70
Any person who secures access or attempts to secure access to the protected system in contravention of provision of Sec. 70
Imprisonment of either description up to 10 years and fine
Offence is Non-Bailable, Cognizable.
70-B
Indian Computer Emergency Response Team to serve as national agency for incident response. Any service provider, intermediaries, data centres, etc., who fails to prove the information called for or comply with the direction issued by the ICERT.
Imprisonment up to 1 year and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable
71
Misrepresentation to the Controller to the Certifying Authority
Imprisonment up to 2 years and/ or fine up to Rs. 1 lakh.
Offence is Bailable, Non-Cognizable.
72
Breach of Confidentiality and privacy
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh.
Offence is Bailable, Non-Cognizable.
72-A
Disclosure of information in breach of lawful contract
Imprisonment up to 3 years and/or fine up to Rs. 5 lakh.
Offence is Cognizable, Bailable
73
Publishing electronic Signature Certificate false in certain particulars
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable.
74
Publication for fraudulent purpose
Imprisonment up to 2 years and/or fine up to Rs. 1 lakh
Offence is Bailable, Non-Cognizable.
 
Conclusion:
 in a society is dependent more and more on technology, crime based on electronic law-breaking are bound to increase.
Technology is always a double-edged sword and can be used for both the purposes good or bad
Hence, it should be the tenacious efforts of rulers and law makers to ensure that technology grows in a healthy manner and is used for legal and ethical business growth and not for committing crimes.
 
-- 
Regards,
Adv. Rajashri More(Auti)
ADVOCATE, BOMBAY HIGH COURT

EXPERT JURIST LLP.
Office No G-209, Tower-2, 2nd Floor,
CBD Belapur Station Complex, CBD Belapur 400614
Landline-022-49791116 | +91 9082975280
&
Office No 19, 2nd floor, Damodar Anandji Building,
66 Viju Kotak Marg, Fort, Mumbai 400001
 
 

Legal Article on Vicarious Liability and Criminal Law


VICARIOUS LIABILITY & CRIMINAL LAW

By : Adv. Rajashri More(Auti)

Expert Jursit LLP

 

Synopsis

  • Introduction

  • Concept of vicarious liability

  • Elements of Vicarious Liability of an Employer

  • Example of Vicarious Liability

  • Conclusion

Introduction:

       In cases of vicarious liability, one person is held liable for the criminal actions of another. An example of vicarious liability is when an employer is held liable for the action of one of his employees. Vicarious liability cases usually involve an employer incurring criminal liability for her employee's actions. 

Vicarious liability, sometimes referred to as "imputed liability," is a legal concept that assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm. Vicarious liability most commonly comes into play when an employee has acted in a negligent manner for which the employer will be held responsible

 

Concept of vicarious liability:

Vicarious liability, also known by the Latin term "respondeat superior," is the holding of a person or entity responsible for damages or harm caused by someone else. Most commonly thought of in employee-employer relationships, it applies in other situations in which a person or entity holds a superior position to an agent.

Elements of Vicarious Liability of an Employer:

The primary element of vicarious liability that must be proven is:

  1. The agreement the employee entered into as a condition of employment required the employee to work under the authority of the employer.

  2. Additional elements of vicarious liability require the employer to have control over the employee, and the actions of the employee to have fallen within the scope of his employment at the time of the incident.

Example of Vicarious Liability:

  1. A hires B as a forklift operator. While moving a large crate to the customer loading zone, B hits a customer's car, damaging it. B was engaged in the duties required by his employment, therefore A can be held vicarious liable for the damages.

  2. Selling alcohol to minors. In some jurisdictions, the employee's act of disobeying this order, whether voluntary or involuntary, will transfer criminal liability to the employer, incurring fines and possibly even jail time.

  3. Principal and Agent: Principal, in this case, is a person who authorizes someone to act on his/her behalf. While the other who is advised to act accordingly is called as the agent. It is always stated that the principal is stated liable for any act by his agent. It is important that the act is authorized by the principal for him to be held liable. The authority that principal acts can be in the form of implication or expressed.

  4. Master and Servant: In this case, the general rule is that the master is liable for all sorts of acts that are authorized by him. Also, it is included that the acts are done by the servant at the time of his/her employment.

Conclusion:

Usually person is not liable for the acts done by the other person. However, under the law of torts, a person can be held liable for another person. In short the liability of doing any wrongful act on behalf of another person is based on the concept of "Respondeat Superior". Also, this means that the superior should be let liable.

Adv. Rajashri More(Auti

Email ID - rajashri.auti@expertjurist.com

ADVOCATE, BOMBAY HIGH COURT


 

 

Social Causes and Role of Advocate

SOCIAL CAUSES AND ROLE OF ADVOCATES.

