What is the amount I will have to pay as stamp duty towards purchase of house worth Rs. 5,00,000/- ?
The amount to be paid towards stamp duty will be Rs 7,600/-. The below mentioned table gives the amount to be paid as stamp duty for different amounts of sale price.
What is Copyright Law? What type of work is protected under the Copyright Law ?
The object of copyright law is to encourage authors, composers, artists and designers to create original works by rewarding them with the exclusive right for a limited period to exploit the work for monetary gain.
It protects the writer or creator of the original work from the unauthorized reproduction or exploitation of his materials.
There is no copyright in ideas. Copyright subsists only in the material form in which the ideas are expressed. Works protected by copyright are:
- Original, Literary, dramatic, musical and artistic works;
- Cinematographic film; and
- Records
LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
Literary work- Copyright subsists in original literary works and relates to the expression of thought, but the expression need not be original or novel.
The work must not be copied from another work but must originate from the author.
Two authors independently producing an identical work will be entitled for copyright in their respective works.
The emphasis is more on the labor, skill judgment and capital expended in producing the work. It includes tables, compilations and computer programs.
Dramatic work- Copyright subsists in original dramatic work and its adaptation.
It includes any piece or recitation, choreographic work
Entertainment in dumb show
The scenic arrangement or acting form of which is fixed in writing otherwise
But does not include a cinematograph film.
Musical work- Copyright subsists in original musical work and
Includes any combination of melody and harmony, either of them reduced to writing or otherwise graphically produced or reproduced.
An original adaptation of a musical work is also entitled to copyright.
There is no copyright in a song. A song has its words written by one man and it's music by another; is words have a literary copyright, and so has its music. These two copyrights are entirely different and cannot be merged.
In cases where the word and music are written by the same person, or where they are owned by the same person, he would own the copyright in the song.
Artistic work means -
A painting,
A sculpture,
A drawing including a diagram, map, chart or plan,
An engraving or a photograph, whether or not any such work possesses artistic quality;
An architectural work of art; and any other work of artistic craftsmanship.
The work need not possess any artistic quality but he author must have bestowed skill, judgement and effort upon the work.
A poster used in advertisement is an artistic work. But advertisement slogans consisting of a few words only are not copyright matter.
In case of literary, dramatic or musical work, A copyright gives the right to do and authorize the doing of any of the following acts, namely-
to reproduce the work in any material form;
to publish the work;
to produce, reproduce, perform or publish any translation of the work;
to make any cinematographic film or a record in respect of work;
to communicate the work by broadcast or to communicate to the public by loud-speaker or any other similar instrument the broadcast of the work;
to make any adaptation of work;
to do in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in clause (i ) to (iv).
In the case of the artistic work, a copyright gives the right to do or authorize the doing of any of the following acts, namely-
to reproduce the work in any material form;
to publish the work;
to include the work in any cinematography film;
to make any adaptation of work;
to do in relation to an adaptation of the work any of the acts specified in relation to the work in clauses (i) to (iii).
CINEMATOGRAPH FILM
Cinematograph film includes the sound track, if any. It also includes any work produced by any process analogous to cinematography. A video film is considered to be a work produced by a process analogous to cinematography. A movie may be taken of a live performance like sport events, dramatic or musical performance.
In the case of cinematography film, copyright means the right to do or authorize the doing of any of the following acts, namely-
to make copy of the film;
to cause the film, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public;
to make any record embodying the recording in the part of the sound track associated with the film by utilizing such sound track;
to communicate the film by broadcast.
RECORDS
Record means
Any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom.
The sound tract in a cinematography film is not a record unless it is separately recorded in a disc tape or other device.
Where the record is made directly from a live performance the owner of the disc or tape in which the recording is made will be the owner of the copyright.
In the case of a record, copyright gives the right to do or authorize the doing of any of the following acts by utilizing the record, namely-
to make any other record embodying the same recording ;
to cause the recording embodied in the record to be heard in the public;
to communicate the recording embodied in the record by broadcast;
HOW TO OBTAIN COPYRIGHT ?
