These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
These notes are not made by me. this is made by a different group in my class. these notes were provided for everyone in the class as part of our group project.
I am merely sharing these notes to supplement other students in learning the subject.
ACTIONABLE CLAIMS in Property Law (Unit-1)KHUSHISWAMI2
An actionable claim is defined in the Transfer of Property Act (TPA), which deals with the transfer of properties in India. According to Section 3 of the TPA. This PPT explains the topic in a better way
Contingent contract
Performance rules
Difference between contingent and wagering agreement
Quasi contract, KINDS AND CIRCUMSTANCES OF QUASI CONTRACT
LIABILITY FOR NECESSARIES, PAYMENT BY INTERESTED PERSON, OBLIGATION TO PAY FOR NON-GRATUITOUS ACTS, Finder of lost goods
Mistake or coercion
Mortgage is French term which means ‘death contract’. The term death contract means that the pledge (promise, bailment, and guarantee) ends only when the loan is repaid, the obligation is fulfilled or when the borrower takes over and/or sells the collateral, the mortgaged property by way of foreclosure. According to the Bouvier’s Law Dictionary (8th) Edition, “Mortgage” is a conditional conveyance of land designed as a security for the payment of money, the fulfilment of some contract, or the performance of some act, and to be void upon such payment, fulfilment or performance. Mortgage works as a security of the loan amount. It is way to secure profit for the bank and/ financial institutions and it is the way of getting loans for the common people, builder and/or company, firm etc.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
2. The condition that some event will not
happen at a determine time shall
render the obligation effective from the
moment the time indicated has
elapsed, or if it has become evident
that the event cannot occur.
Art. 1185
3. The obligation shall become effective
and binding:
Negative condition
a) the determinate time has elapsed
without the event having occurred;
Ex. Jun obligated himself to deliver a piece
of land to Marion on the condition that
Mario shall not run for Vice-Mayor in
their municipality within 9 years.
• More than 9 has elapsed without Mario
shall not run for Vice-Mayor. The
obligation to deliver the piece of land
becomes effective.
4. Ex. Jun obligated himself to deliver a piece of land
to Marion on the condition that Mario shall not run
for Vice-Mayor in their municipality within 9 years.
Before 9 years had elapsed, the Municipality
became totally submerged by lahar and ceased to
be a municipality. The residents had to transfer to
other municipalities. In this case, even before the
lapse of 9 years it is clear that the obligation has
become effective because of the disappearance of
the Municipality.
•It is not evident that Mario can never run for Vice-
Mayor anymore in that Municipality because it
ceased to be one.
b) It has become evident that the event
will not occur.
5. Art. 1186
The condition shall be deemed
fulfilled when the obligor voluntarily
prevents its fulfillment.
6. Constructive fulfillment of suspensive
condition
3 requisites for the application of this
article:
1) Suspensive
- the happening of the condition gives rise to
an obligation
Ex. Mie binds herself to deliver a determinate
car to Lester if he marries Weena. The
obligation is only demandable upon the
happening of the condition that is, if Lester
marries Weena. The obligation is
suspended and not yet demandable.
7. 2) The obligor actually prevents the
fulfillment of the conditon;
Ex. S promised to sell his land to Y if Y
would be able to secure a loan from a
certain bank. Later on, S changed his mind
about selling his land. He induced the bank
not to give Y a loan.
Under the above article, the
condition is deemed complied with and S
is liable to sell his land. S should not be
allowed to profit by his own fault or bad
faith.
8. 3) He acts voluntarily
Ex. Supppose the inducement made
by S was prompted by some other
reason, is there constructive
fulfillment? Yes. The law does not
require that S act with malice or fraud
as long as his purpose is to prevent
the fulfillment of the condition.
Article 1186, however, does not
apply if the act of the obligor is in the
exercise of a right.
9. Constructive fulfillment of resolutory
condition
Article 1186 applies also to an obligation
subject to a resolutory condition with respect
to the debtor who is bound to return what he
has received upon the fulfillment of the
condition. (Art. 1190.)
10. Resolutory- the happening of the condition
extinguishes the obligation already
existing.
Ex. Vince binds himself to lend his only car
to Lester until the latter passes the CPA
Board. The obligation to lend is
immediately demandable. Lester right
over the car is extinguished uon his
passing the CPA Board. Lester is now
obliged to return the car.