Author-Adv. Rajashri More(Auti)
ADVOCATE, BOMBAY HIGH COURT

SOCIAL CAUSES:
        Crime accompanies social life from its very beginning. It occurs in every society; Crime is consequence of many social and economic problems. Advocacy is taking action to support people to say what they want, secure their rights, pursue their interests and obtain services they need. Because of the social and demographic factors such as gender, age, or education level of people affected by the unemployment, there may be various relationships and impact on criminal activity. The analysis shows that unemployment brings on crime against property rather than violence.
        Factors including poverty, neglect, low self-esteem, alcohol and drug abuse can be connected to why people break the law. Some are at greater risk of becoming offenders because of the circumstances into which they are born.
Who commits crime?
 People are more likely to commit crime if they are: -
  1. Younger - The peak age for criminal convictions is 21-25 for males and 26-30 for females. For offences (minor crimes, eg breach of the peace) the peak age is lower for both males and females.
  2. Male - The majority of crime (73 per cent) is committed by men. Almost all violent crime is committed by men.
  3. Living in an urban area - The majority of crime happens in cities, particularly in city centers at weekends or in areas with poorer quality housing.
 
ROLE OF ADVOCATES
  1. provides emotional support to adult victims of sexual assault and domestic violence
  2. Notify victims of any sentence suspension motions,hearings and results.
  3. To promote the administration of justice.
  4. To conduct due diligence and get all the information relating to the property matters  also conduct the requisite searches both for the property at the lands office and also of the person named in the title as the registered owner
  5. prepare, review, amend and attest the Agreement for Sale.
  6. To provide free legal assistance to the indigent.
  7. legal aid to poor sections of the society or promotion of legal literacy or facilitating resolution of disputes through Lok Adalats.
  8. To listen the problems of Aggrieved persons and  give them legal advice, discuss their options, take instructions about what they want to do and help them understand how the law applies to their case.
  9. To maintain confidentiality with client while conducting his/her case.
 
Conclusion:
        Advocacy is a noble profession. The primary goals of advocacy are achieving social justice and people empowerment. The roles of advocates in social work include lobbying, organizing and helping to create positive change for their charges as well as indibviduals who are disenfranchised or vulnerable.
 
You can reach author at rajashri.auti@expertjurist.com

Coronavirus epidemic and offences by public.


Corona virus epidemic and offenses by public.
Ignorantia juris non excusat–("ignorance of law excuses no one").

It has been seen that after making rules and regulations to stop the spread of novel corona virus, many people violate the rules in ignorance and make offenses and the same have been registered in court of Law.
The violations include not observing lock-down, hiding or falsifying travel history, fleeing home quarantine, spreading rumors about the infection and advertising products with the aim of profiting from the outbreak. Lets discuss the various offences and the sections are alleged under the provision of law.
Offenses under the various acts are as below :

Indian Penal Code, 1860 :
Section 188 :- Disobedience to order duly promulgated by public servant.—
Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

Section 269 :- Negligent act likely to spread infection of disease danger­ous to life.—Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section 270 :- Malignant act likely to spread infection of disease danger­ous to life.—Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 271 :- Disobedience to quarantine rule.— Whoever knowingly disobeys any rule made and promulgated by the Government for putting any vessel into a state of quarantine, or for regulating the intercourse of vessels in a state of quarantine with the shore or with other vessels, or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both.

Section 505(2) :-
Statements conducing to public mischief.—
(1) ] Whoever makes, publishes or circulates any statement, rumour or report,—
(a) with intent to cause, or which is likely to cause, any offi­cer, soldier, 3[sailor or airman] in the Army, 4[Navy or Air Force] 5[of India] to mutiny or otherwise disregard or fail in his duty as such; or
(b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or
(c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to 6[three years], or with fine, or with both. 

(2) Statements creating or promoting enmity, hatred or ill-will between classes.—Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different reli­gious, racial, language or regional groups or castes or communi­ties, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

(3) Offence under sub-section (2) committed in place of worship, etc.—Whoever commits an offence specified in sub-section (2) in any place of worship or in an assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.]
(Exception) —It does not amount to an offence, within the meaning of this section when the person making, publishing or circulating any such statement, rumour or report, has reasonable grounds for believing that such statement, rumour or report is true and makes, publishes or circulates it 8[in good faith and] without any such intent as aforesaid.]
National Disaster Management Act 2005 :

Article 51B :-  Refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive Committee or the State Executive Committee or the District Authority under this Act, shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years. notes on clauses Clauses 51 to 58 (Secs. 51 to 58) seeks to lay down what will constitute an offence in terms of obstruction of the functions under the Act, false claim for relief, misappropriation of relief material or funds, issuance of false warning, failure of an officer to perform the duty imposed on him under the Act without due permission or lawful excuse, or his connivance at contravention of the provisions of the Act. The clauses also provide for penalties for these offences.

Article 52 :- Punishment for false claim.—Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine. —Whoever knowingly makes a claim which he knows or has reason to believe to be false for obtaining any relief, assistance, repair, reconstruction or other benefits consequent to disaster from any officer of the Central Government, the State Government, the National Authority, the State Authority or the District Authority, shall, on conviction be punishable with imprisonment for a term which may extend to two years, and also with fine."

Article 54 :- Punishment for false warning.—Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine. —Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine."

