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Showing posts from February, 2016

‘Over 30% of lawyers have fake degrees’

NEW DELHI: The process of weeding out fake lawyers has begun across the country. Bar Council of India chairman Manan Kumar Mishra told TOI on Wednesday that results of an ongoing verification process may surprise many and far exceed the initial estimates that over 30% lawyers have fake degrees. "We have implemented the BCI Certificate and Place of Practice (Verification) Rules 2015 and have now made it mandatory for all lawyers to re-register in a new format where they have to compulsorily submit all their certificates starting class X board results," the BCI chairman said. These certificates will then be verified with respective universities and boards and the entire verification process is likely to be completed by 2016. All lawyers who have not practised in the last five years, will remain advocates but will not be allowed to practise. The Bar Council with the help of state governments have started setting up lawyers' academy in various states. The ...

Memorandum of understanding

Basic Information-  In the language of Black's Law Dictionary, the concept of Memorandum of Understanding is considered as a non-committal written statement detailing the preliminary understanding of the parties who plan to enter into a contract. As per the terminology states Memorandum of understanding (hereinafter the MoU) means, mutually agreed set of statements for the understanding. In simpler language, MoU is an agreement between two or more than two parties. It is considered that MoU is just an agreement, but sometimes it can be used a legal instrument in the arena of contracts; the MoU can be presented as an effective and technical tool for establishing clear objective and targets. The MoU is exchange of words between the parties, and the MoU can be enforceable if those words say so. In India, the MoUs are governed under Indian Contract Act 1972. As we have discussed that MoU is an agreement; the Indian Contract Act defines Agreement as a promise or a set of promises ...

Plea on rent Act’s legality, Delhi HC seeks property list

NEW DELHI: The Delhi high court wants to know the number of properties under rent control in the city. Last week, a bench of Justices B D Ahmed and Sanjeev Sachdeva sought such a list from the Centre and state government. HC is hearing a petition challenging the legality of the Delhi Rent Control Act on the ground it is an archaic peace of legislation violating fundamental rights of landlords. While seeking records of the properties, located mostly in prime areas of the city, the landlords who own them receive a pittance of rent as the DRC Act 1957 places a bar on increasing rent from tenants, the court remarked it seems "tenants are smiling and landlords are crying" because of the law. Appearing for an association of women landlords, advocate Shobha Aggarwal also drew the court's attention to a chart of minimum wage rate in Delhi. She pointed out that about 50% of properties under rent control fetch a monthly rent less than even the daily minimum wage of an unsk...

5 Things to know before purchasing a house or flat from the builder

Are you planning to buy your dream house? Have you made the final choice for your ideal home and just left with signing of the house agreement? Is your home loan approved? Are you also done with all the other major formalities? If the answer to the above questions is a yes, which makes you think that half of your burden is gone and the things ahead will go on in a smooth and orderly fashion, then you actually need to rethink. I say this because, even with the major work done, one still has the big task of protecting his/ her dream coming true, from the legal traps of the builder. In such a scenario, some points that need to be remembered and certain measures that should be taken against those tricks. Actual selling price of the house:  According to the property agreement, the buyer is required to bear the purchase price of the house. This cost includes the utility expenses such as water, electricity, parking, various taxes levied, and registration costs too, at times....