Draft of Sale deed (Hypothetical)

 THIS IS AN DRAFT OF SALE DEED WHICH IS HYPOTHETICAL IN NATURE FOR EDUCATIONAL PURPOSE ONLY.

    Sale Deed for the Transfer of Immovable Property

   SALE DEED

               THIS DEED OF SALE is made and executed at Mumbai on this 5^th day of May 2017.

                                                                         BETWEEN

Mr. Raj Kishor Kumar

Age: 36, residing at:  Monochrome Apartments, Dadar 410014

Hereinafter referred to as “the Vendor”

The Party of the One Part

                                                                           AND

Mr. Jay Kamal Lal

Age: 40, residing at:  Diamond Apartments, Andheri 400069

Hereinafter referred to as “the Purchaser”

The Party of the Other Part

WHEREAS

(i)              The vendor is absolutely seized and possessed of or otherwise well and sufficiently entitled to the Gat No./Survey No. 221/9, admeasuring 800 sq. meters, situated at Megha Milan, Sector 15, Andheri and more particularly described in the schedule herein below as the, “said property."

(ii)            The said property originally belonged to one Mr. Brijesh Patel, who sold the said property to the Vendor by sale deed dated 20 June 2009, which is registered with the office of the Registrar of Assurances at Mumbai at Serial No. 403/2009 on 29th June 2009, and accordingly, the name of the present Vendor, Mr. Raj Kishore   Kumar, came to be entered into the record of rights, vide mutation entry No. 1234 dated 5th July 2009.

(iii)          The Vendor has entered into an agreement to sell with the Purchaser herein on 24^th May 2017, which is registered with the Registrar of Assurances at Andheri serial No.123/2017 on 29^th May 2017.

(iv)           The Purchaser has requested the Vendor to execute these presents, which he has agreed to do.

NOW THIS DEED WITNESSES AS FOLLOWS

(I)              That in pursuance of the agreement to sell dated 24^th may 2017 and in consideration of the sum of Rs. 80,00,000/- (Rupees Eighty Lakhs Only) paid by the Purchaser to the Vendor, the Vendor hereby conveys, transfers by way of sale unto the Purchaser all that piece of land bearing Gat No./Survey No. 221/9 admeasuring 800 sq. meters situated at Megha Milan, Sector 15, Andheri and more particularly described in the schedule hereunder written and referred to as the said property together with all the things permanently attached thereto or standing thereon.

(II)           That the Vendor has put the Purchaser in actual physical and peaceful possession of the said property on the Date of Execution of this deed, and the Purchaser hereby admits and acknowledges the same.

(III)         That the Vendor hereby assures the Purchaser that the said property or any part thereof is neither a subject matter of any acquisition or requisition nor subject matter of any dispute or pending litigation.

(IV)         That the Vendor hereby declares and assures unto the Purchaser that the Vendor has in himself good right, full power, and absolute authority to sell and transfer the said property in favour of the Purchaser herein.

(V)           That the Vendor hereby further declares and assures unto the Purchaser that the title of the Vendor to the said property is clean, clear, and marketable, and the same is free from encumbrances.

(VI)          That the Vendor has delivered the prior sale deed of the said property as well as the property tax bill and receipts which are all duly paid till the date of execution of these presents.

(VII)       That all the expenses towards stamp duty, registration charges, and other incidental expenses thereto are to be borne by the Purchaser.

 

THE SCHEDULE OF THE PROPERTY

All that piece and parcel of the property admeasuring 800 sq. meters, situated within registration division and district Mumbai sub-urban, Sub-Division Andheri East within the limits of Andheri, bearing CTS No. 576 plot No.221/9, carved out of the layout of S. No. 2001 along with.

IN WITNESS WHEREOF, the parties have put their respective hands the day and year first mentioned hereinabove.