In order to secure copyright protection what is required is that the author must have bestowed upon the work sufficient judgment, skill and labor or capital. It is immaterial whether the work is wise or foolish, accurate or inaccurate or whether it has or has not any literary merit.
In order to qualify for copyrights the works apart from being original, should satisfy the following conditions (except in he case of foreign works)
The work is first published in India.
Where the work is first published outside India the author, at the date of publication must be a citizen of India. If the publication was made after the authors' death the author must have been at the time of his death a citizen of India.
In case of unpublished work the author is at the date of making the work a citizen of India or domiciled in India.
In case of the architectural work of art, the work is located in India.
I have paid earnest money for purchase of a flat in a building yet to be constructed. However the plot/land on which the building was to be constructed has been acquired by the state government for constructing a public park. The memorandum of understanding executed between the builder and myself stated that the balance amount is to be paid only at the time of taking possession of the flat. What are the remedies available to me.
Your case is covered under section 33 of the Indian Contract Act, 1872 which states that if a contract to do or not to do anything is based upon an uncertain future event, then agreement can be enforced when the happening of that event becomes impossible and not before.
In this instant case as the plot on which building was to be constructed has been acquired and therefore there is no possibility of getting possession of the flat. In this event you may proceed to file a suit for recovery of your earnest money, together with interest thereon at the rate specified in the contract, failing which at the statutory rate.
What is BREACH OF CONTRACT
The parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of the Act, or any other law.
Promises bind the representatives of the promisor in the case of death of such promisor before performance, unless a contrary intention appears from a contract.
In a contract the agreement being enforceable by law, each party to the contract is legally bound to perform his part of the obligation. Non- performance of the duty undertaken by a party in a contract amounts to breach of contract, for which he can be made liable.
REMEDIES
When a party to the contract makes a breach of contract, there are two possible alternatives available to the other party.
Firstly to bring an action for the breach of contract, and secondly he may bring an action for specific performance of the contract.
COMPENSATION IN CASE OF BREACH
1. Compensation for loss or damage caused by breach of contract.
For the breach of contract damages is the most appropriate remedy. When a contact has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote or indirect loss or damage sustained by reason of the breach.
2. Compensation for breach of contact where penalty stipulated for.
When a contract has been broken and a sum has been named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether actual damage or loss is proved to have been caused thereby, to receive from the party who as broken the contract reasonable compensation not exceeding the amount so named or, the penalty stipulated for.
3. Party rightfully rescinding contract entitled to compensation.
A person who rightfully rescinds a contract is entitled to compensation for any damage, which he has sustained through non-fulfillment of the contract.
SPECIFIC PERFORMANCE
Specific performance means actual execution of the contract as agreed between the parties.
Specific Performance of any contract may, in the discretion of the court be enforced in the following situations -
When there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done; or
When the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief.
Exceptions: where compensation would be adequate relief are:
1. Agreement by a landlord for repair of the rented premises;
2. Contract for the mortgage of immovable property;
3. Contract for the sale of any goods, for instance machinery or buffaloes. However, a contract to deliver rare coins would be specifically enforceable, as compensation would not constitute adequate relief in such a case;
4. An agreement to pay money by installments;
5. An agreement for lending money.
BESIDES THE FOLLOWING:
A contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the court cannot enforce specific performance of its material terms, cannot be specifically enforced.
Another situation when a contract cannot be specifically enforced is where "the contract is in its nature determinable". A contract is said to be determinable, when a party to the contract can put it to an end.
A contract the performance of which involves the performance of a continuous duty, which the Court can not supervise, cannot be specifically enforced.
PERSONS WHO CANNOT OBTAIN SPECIFIC PERFORMANCE
1. The specific performance of a contract cannot be obtained in favour of a person who could not be entitled to recover compensation for the breach of contract.
2. Specific performance of a contract cannot be enforced in favour of a person:
who has become incapable of performing the contract that on his part remains to be performed, or
who violates any essential term of the contract that on his part remains to be performed, or
who acts in fraud of the contract, or
who willfully acts at variance with, or in subversion, of the relation intended to be established by the contract.
