KnowLawedge

05/04/2023

05/04/2023

Hilarious:D

24/06/2021

In a bid to end to menace of impersonation on the social media in India, the government has mandated that top companies like Twitter, Facebook, YouTube and Instagram should remove accounts with fake pictures of known personalities within 24 hours of being notified.

This move comes as part of the new IT rules and hence social media companies will have to act immediately after receiving a complaint. Many persons use images of film actors, cricketers and other celebrities to increase their followers. The provision to tackle this menace have been indicated in the new IT rules and hence action will have to be taken once the company is notified.

Meanwhile the IT Ministry is likely to issue FAQs pertaining to the new intermediary rules in another week or two. The Frequently Asked Questions (FAQs) would touch upon various aspects of the new rules, including the measures, how the norms would benefit users of social media platforms, and any other clarification that stakeholders may have.

The FAQs are currently being worked on and are likely to be issued in 1-2 weeks, the source in the IT Ministry said, adding that the set of FAQs would address 10-20 questions.

The new IT rules for social media companies, which came into effect last month, mandate large platforms like Facebook and Twitter to undertake greater due diligence and make these digital platforms more accountable and responsible for the content hosted by them.

Under the rules, significant social media intermediaries -- those with over 50 lakh users -- are required to appoint a grievance officer, a nodal officer and a chief compliance officer. These personnel have to be residents in India.

Further, social media companies are required to take down flagged content within 36 hours and remove within 24 hours content that is flagged for issues such as nudity and po*******hy.

Earlier this month, the government had given one last chance to Twitter to comply with the new rules and had issued a stern warning that failure to adhere to the norms will lead to the platform losing exemption from liability under the IT Act.

Twitter recently lost its 'safe harbour' shield in India over non-compliance with IT rules and failure to appoint key personnel mandated under the new guidelines, despite repeated reminders, and the platform is now liable for users posting any unlawful content.

The IT Ministry had questioned Twitter over not providing information about the Chief Compliance Officer as required under the rules. Also, the resident grievance officer and nodal contact person nominated by the company is not an employee of Twitter Inc in India as prescribed in the rules, the ministry had earlier flagged.

source: oneindia.com

18/06/2021

Law of the Land is supreme, not your policy, parliamentary panel told to Twitter.

Indian representatives of microblogging platform Twitter appeared before the parliamentary panel chaired by Congress' Shashi Tharoor to discuss the issue of its guidelines and the misuse of its platform. During the deposition, Twitter India's public policy manager Shagufta Kamran and legal counsel Ayushi Kapoor represented Twitter before the panel.

During the meeting, the panel asked the company, if it follows the law or the land, to which a representative responded saying, "We follow our own policies," news agency ANI reported.

The members then told Twitter that law of the land is "supreme" and asked the company to abide by them.

They also asked Twitter to explain why it should not be fined for 'violating' rule of land, reported news agency PTI.

17/06/2021

The Union Home Ministry on Thursday circulated a centralised helpline number 155260 and also released a platform for the victims to report the cyber fraud incident. This helpline number shall be operated by respective state police and aided by the Citizen Financial Cyber Frauds Reporting and Management System, a centralised integrated system for police, banks, e-wallets and other stake holders.

A statement released by the ministry said: 'The Police operator notes down the fraud transaction details and basic personal information of the caller and submits them in the form of a ticket on the Citizen Financial Cyber Frauds Reporting and Management System. The Ticket gets escalated to the concerned banks, wallets, merchants and so on, depending on whether they are the victim's bank or the bank/wallet in which the defrauded money has gone. The concerned bank, which can now see the ticket on its dashboard on the Reporting Portal, checks the details in its internal systems."

'If the defrauded money is still available, the bank puts it on hold, ie, the fraudster cannot withdraw the money. If the defrauded money has moved out to another bank, the ticket gets escalated to the next bank to which the money has moved out. This process is repeated until the money is saved from reaching into the hands of the fraudsters," it added.

The ministry further informed that an SMS will also be sent to the victim with an acknowledgement number of the complaint with direction to submit complete details of the fraud on the National Cybercrime Reporting Portal within 24 hours, using the acknowledgement number.

After this step taken by the ministry the banks will now get more technological assistance and power to block defrauded transactions.

One of the MHA official also said that: 'The facility empowers both the banks and the police, by leveraging new-age technologies for sharing online fraud related information and taking action in almost real time. The loss of defrauded money in online cheating cases can be stopped by chasing the money trail and stopping its further flow before it is taken out of the digital ecosystem by the fraudster."

Already the cyber fraud helpline and the reporting platform onboarded some major public and private banks including - State Bank of India, Punjab National Bank, Bank of Baroda, Bank of India, Union Bank, IndusInd, HDFC Bank, ICICI Bank, Axis, Yes and Kotak Mahindra Bank. This also included some major wallets and merchants such as PayTM, PhonePe, Mobikwik, Flipkart and Amazon.

Already Seven States and Union Territories such as Chhattisgarh, Delhi, Madhya Pradesh, Rajasthan, Telangana, Uttarakhand and Uttar Pradesh has begun their operations under this centralised system.

On April 1 this year the helpline was soft launched at few places for an experiment basis, which actually saved more than Rs 1.85 crore of defrauded money, as per the data released by MHA. Delhi and Rajasthan both the city itself have saved Rs 58 lakh and Rs 53 lakh, respectively.