Sd. by Vendor 

Sd. by Purchaser 

In presence of Witnesses  

1.     Mukund Sharma

2.     Shiv Gupta

Comparative Analysis of Sexual Harassment Laws in India

 COMPARATIVE ANALYSIS OF SEXUAL HARASSMENT LAWS IN INDIA

Introduction:  sexual harassment refers to any form of unwelcome Sexual Behaviour which is Offensive, humiliating and intimidating. Further, it is against the integrity of a person. Sexual harassment comes in many forms and not a single one. It includes when someone tries to touch, grab or make other physical contracts with a Person demands for sexual Favors, making sexually coloured remarks, showing Pornography and any other unwelcome act. It Psychologically, emotionally and socially affects the victim and the work environment. • Sexual Harassment as defined under Vishaka and others vs State of Rajasthan & others.

"Sexual Harassment includes such unwelcome Sexually determined behaviour (whether directly or by implication) as:

(a) Physical contact and advances, 

(b) A demand or request for Sexual Favors;

(c) Sexually Coloured remarks;

(d) showing Pornography

 (e) Any other form of Unwelcome Physical and Verbal conduct of sexual nature."

 

“Where any of this act is committed in circumstances wherein the victim of such conduct has a reasonable apprehension that in relation to Victim's employment of work whether she is drawing Salary of honorarium or voluntary, whether in government Public or private enterprise such conduct can be humiliating and may constitute a health and safety problem. It is discriminatory for Instance when the woman has reasonable grounds to believe that nor objection would be a disadvantage in terms of recruiting, promotion employment or when it creates hostile work environment Adverse consequences might be visited if the victim does not constant to the conduct in question or raises any objection thereto"

 

Main Answer: -

India has seen a very gradual and transformative evolution from Indian Penal Code 1860 to Bhartiya Nyaya Sanhita BNS)

Sexual harassment law in IPC often lacked a comprehensive foundation of Sexual harassment BNS Seeks to address these gaps by modernizing laws to tackle cyber harassment, gender inclusivity, Stronger deterrence through enhanced punishments.

(.) Comparative Analysis of IPC and BNS

• Provisions related to sexual Harassment under Indian Penal Code. 1860

 

(1)Section 35A: The section de fines sexual harassment as acts involving unwelcome contact, demands for Sexual favours, showing Pornography, or making sexually coloured remarks Punishment: Imprisonment of up to three years for Physical offenses to one year for verbal harassment

(2) Section 354 D: Introduced after the Nirbhaya case in 2013, Criminalized Stalking. Online Stalking However, it lacked detailed Provisions for digital harassment like revenge Porn tormentation of videos.

(3) section 509:  Addresses acts intended to insult a woman's modesty through words gestures, or sounds. This section was subjected to interpretation case to case

 

limitations of the Indian Penal Code

Gender bias IPC Provisions focus more on women rather than including harassment of men, transgenders and other individuals.

•        inadequate cyber laws: IPC offers a less comprehensive view on cyber laws it does not cover the new forms of harassments like Cyber-Bullying, which have become prevalent in the digital age. Lack of comprehensive victim support:

Provisions for victim protection, rehabilitation and redressal are under developed.

 

Provisions of Bhartiya Nyaya Sanhita:

The BNS retains love principles from the IPC but updates language and adds provisions to Cover modern forms of harassment.

Section 74: Specifically deals with acts that involve assault or the use of criminal force against a woman with the intent to outrage or knowing it is likely to outrage her modesty. The focus is on the Physical aspect of the offense, where the Perpetrator's actions directly target the woman 's modesty

Punishment: Mandates a minimum imprisonment of one year, which can extend up to five years and fine.

 • Section 75: Sexual harassment means "[ A man committing any of the following acts (Physical contact and advances involving in welcome and explicit sexual remarks or;

(ii) a demand or request for sexual Favors

(iii) showing pornography against the will of a woman.

(IV) Making sexually coloured remarks, shall be guilty of the offense of sexual harassment Punishment: Rigorous imprisonment for a term which may extend to three years, fine or Both making sexually coloured remarks imprisonment of one year, or Fine, or Both

 

(3)Section 76: Assault or use of Criminal force to woman with intent to disrobe. use of criminal Force towards woman with intention of disrobing. or compelling her to be naked. Punishment imprisonment of 3 years may extend to 7 years with fine or Both.

 

(4). Section 77: section deals with Capturing the image of a woman engaging in a private alt under circumstances where she would usually have the expectation of not being observed.