ENFORCEMENT OF FOREIGN AWARDS
FOREIGN AWARD - has been defined to mean an award on differences between persons arising out of legal relationships, whether contractual or not and considered as commercial under the law in force in India, and made in pursuance of an agreement in writing for arbitration to be governed either by the New York Convention or by the Geneva Convention, in the territory of a notified foreign state.
Where a commercial dispute covered by an arbitration agreement to which either of the conventions applies, arises before a judicial authority in India, it shall at the request of a party be referred to arbitration.
Any foreign award, which is enforceable under this part, shall be binding and may be relied upon by the parties by way of defence, set off or otherwise in any legal proceedings in India.
The party applying for the enforcement of a foreign award shall, produce the original award or a duly authenticated copy thereof, the original arbitration agreement or a certified copy thereof, and evidence to prove that the award is a foreign award.
An appeal shall lie against the order of court refusing to refer the parties to arbitration or refusing to enforce a foreign award.
Time limit under section 138 of the Negotiable Instruments Act, 1881 within which complaint for dishonor of cheques should be filed ?
As per section 138 of the Negotiable Instruments Act, 1881 time limit within which complaint must be file is:
1. A notice in writing for making a demand for payment of the cheque amount from the drawer of the cheque within 30 days from the receipt of information of dishonor of cheques from the bank.
2. if the drawer of the cheques fails to make the payment of the said amount as mentioned in the notice within 15 days from the receipt of the notice, then the holder of the cheque should file the complaint under Section 138 within 30 days of expiry of the said notice period.
The amount to be paid towards stamp duty will be Rs 7,600/-. The below mentioned table gives the amount to be paid as stamp duty for different amounts of sale price.
| Sale/Purchase Amount(Rs.) | Stamp duty amount (Rs.) |
| Upto 2,50,000/- | Rs. 100 |
| Between Rs 2,50,000/- and Rs. 5,00,000/- | Rs. 100 + 3% of value above Rs. 2,50,000/- |
| Between Rs. 5,00,000/- and Rs. 15,00,000/- | Rs.7,600 + 5% of value above Rs. 5,00,000/- |
| Between Rs. 15,00,000/- and Rs.1,00,00,000/- | Rs.7,600 + 5% of value above Rs. 15,00,000/- |
What is Copyright Law? What type of work is protected under the Copyright Law ?
The object of copyright law is to encourage authors, composers, artists and designers to create original works by rewarding them with the exclusive right for a limited period to exploit the work for monetary gain.
It protects the writer or creator of the original work from the unauthorized reproduction or exploitation of his materials.
There is no copyright in ideas. Copyright subsists only in the material form in which the ideas are expressed. Works protected by copyright are:
- Original, Literary, dramatic, musical and artistic works;
- Cinematographic film; and
- Records
LITERARY, DRAMATIC, MUSICAL AND ARTISTIC WORKS
Literary work- Copyright subsists in original literary works and relates to the expression of thought, but the expression need not be original or novel.
The work must not be copied from another work but must originate from the author.
Two authors independently producing an identical work will be entitled for copyright in their respective works.
The emphasis is more on the labor, skill judgment and capital expended in producing the work. It includes tables, compilations and computer programs.
Dramatic work- Copyright subsists in original dramatic work and its adaptation.
It includes any piece or recitation, choreographic work
Entertainment in dumb show
The scenic arrangement or acting form of which is fixed in writing otherwise
But does not include a cinematograph film.
Musical work- Copyright subsists in original musical work and
Includes any combination of melody and harmony, either of them reduced to writing or otherwise graphically produced or reproduced.
An original adaptation of a musical work is also entitled to copyright.
There is no copyright in a song. A song has its words written by one man and it's music by another; is words have a literary copyright, and so has its music. These two copyrights are entirely different and cannot be merged.
In cases where the word and music are written by the same person, or where they are owned by the same person, he would own the copyright in the song.
