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Cyber Laws in IT & ITES

With the phenomenal and enormous growth of Internet specialized branch of Law called Cyber Law.

Immigration & Emmigration

When a person enters a new country for the purpose of establishing permanent residence and ultimately gaining citizenship , it is called

Immigration.But the residence of immigrants is subject to the conditions set by the Immigration Law.


Land and Rent Laws

In every country land belongs to the State which is the sovereign authority. So it reverts to the State when it is abandoned or has no holder left or surviving. In the strict legal sense citizen or any person cannot be the ‘owner’ the land but can only have ‘estates’ or ‘equitable interest’ in the land, which includes the right to exclude others from use and enjoyment of the same. This right is transferable and heritable which gets transmitted from generation to generation. It covers many other legal rights, such as easement, which is the right of pathway over neighbours’ land, essential for enjoyment and use of the land in question.

In the US, though land Laws are State specific, yet these are mostly taken from the common law except for Louisiana whose land Laws are largely borrowed from Napoleonic Code.

There are different types of interest in land according to duration and transferability as determined by the terms of the grant by which the land holder acquired the same. ‘Fee Simple’ estate lasts for ever and can be freely transferred. ‘Life estate’ expires with the death of the holder and neither sale nor transfer by him can increase its duration beyond the lifetime of the original grantee. ‘Leasehold’ estates are up to the period of lease on payment of lease rentals at specified intervals.

Future interest created in land includes ‘reversion’ and ‘remainder’. In reversion on the expiry of the period of lease, the land in question would return to the original tenant, whose future interest is a ‘reversion’. In ‘remainder’ the holder grants the grantee a life estate in the land and stipulates a third party to whom the land would go after the life estate ends. The third party has a ‘remainder’ in the land.

Estates or interest in land can be held either as ‘joint tenants’ or as ‘tenants in common’. In ‘joint tenancy’ on the death of any holder the surviving tenant or tenants alone become the owner of the estate without any interest passing on to the heirs of the deceased. However, on the demise of any ‘tenant in common’ the share of the deceased devolves on his heirs, who step into the shoes of the deceased.

In many jurisdictions Zoning Regulations are in place to regulate land use patterns as determined by the planning authorities. This involves segregation of different land uses into specified areas, such as industrial area, software park, special economic zones, free trade zones, residential area etc.

Pockets of tribal areas have altogether different land Laws from the rest of the country, based largely on traditions of the tribes.

A rental agreement is between the landlord and tenant for leasing or renting out land. During the currency of the lease, rental agreement cannot be cancelled except for serious violation of conditions by the tenant, such as, repeated defaults in making payment of rent, unauthorized use, subletting etc. However, on the expiry of the period of lease the tenant is liable to vacate or the landlord is entitled to repossession. The aggrieved landlord can evict the tenant only by due process of law through the Courts.

In many jurisdictions rent control Laws are in force to protect the tenant from exorbitant hike in rent by the landlord along with related eviction control Laws. However, in many places such rent control Laws do not provide for compulsory automatic extension of the rent controlled price, once set for a let out premises, from the earlier tenancy to the next tenancies. In such cases for higher rents, instances of landlord harassment of the tenant to force him to vacate are not uncommon, though landlord atrocity is a crime in law in most municipality areas.

Eviction control Laws ensure that the tenant cannot be asked to vacate except for just and valid cause such as, default in rent payment or damage to the let out property etc. However these provisions usually only apply to tenants of economically weaker sections or to buildings and complexes with certain minimum number of flats.