Punishment: imprisonment 1 year may extend to 3 years with fine, or Both.

(5) Section 78: Stalking this section addresses stalking, Contacting, attempting to contact such women to foster personal interaction, monitoring a woman on internet, email or any other form of electronic communication. Punishment: First conviction 3 years, Fine, or Both repeated offence 5 years of imprisonment or fine, or Both

To sum up-the Following here are the Major differences between IPC and BNS

 

Indian Penal Code	Bhartiya Nyaya Sahita
Scope: primarily deals with physical forms of sexual harassment	Scope: expands to include other harassment and other misconducts
Gender Inclusivity: pre-dominantly recognise women as victims	Gender Inclusivity: adopts a gender-neutral stance, acknowledging all individuals as potential victims
Terminology: uses terminology like outraging modesty which can be subjective.	Terminology: employees clear and more contemporary language
Digital offences: lacks comprehensive provisions for cyber crimes related cases	Digital Offenses: specifically addresses cyber harassment, including stalking and nonconsensual sharing of images

 

does this shift address contemporary Challenges More effectively?

Positive Developments - Cyber harassment:

with the increasing prevalence of cybercrimes Particularly against women and marginalized groups. Acts like revenge Porn, Morphed images and online stalking are now explicitly recognized offering victims a clearer Path to justice. The inclusion for digital evidence Collection ensures better investigation and prosecution in Cyber harassment cases

Gender Inclusivity:

by adopting gender-neutral Language, BNS acknowledges harass mint affects Genders This Change has been significant for the LGBTQ Community which has been Historically been excluded from the protection Gendered laws

Stronger Deterrence:

 through Enhanced Punishments: Repeated offenders and crimes committed in sensitive areas like work places, hospitals, educational institutions face harsher penalties under BNS. gravity of offense is given importance

 

Victim Centric Approach:

 Emphasis on victim Confidentiality and protection, particularly in digital crimes, encourages more survivors to come forward.

 

Faster redressal Mechanisms: to reduce the trauma of prolonged legal Battles

 

Critical opinion:

 implementation challenges:

despite Progressive changes in the BNS, challenges like lack of police training, judicial delays, and Societal Stigma remain significant hurdles.

 The lack of awareness and infrastructure:

 that is often not developed. Ambiguities in Gender Neutrality may lead to challenges in Interpretation and application, especially concerning false accusations. The balance between Protecting victims and Preventing Misuse needs to be clear

 

lack Of Preventive Framework:

The BNS Primarily focuses on Punishment rather than Prevention. Measures like workplace Sensitization Programs, school curriculums on Gender equality, and community-based awareness Campaigns are critical for addressing sexual harassment at its root.

 

Lack of victim support system:

There is a need to establish dedicated support to victims For Offering Counselling, legal aid, rehabilitation Service

 

over emphasis on Punishment:

 Critics argue that harsher Punishments alone may not deter Crimes Broder reforms, including societal education and systemic changes are essential to reduce The Incident of harassment

 

Conclusion:  (IPC to BNS) the change from Indian penal code to Bhartiya Nyaya Sanhita represents a significant step Forward in modernizing India's legal frame work for addressing sexual harassment its Focuses on more inclusivity, victim Protection, deterrent Punishment demonstrates an understanding Socio-economic challenges BNS ensure that of all Genders have access to justice and that Perpetrators puts accountability in a manner Proportional to their crimes. There is still a long way to go in terms of gender inclusivity in laws but progress persists gradually.

Structural Repairs Under MHADA ACT 1976 with Case Law LLB NOTES

NOTE: Structural repair is a vast topic covered in the MHADA Act in its various sections but the major section that deals with Structural repairs is 88 and 89. 

     

Structural Repairs under Maharashtra Housing and Area Development Act, 1976

INTRODUCTION: The MHADA Act establishes the Mumbai Repair and re-construction board to carry out Structural Repairs of Dilapidated Buildings. Which means the building which are distorted, damaged or are in a argent need of repair, than the Mumbai Repair and Re-construction board follows certain procedures and carries out such repairs. 