Maharashtra Police Act :
Article 37(3) :- The authority empowered under sub-section (1) may also by order in writing prohibit any assembly or procession whenever and for so long as it considers such prohibition to be necessary for the preservation of the public order :
Provided that no such prohibition shall remain in force for more than fifteen days without the sanction of the State Government.
Article 135 :- Penalty for contravention of rules or directions under sections 37, 39 or 40. - Whoever disobeys an order lawfully made under sections, 37, 39 or 40 or abets the disobedience thereof shall, on conviction, be punished-
(i) if the order disobeyed or of which the disobedience was abetted was made under sub-section (1) of section 37 or under section 39, or section 40, with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing, be less than four months and shall also be liable to fine, and
(ii) if the said order was made under sub-section (2) of section 37, with imprisonment for a term which may extend to one month or with fine which may extend to [two thousand five hundred rupees]; and
(iii) if the said order was made under sub-section (3) of section 37, with fine which may extend to [two thousand five hundred rupees].

Medicine Offensive Advertisment Act 1954 : Also Includes the Act made u/Maharashtra Covide-19 Remedies rules 2020 Rule-11  and  Epidemic Diseases Act 1897  Article 2,3,4.

Suggestion :-
People should develop their conscience and social duties to maintain Order and Justice because every problem cannot be solved by the Legal punishment.  



You can reach Advocate Padmashila @ Padmashila.tadke@expertjurist.com
Expert Jurist LLP

Introduction to RERA.

RERA ACT,2016

Drafted by: Mr. Harsh Shah (Legal Intern), Expert Jurist LLP


INTRODUCTION
 RERA is Real Estate Regulatory Authority. For every builder, it is compulsory to register the project under RERA before selling the product in retail market. Central government have instructed every state to implement it. The Indian Government passed the RERA Act in May 2016. Projects that do not have a completion certifacte/occupancy certificate  has to compulsorily be registered with the rera act.

SCOPE OF RERA
 The scope of RERA is very wide in respect to the Real Estate Sector. It covers all the new as well as ongoing projects that is under construction projects and it also includes both the residential and commercial buildings. It covers all the parties included in a Real Estate projects. Even the Real Estate brokers and agents also fall under the ambit of this Act. The main motive of RERA is to provide ease and comfort for the homebuyers that is why every state is required to set up an Appellate Tribunal for addressing the grievances of the homebuyers.

OBJECTIVE OF RERA
The main object of RERA is to bring transparency in the real estate sector and to bring faith among the customers and to bring a speedy development..

IMPACT OF RERA ACT
             With the implementation of RERA’s rules, builders have to disclose every detail of the project they have undertaken on RERA’s official website. More importantly, they have to update this information on a regular basis. This assures buyers of transparency regarding project timelines.
             As per RERA rules, you have to pay for the property on the basis of the carpet area or the area enclosed by walls. Builders cannot charge you for the super built-up area that includes lifts, balconies, stairs and lobbies.
             Builders have to put 70% of the money they collect from homebuyers into a separate bank account, which they can only use for construction purposes.
             RERA lays emphasis on timely completion of projects. Any delay means that the developer has to pay you interest of 2% over SBI’s MCLR for the period of delay.
             After you get a handover, you can report construction defects for up to 5 years and the developer  has to rectify them within 30 days at no cost.
             Developers have to resolve disputes with buyers within 120 days of it being filed.
             The developer or builder cannot make alterations or additions to the building plan without informing two-thirds of the owners about such a change. It can only proceed if a majority of homebuyers consent.
             The Act prohibits developers from taking more than 10% as advance from homebuyers.
             If at the time of possession you discover a discrepancy in your title deed, you can immediately ask for compensation from the developer.

How to Register Projects under RERA
             Open a bank account as specified by the Section 4 (2) (I) (D) of the RERA Act and then collect all the necessary documents.
             Fill and submit Form A, the form for RERA registration. As a promoter or agent you will also have to submit Form B, declaring your role within the real estate industry.
             Apart from this you may have to submit other forms as per RERA rules to clarify your project’s details.
             Pay the RERA registration fees to complete the registration process. This amount varies from state to state.

THE PRESENT SCENARIO
Even though the RERA was established quite some time ago , out of all the states there are 15 states which had  still not set up website with information regarding their status of real estate projects.

CONCLUSION
RERA came as a remedy for the home buyers because bad construction quality, delay in delivery of projects not following the sanctioned plans were common problems before the commencement of this Act. The existence of RERA is not only protecting the interests of the home buyers but also benefiting the builders because of the greater transparency. The concept of RERA is flawless if implemented as it is but because of the non-compliance of the rules by some of the states and the developers, it becomes very difficult to fulfill the exact purpose of RERA. The introduction of RERA Act is a huge step forward that is why the state Regulatory Authority needs to frame the rules according to the Act and not divert them in builder’s favour.

Legal Article on Importance of Cyber Law and Punishments for Cyber Crimes

CYBER LAW AND PUNISHMENTS FOR CYBER CRIMES IN INDIA Introduction: Cyber law is the law governing computers and the internet. Cyber Crime is ...