Posts

The Legal Significance of a Registered Sale Deed in the Transfer of Immovable Property: An Analysis

In the realm of property transactions in India, particularly concerning immovable property, the distinction between an agreement to sell & a registered sale deed assumes paramount importance. An agreement to sell is often misconstrued as a document conferring ownership rights , yet judicial pronouncements by the Hon’ble Supreme Court of India and statutory provisions under the Transfer of Property Act, 1882, consistently emphasize that ownership of immovable property is transferred only through a duly registered sale deed.  An agreement to sell constitutes a contractual framework wherein a buyer expresses intent to acquire immovable property, & a seller often a developer undertakes to complete a project and transfer ownership by a specified date, contingent upon payment(schedule of payment).  Despite clause for possession or issuance of an allotment letter, this agreement lacks the legal efficacy to transfer ownership. Section 54 of the Transfer of Property Act, 1882, ...

The Pillars of Indian Capital Markets: SEBI, Stock Exchanges, Depositories, and the Regulatory Framework

The Indian stock market stands as a cornerstone of the nation's economic architecture, acting as a vital engine for capital formation and a crucial platform for investment. By providing a structured and regulated environment for the trading of securities, stock exchanges empower companies to raise essential capital for growth and innovation, while simultaneously offering investors diverse avenues for wealth creation. This intricate ecosystem is underpinned by a robust legal framework and facilitated by key institutions, primarily stock exchanges and depositories, each playing a distinct yet interconnected role in ensuring the efficient and transparent functioning of the market. As per the Securities Contracts (Regulation) Act, 1956 under Section 2(j) defines a “stock exchange” means—  (a) any body of individuals, whether incorporated or not, constituted before corporatisation and demutualisation under sections 4A and 4B, or  (b) a body corporate incorporated under the Companie...

Legal scenario of NDTV stake purchase by Adani

Image
The buzzing news that NDTV stake was acquired by Adani group is making story these days.  The most cruicial entity is Vishvapradhan Commercial Private Limited known as VCPL as it holds warrants of RRPR Holding Private Limited and is entitled, to convert them into 99.99% stake.  VCPL has exercised warrants to acquire 99.5% stake in RRPR. Such acquisition will result in VCPL acquiring control of RRPR(believed to be named after fouder Radhika Roy and Prannay Roy) is a promoter of NDTV and holds 29.18% stake in NDTV.  In past RRPR holdings pvt ltd had taken a loan from VCPL which was interest free, but it had  a condition wherein they had issued the warrants, through which VCPL had the right to convert them into a 99.9 per cent stake in RRPR in case the loan was not repaid.  AMNL(AMG Media Networks Limited) & AEL(Adani Enterprises Ltd) , subsidiary of Adani Group, which host the media business of the Adani Group to played an important role after AEL acq...

Population Control Laws, Bills and Policies in India

Legal Status and Rights of a Dead Person

As per current scenario in India there is no specific statutory law in India for specifically made for the rights of the dead. There are some judgements,customary laws,partial provisions in other statutes and basic principles for upholding the dignity and protecting the Rights of the Dead Person. As a dead person is incapable of executing any of his rights or obligations as he/she would have done when alive, the only option to do it is through a valid law. Currently from the last rites as per once religious beliefs to execution of a will all are governed by customary law, but case becomes complicated when person dies as unidentified or intestate. Moreover the problems dealing with right to reputation and organ transplants e.t.c. After a while due to land shortage the old burial sites are destroyed or reused after some years, I will also be inspecting validity of such orders by government. Also I will discuss the alternative stands taken by jurists as to conferring legal statu...

The Bombay Plan Book review (World Book Day)

Image
  One of most well written book. This book is short commentary about outline of Bombay Plan. book revisits the Bombay Plan to show how it was not only prescient in its approach to development, but was also influential in shaping economic planning and public policy in the first decade after India’s independence. This was a plan made by 8 noted Industrialists envisaging the 15 years growth & economic development.  The plan talks of Capital Outlay of 10000 crores and divides it further for sectorial allocation. It has a good understanding of Macroeconomic implications.  Plan had envisaged abt 130% increase on agricultural output, 500% for industry & 200% for services. It had estimated recurring and non recurring capital requirements for agriculture, soil conservation and irrigation on nationwide scale further examined sources of financing.  State's role was decided to ensure allocations in line with the plan. This book also mentions its shortcoming and why it wa...

Citizenship (Amendment) Act 2019 [Analysis]

WHAT IS CITIZENSHIP? Citizenship to be understood we need to first understand what citizen means.   MODES OF ACQUISTION of citizenship are mentioned under THE CITIZENSHIP ACT 1955. DEFINITION OF CITIZENSHIP or what citizen means IS NOT MENTIONED ANYWHERE hence we rely on dictionary meaning which states “a person who is legally recognized as a member of a country.” The term citizenship refers to the enjoyment of full membership of a state in which a citizen; enjoys civil and political rights. It can be determined as a legal relationship of an individual with a particular state which is expressed by pledging his loyalty towards state and by carrying out duties like paying taxes, serving in the army during need, respecting national principles and values etc. So to establish there is thin line of difference between nationality & citizenship. The nationality is an ethnic or racial concept. On the other hand, citizenship is a legal or juristic concept. The nationality of...