   

MAIN ANSWER: The Mumbai Repair and Re-construction Board is established under section 18 of MHADA act.

 Section 76. Duties relating to repairs and reconstruction of dilapidated buildings.

- Subject to the provisions of this Chapter, it shall be the duty of the Board-

(a) to undertake and carry out structural repairs to buildings, in such order of priority as the Board, having regard to the exigencies of the case and availability of resources, considers necessary, without recovering any expenses thereof from the owners or occupiers of such buildings;

(b)to provide temporary or alternative accommodation to the occupiers of any such building, when repairs thereto are undertaken, or a building collapses;

(c)to undertake, from time to time, the work of ordinary and tenantable repairs in respect of all premises placed at the disposal of the Board;

(d)to move the State Government to acquire old and dilapidated buildings and which are, in the opinion of the Board, beyond repairs; and to reconstruct or to get reconstructed new buildings thereon for the purpose of housing as many occupiers of those properties as possible, and for providing alternative accommodation to other affected occupiers;

(e)to move the State Government to acquire old and dilapidated buildings and which were once structurally repaired by the Board, but in respect of which further structural repairs are not, in the opinion of the Board possible or economical, and to reconstruct or to get reconstructed (on demolishing existing buildings) new buildings thereon for the purpose of housing as many occupiers of those properties as possible, and for providing alternative accommodation to other affected occupiers;

(f)having regard to the exigencies of the case and availability of resources, to construct or to get constructed through an approved agency, transit camps with a view to providing temporary accommodation to persons affected by house collapse, fire, torrential rain or tempest in its area of operation;

(g)to take action for demolition of dangerous and dilapidated buildings or portions thereof, which are not capable of being repaired at reasonable expense, and thereby save human lives;

(h)with the prior approval of the Authority, to do all other things to facilitate the carrying out its powers, duties and functions provided by or under this Act.

 

77. Special Powers of Board.

- The Board, in the exercise of its powers, performance of its duties and discharge of its functions under this Chapter may-

(a)authorise any person, by general or special order, to enter into or upon and building or land with or without assistance of workmen for making any inquiry, inspection, survey, measurement, valuation or taking levels of such building or land or for carrying out any structural repairs or to execute any work which is authorised by or under this Act, or which it is necessary to execute for any of the purposes or in pursuance of any of the provisions of this Act or of any rule or regulation made thereunder

Provided that, before exercising such powers, so far as may be compatible with the exigencies of the purpose for which the entry is to be made, reasonable notice shall be given to the owner and occupiers, and the power shall be exercised as far as possible in their presence or in the presence of their representatives, and due regard shall be had to the social and religious usages of the owner or occupiers;

(b) cause any building proposed to be structurally repaired or reconstructed or demolished to be vacated if so considered necessary, within a specified period, and take or cause to be taken such steps and use or cause to be used such force as may be reasonably necessary therefor.

Where any such building or part thereof is caused to be vacated, the Board shall allot to the occupiers who are dishoused or required to vacate their premises temporary accommodation in any building maintained by the Authority at such place and to such extent as it deems fit; and the relevant provisions of this Chapter shall mutatis mutandis apply to such occupiers.

!1) Section 88. Board to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall.

1)   Subject to the other provisions of this Chapter, where the Board on consideation of the information given by the Municipal Commissioner, or a report of its officer authorised for the purpose, or other information in its possession, is satisfied that any building, which is occupied by persons, is in such a ruinous or dangerous condition, that it is imminently likely to fall unless structural repairs which will render it fit and safe for habitation, are urgently done, then in such cases, the Board shall, subject to the provisions of sub-section (3), undertake such repairs to that building.