Artistic work means -
A painting,
A sculpture,
A drawing including a diagram, map, chart or plan,
An engraving or a photograph, whether or not any such work possesses artistic quality;
An architectural work of art; and any other work of artistic craftsmanship.
The work need not possess any artistic quality but he author must have bestowed skill, judgement and effort upon the work.
A poster used in advertisement is an artistic work. But advertisement slogans consisting of a few words only are not copyright matter.
In case of literary, dramatic or musical work, A copyright gives the right to do and authorize the doing of any of the following acts, namely-
to reproduce the work in any material form;
to publish the work;
to produce, reproduce, perform or publish any translation of the work;
to make any cinematographic film or a record in respect of work;
to communicate the work by broadcast or to communicate to the public by loud-speaker or any other similar instrument the broadcast of the work;
to make any adaptation of work;
to do in relation to a translation or an adaptation of the work any of the acts specified in relation to the work in clause (i ) to (iv).
In the case of the artistic work, a copyright gives the right to do or authorize the doing of any of the following acts, namely-
to reproduce the work in any material form;
to publish the work;
to include the work in any cinematography film;
to make any adaptation of work;
to do in relation to an adaptation of the work any of the acts specified in relation to the work in clauses (i) to (iii).
CINEMATOGRAPH FILM
Cinematograph film includes the sound track, if any. It also includes any work produced by any process analogous to cinematography. A video film is considered to be a work produced by a process analogous to cinematography. A movie may be taken of a live performance like sport events, dramatic or musical performance.
In the case of cinematography film, copyright means the right to do or authorize the doing of any of the following acts, namely-
to make copy of the film;
to cause the film, in so far as it consists of visual images, to be seen in public and, in so far as it consists of sounds, to be heard in public;
to make any record embodying the recording in the part of the sound track associated with the film by utilizing such sound track;
to communicate the film by broadcast.
RECORDS
Record means
Any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced therefrom.
The sound tract in a cinematography film is not a record unless it is separately recorded in a disc tape or other device.
Where the record is made directly from a live performance the owner of the disc or tape in which the recording is made will be the owner of the copyright.
In the case of a record, copyright gives the right to do or authorize the doing of any of the following acts by utilizing the record, namely-
to make any other record embodying the same recording ;
to cause the recording embodied in the record to be heard in the public;
to communicate the recording embodied in the record by broadcast;
HOW TO OBTAIN COPYRIGHT ?
In order to secure copyright protection what is required is that the author must have bestowed upon the work sufficient judgment, skill and labor or capital. It is immaterial whether the work is wise or foolish, accurate or inaccurate or whether it has or has not any literary merit.
In order to qualify for copyrights the works apart from being original, should satisfy the following conditions (except in he case of foreign works)
The work is first published in India.
Where the work is first published outside India the author, at the date of publication must be a citizen of India. If the publication was made after the authors' death the author must have been at the time of his death a citizen of India.
In case of unpublished work the author is at the date of making the work a citizen of India or domiciled in India.
In case of the architectural work of art, the work is located in India.
I have paid earnest money for purchase of a flat in a building yet to be constructed. However the plot/land on which the building was to be constructed has been acquired by the state government for constructing a public park. The memorandum of understanding executed between the builder and myself stated that the balance amount is to be paid only at the time of taking possession of the flat. What are the remedies available to me.
Your case is covered under section 33 of the Indian Contract Act, 1872 which states that if a contract to do or not to do anything is based upon an uncertain future event, then agreement can be enforced when the happening of that event becomes impossible and not before.
In this instant case as the plot on which building was to be constructed has been acquired and therefore there is no possibility of getting possession of the flat. In this event you may proceed to file a suit for recovery of your earnest money, together with interest thereon at the rate specified in the contract, failing which at the statutory rate.
What is BREACH OF CONTRACT
The parties to a contract must either perform or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of the Act, or any other law.
Promises bind the representatives of the promisor in the case of death of such promisor before performance, unless a contrary intention appears from a contract.
In a contract the agreement being enforceable by law, each party to the contract is legally bound to perform his part of the obligation. Non- performance of the duty undertaken by a party in a contract amounts to breach of contract, for which he can be made liable.