The helpline 155260 and its reporting platform have been made operational by the Indian Cyber Crime Coordination Centre (I4C) under the Ministry of Home Affairs, with active support and cooperation from the Reserve Bank of India (RBI), all major banks, Payment Banks, wallets and online merchants.

A ministry statement by mentioning the detailed procedure said: 'The Police operator notes down the fraud transaction details and basic personal information of the caller and submits them in the form of a ticket on the Citizen Financial Cyber Frauds Reporting and Management System. The Ticket gets escalated to the concerned banks, wallets, merchants and so on, depending on whether they are the victim's bank or the bank/wallet in which the defrauded money has gone. The concerned bank, which can now see the ticket on its dashboard on the Reporting Portal, checks the details in its internal systems."

The banks under this new system will now get more technological assistance and power to block defrauded transactions. 'The facility empowers both the banks and the police, by leveraging new-age technologies for sharing online fraud related information and taking action in almost real time. The loss of defrauded money in online cheating cases can be stopped by chasing the money trail and stopping its further flow before it is taken out of the digital ecosystem by the fraudster," the MHA officials said.

15/05/2021

In Real Estate business, traditionally the Sellers advertise their projects on the market and the Buyer as per his wish and interest can opt to buy or the Seller has also sufficient right to sell the said property to whomever he wants to.
But the story of a Real Estate Option Contract is a bit different from the traditional real estate business.
Basically, a Real Estate Option is a unilateral Contract. The Optionor (Seller) grants a right to the Optionee (Buyer) to purchase the property for an agreed amount within a fixed duration. So, for this engagement, the consideration must be required and the choice is always upon the Optionee to make closing on the property or not.
If the Optionee doesn’t close the option, he will loss his option consideration. The consideration shall be in shape of money or a lease or might be anything, which shall be determined while making the consideration and the same must be specified in the Agreement. And of-course there must be an end date.
With every detail I have written this Article, which is published on iPleaders website, if you are interested, kindly have a look into that. Thanks
Here is the link: https://blog.ipleaders.in/need-know-real-estate-option-contract/ #:~:text=The%20option%20once%20bought%20at,Buyer%20to%20buy%20the%20option.&text=It%20always%20grants%20a%20right%20to%20the%20buyer%20on%20the%20property.

17/03/2021

We often use these the terms Agreement for Sale and Sale Deed as synonyms on frequent basis. However, both the terms are different in nature and also executed at separate events. Let us discuss about the critical differences between the Agreement for Sale and Sale Deed.

What is an Agreement for Sale?

While buying or selling immovable properties, it shows the willingness of the parties to buy/sell the desired property in a future occasion upon the satisfaction of certain terms and conditions. However, it shall not involve an immediate transfer of ownership in any manner and also the Buyer has no right, title or interest over the property.

What is included in Agreement for Sale:

• Proposal to purchase by the Buyer and the willingness of Seller to enter into an agreement for sell in future;
• Detailed description of the property;
• Ensure that the property is free from legal encumbrances;
• Valuation of the property including payment details;
• Handover of the original documents on the final payment;
• Ex*****on of sale deed and registration of the same;
• refund in the event of any improper titles;
• consequence for non-completion of sale on the part of the seller;
• deduction of advance payment if the purchaser fails to complete the transaction
• Remedy if legal issues found in the property;
• Transfer of all property clearance and certificates.

What is a sale deed?

A sale deed is a legal document based on the actual sale/transfer of the property. Once this sale deed is executed, the new buyer takes the complete ownership of the property. However, the deed is drawn only after all the contractual terms of the sale agreement have been explicitly settled.
Moreover, it is mandatory to register a sale deed at the registrar’s office under the Registration Act, 1908.

A sale deed includes the following details:

• Details of the parties involved in the transaction;
• Detailed description of the property;
• Transfer of titles;
• Sale consideration;
• References to the agreement for sale which was executed prior to this and the price details connected with the same;
• Transfer of all rights, title and interests included in the property;
• Compensation to the purchaser for losses arising out of the negligence of the seller or heirs of the asset;
• The authority of the vendor to sell the property.

26/02/2021

Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021
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Indian government has announced a 3-tier mechanism to regulate social media, OTT platforms and digital media.

Highlights of the
Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021:

1) Content that threatens national security and affects "the sovereignty and integrity of India" shall be banned.

2) Appointment of a grievance officer by intermediaries who shall register complaints in 24 hours and redressal in 15 days.

3) If due diligence not followed by an intermediary, safe harbour provisions will not apply.

4) Removal of content in 24 hours in certain cases relating to women.

5) To provide a voluntary user verification mechanism.

6) To disclose the first originator of the mischief.

7) Self-classification of the content into five age based categories- U (Universal), U/A 7+, U/A 13+, U/A 16+, and A (Adult).

8) 3 Tier Regulation Mechanism
Level-I: Self-regulation by the publishers;
Level-II: Self-regulation by the self-regulating bodies of the publishers;
Level-III: Oversight mechanism.

The said Rules have been introduced keeping in mind the vast user base of some social media giants which is as follows:

WhatsApp users: 53 Crore
YouTube users: 44.8 Crore
Facebook users: 41 Crore
Instagram users: 21 Crore
Twitter users: 1.75 Crore