(2) The Board may prepare a list of such building setting out the order of priority or urgency in respect of which structural repairs are necessary, and may undertake simultaneously or in such order of priority the structural repairs according to the exigencies of the case and its resources:

(3) If the Board is of opinion that—

(a) the cost of structural repairs to a building will exceed 1[one thousand two hundred rupees] per square metre, or

(b) the cost of structural repairs to a building will exceed 1[one thousand two hundred rupees] per square metre but the size of the land on which such building is standing is such that for some reason or the other it would not be possible or economical to erect any new building thereon and there is an adjoining building but the cost of structural repair8 to such building does not exceed 1[one thousand two hundred rupees] per square metre,

then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything contained in this Chapter, may not consider such building or buildings for repairs and may issue a certificate to that effect to the owner or owners thereof, as the case may be, affix a copy of the relevant certificate in some conspicuous part of the building or buildings for the information of the occupiers and proceed to take actions as provided in this Chapter

Provided that, in cases of special hardship, the Board may, on such terms and conditions as it may deem fit to impose, consider a building for structural repairs even if the cost of such repairs is likely to exceed the limit aforesaid:

Provided further that, where in any case the occupiers of a building undertake that they shall bear the cost of such repairs which are in excess of 1[one thousand two hundred rupees] per square metre and abide by such terms and conditions for payment of the excess cost to the Board as it may think fit to impose, the Board may carry out structural repairs to such building.

(4) The Municipal Commissioner shall, from time to time, send to the Board, full particulars of the buildings which are in a ruinous or dangerous condition and the condition of which is such that they are likely to fall if structural repairs are not urgently undertaken or in respect of which he has served notice under Section 354 of the Corporation Act, but the same have not been complied with

(

(

 





 

 

2) Section 89. Procedure before undertaking structural repairs.

(1) Where the Board is satisfied under section 88 that structural repairs are necessary to a building, the Board shall give the owner thereof a notice of not less than fifteen days, informing that the Board intends to carry out such repairs on and from a date specified in the notice, being a date which shall be after the expiry of the period specified in the notice, and asking him to submit objections or suggestions, if any, thereto before the time specified in the notice.

(2)The notice shall also require the owner to furnish to the Board a statement in writing signed by the owner stating therein the names of all occupiers of the building known to him from his record, the approximate area and location of the premises in occupation of each occupier and the rent, compensation or amount (including permitted increases, if any), charged therefor.

(3)A copy of such notice shall also be affixed in conspicuous part of the building to which it relates and also published by proclamation or near such building accompanied by a beat of drum for the information of the occupiers thereof and for giving them an opportunity to submit objections or suggestions, if any.

(4)On such affixation and publication of the notice, the owner, occupiers and all other persons interested in such building shall be deemed to have been duly informed of the matters and contents stated in the notice.

(5)After considering the objections and suggestions received within the time aforesaid, the Board may decide to carry the repairs with or without modification or may postpone the repairs for a certain period, or may cancel the intention to repair.

(6)Where the Board has reason to believe that the building is immediately dangerous for habitation, the notice may be returnable within 24 hours from the service thereof.

(7)The Board may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as it thinks fit to prevent danger to, or from, the said buildings.

(8)Any owner who refuses to furnish a statement as required by sub-section (1) or intentionally furnishes a statement which is false in any material particular shall, on conviction, be punished with fine which may extend to one thousand rupees.

 CASE LAW: Kantilal Chunnilal Porwal v. The Municipal Corporation Of Greater Mumbai 1996

•  To carry out structural Repair under MHADA Act the Boards permission is required but in this case the repair was conducted by the BMC and the BMC was moving to MHADA for undertaking such structural repair. the core dispute was regarding the Corporation's claim that Porwal was required to carry out repairs to a building and porwal argued that the MHADA had under taken to conduct such repairs.
• As per section 76 of the Act the information must be given to the board about such repair. The court held that the board must take necessary action.

Essay on Concept of Sexual Harassment (POSH)

 Essay: Concept of Sexual Harassment in India

• INTRODUCTION:

       Sexual Harassment is a crime Committed by Sexual Predators which affect the victims Mental and Social well-being for life, it is a crime of Extreme atrocity this essay will dive into a descriptive Concept of Sexual Harassment with covering how the Sexual harassment manifests and how it effects the victims Mentality. 

         Sexual Harassment and violence remain significant issues in India. According to the National crime Records Bureau (NCRB) in 2021, there were 31,878 reported cases of rape. This translates to approximately 86. Cases per day. India has Consistently reported more than 400 sexual harassments at workplace Cases every year from 2018 to 2022, as Cited in a Business standard report, which used NCRB data.