REMEDIES
When a party to the contract makes a breach of contract, there are two possible alternatives available to the other party.
Firstly to bring an action for the breach of contract, and secondly he may bring an action for specific performance of the contract.
COMPENSATION IN CASE OF BREACH
1. Compensation for loss or damage caused by breach of contract.
For the breach of contract damages is the most appropriate remedy. When a contact has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew when they made the contract, to be likely to result from the breach of it.
Such compensation is not to be given for any remote or indirect loss or damage sustained by reason of the breach.
2. Compensation for breach of contact where penalty stipulated for.
When a contract has been broken and a sum has been named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether actual damage or loss is proved to have been caused thereby, to receive from the party who as broken the contract reasonable compensation not exceeding the amount so named or, the penalty stipulated for.
3. Party rightfully rescinding contract entitled to compensation.
A person who rightfully rescinds a contract is entitled to compensation for any damage, which he has sustained through non-fulfillment of the contract.
SPECIFIC PERFORMANCE
Specific performance means actual execution of the contract as agreed between the parties.
Specific Performance of any contract may, in the discretion of the court be enforced in the following situations -
When there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done; or
When the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief.
Exceptions: where compensation would be adequate relief are:
1. Agreement by a landlord for repair of the rented premises;
2. Contract for the mortgage of immovable property;
3. Contract for the sale of any goods, for instance machinery or buffaloes. However, a contract to deliver rare coins would be specifically enforceable, as compensation would not constitute adequate relief in such a case;
4. An agreement to pay money by installments;
5. An agreement for lending money.
BESIDES THE FOLLOWING:
A contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such, that the court cannot enforce specific performance of its material terms, cannot be specifically enforced.
Another situation when a contract cannot be specifically enforced is where "the contract is in its nature determinable". A contract is said to be determinable, when a party to the contract can put it to an end.
A contract the performance of which involves the performance of a continuous duty, which the Court can not supervise, cannot be specifically enforced.
PERSONS WHO CANNOT OBTAIN SPECIFIC PERFORMANCE
1. The specific performance of a contract cannot be obtained in favour of a person who could not be entitled to recover compensation for the breach of contract.
2. Specific performance of a contract cannot be enforced in favour of a person:
who has become incapable of performing the contract that on his part remains to be performed, or
who violates any essential term of the contract that on his part remains to be performed, or
who acts in fraud of the contract, or
who willfully acts at variance with, or in subversion, of the relation intended to be established by the contract.
ENFORCEMENT OF FOREIGN AWARDS
FOREIGN AWARD - has been defined to mean an award on differences between persons arising out of legal relationships, whether contractual or not and considered as commercial under the law in force in India, and made in pursuance of an agreement in writing for arbitration to be governed either by the New York Convention or by the Geneva Convention, in the territory of a notified foreign state.
Where a commercial dispute covered by an arbitration agreement to which either of the conventions applies, arises before a judicial authority in India, it shall at the request of a party be referred to arbitration.
Any foreign award, which is enforceable under this part, shall be binding and may be relied upon by the parties by way of defence, set off or otherwise in any legal proceedings in India.
The party applying for the enforcement of a foreign award shall, produce the original award or a duly authenticated copy thereof, the original arbitration agreement or a certified copy thereof, and evidence to prove that the award is a foreign award.
An appeal shall lie against the order of court refusing to refer the parties to arbitration or refusing to enforce a foreign award.
Time limit under section 138 of the Negotiable Instruments Act, 1881 within which complaint for dishonor of cheques should be filed ?
As per section 138 of the Negotiable Instruments Act, 1881 time limit within which complaint must be file is:
1. A notice in writing for making a demand for payment of the cheque amount from the drawer of the cheque within 30 days from the receipt of information of dishonor of cheques from the bank.
2. if the drawer of the cheques fails to make the payment of the said amount as mentioned in the notice within 15 days from the receipt of the notice, then the holder of the cheque should file the complaint under Section 138 within 30 days of expiry of the said notice period.