 "There remains what seems like an impenetrable wall of silence around violence, and that must all Play a role in breaking this silence." Reese Witherspoon. Many cases of Sexual Harassment go unreported due to shame, fear of being fired, Fear of the authoritative Figure, delay in Justice and many Other reasons.

 Sexual Harassment as defined under Landmark Case of  Vishakha v. State of Rajasthan.

 In this case Supreme Court defined Sexual harassment as follows:  

unwelcome acts or behaviour (whether directly or by implication) as

(a) Physical contact and advance;

(b) A demand or request For Sexual Favors

(c) Making sexually coloured remarks;

(d) showing Pornography;

(e) Any other type of Physically, verbally or non-verbally conduct of Sexual nature;

Where any of these things are submitted.

Sexual harassment includes any unwanted or unwelcome behavior of a sexual nature that makes a person feel offended, humiliated, intimidated or  violated.  It often takes place in workplaces, schools, public places, transportation and even online. passing of jokes of sexual nature, passing comments, imposing certain gestures, displaying obscene videos and pictures,  threats through email, letter, text or social media, groping, hugging, kissing, touching a person without their consent.

How Sexual harassment Manifests and how it affects the victims Mentality.

often the power dynamics are involved in cases of sexual harassment where a boss intimidates a employee, where a senior student might harass a junior student, often, the perpetrator has or is about to have Power or authority over victim. Lowing to differences in social, Political, educational or employment relationships as well as in ages.

The perpetrator may be completely unaware that their behaviour is offensive or constitutes sexual harassment. The perpetrator may be completely unaware that their actions could be unlawful to harm an individual.

 • Incidents of harassment can take place in situations in which the targeted person may not be aware of or understand what is happening. 

• Incident may be one-time occurrence; adverse effects on harassed persons include Stress, Social anxiety, loss of confidence, feeling lonely and alone, mental and physical trauma, sleep disorders, impairment in health.

Other forms in which Sexual Harassment may Manifest: -

1. Quid Pro Quo Harassment: This occurs when someone in a of position authority demands sexual favour in order for the victim  to get promotion or recognition at the workplace.

 

2.Hostile Work Environment: The perpetuator creates such environment around the victim that a holistic work environment is created for ex: passing jokes of sexual nature, not letting the employee participate in any activity because the employee is opposing the idea of sexual favours, neglecting them, creating a toxic work environment for the employee.

 Impact of Sexual Harassment on Victims -

Sexual harassment is not only an outside occurrence it leaves lasting internal bruises that
affect victims Physically, emotionally, and socially.

•  Psychological and Emotional Trauma: victims of sexual harassment tend to feel afraid, Shame and guilt. The Constant evasion of their Personal boundaries leave them with low self-esteem and blaming themselves for what occurred, even when they are innocent. over time many end up with anxiety disorders, depression, or post-traumatic stress disorders (PTSD). Day-to-day activities like going to the office or dealing with colleagues can become a very stressful task for them. Some also get Panic attacks in response to recalling the harassment. 

CASE LAW: Vishaka vs. State of Rajasthan (1997) this case was a landmark judgment by the Supreme Court of India that addressed the issue of sexual harassment of women at the workplace. In the absence of a specific law, the Court laid down the Vishaka Guidelines, drawing from international conventions like CEDAW, to protect women's fundamental rights under Articles 14, 15, and 21 of the Constitution. These guidelines mandated preventive measures, internal complaints committees, local complaints committees and POSH training programs. The case led to the enactment of The Sexual Harassment of Women at workplace (prevention, prohibition and redressal) Act of 2013 also known as the POSH Act.

Conclusion:

Sexual Harassment is a pervasive issue that transcends all the boundaries. 1 in 3

women in their lifetime experience Some Sort of Sexual Harassment. It affects the

dignity and Well-being or individuals. Creating a Hostile environment of Fear and

inequality. Sexual harassment is mainly governed in India by Sexual Harassment of

women at workplace (Prevention, prohibition and Redressal) Act, 2013, sexual

harassment doesn't just affect the immediate victim; it imparts them form their family  and 

future aspirations.