Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Business Law Presentation for The Rules of interpretation and various cases connected to it .
R V Allen
Re Sigsworth
London and North Eastern Railway v Berriman [1946] AC 278
Advanatges and Problems of the Golden Rule
Advanatges and Problems of the Literal Rule
Advanatges and Problems of the Mischief Rule
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Dato’ Seri Ir Hj Nizar bin Jamaluddin v Dato’ Seri Dr Zambry bin Abdul Kadir
(Attorney General, Interverner) [2010] 2 MLJ 285 - as fulfill the assessment of LAW 487 - Constitutional Law II at Faculty of Law, Universiti Teknologi MARA, Malaysia
Constitution of the State of Selangor 1959Azrin Hafiz
Disclaimer: for educational purposes only.
Article 53(4) of the Constitution of the State of Selangor:
"In appointing a Menteri Besar, His Highness may in His discretion DISPENSE with any provision in this Constitution restricting His choice of Menteri Besar, if in His opinion it is necessary to do so in order to comply with the provisions of this Article."
Modes of Originating Process - For Revision Purposes OnlyAzrin Hafiz
Modes of Originating Process pursuant to Rules of Court 2012
as per syllabus of LAW547 - Advanced Civil Procedure I
Universiti Teknologi MARA, MALAYSIA
Presentation is based on the establishment as well as historical background of the Privy Council in India when it was a British colony. This also contains the causes, nature, jurisdiction of the privy council. Lastly the appraise & council's unique position is been discussed. What were the issues or drawbacks of the "last court of appeal under the throne during 1830s is explained. This topic is basically a insight into the development of Judicature in India under English Legal system.
According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
Sovereignty means the supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
The power to do everything in a state without accountability, to other countries, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
When national sovereignty is discussed, the first definition applies, and it refers in particular to independence, understood as the freedom of a collective entity to act. When popular sovereignty is discussed, the second definition applies, and sovereignty is associated with power and legitimacy.1
There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
The primary object of this assignment is to offer a systematic study of the Civil Law Legal System. An attempt has been made to examine what is civil law legal system, historical basics of civil law legal system, common types of legal system to the world, salient features of civil law legal system, differentiation from other major legal systems, modern Common and Civil Law Systems, countries following Civil or Common Law, a comparative study between Common Law and Civil Law Systems, Civil Courts and their Jurisdictions in Bangladesh, Hierarchy of Civil Courts in Bangladesh, Pecuniary Jurisdiction of Civil Courts in Bangladesh...
United Nations Convention on Contracts for the International Sale of Goods (C...A K DAS's | Law
The United Nations Convention on Contracts for the International Sale of Goods (CISG) was developed by the United Nations Commission on International Trade Law (UNCITRAL), and was signed in Vienna in 1980. It came into force as a multilateral treaty on 1st January 1988, after being ratified by 11 countries...
Externship Report on "Bangladesh Legal Aid and Services Trust (BLAST)" at Chittagong Unit under the requirements of Externship Course of LL.B. Hon's...
Montesquieu's Doctrine of Separation of PowerA K DAS's | Law
The main theme of Montesquieu doctrine is that each and every organ of the state will exercise of its own power and function, and no one organ will interfere into the functions of another organ. He is the proponent of this theory....
The school was headed by medical Criminologist Cesare Lombroso, who argued that criminality was a biological trait found in some human beings. The termLombroso used to describe the appearance of organisms resembling ancestral forms of life is atavism...
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
A review of the growth of the Israel Genealogy Research Association Database Collection for the last 12 months. Our collection is now passed the 3 million mark and still growing. See which archives have contributed the most. See the different types of records we have, and which years have had records added. You can also see what we have for the future.
This slide is special for master students (MIBS & MIFB) in UUM. Also useful for readers who are interested in the topic of contemporary Islamic banking.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
1. LET 252: The Law of Equity and Trust
(Courts of Equity and their Function)
SID: ARNAB/LLB 00305037 | Trimester: Spring, 2015
The Chancary court or court of equity is the court which authorized to apply the principles of equity
as opposed to law, to cases brought/come before it. The equity court handled the law suits granting
remedied other than damages (pecuniary jurisdiction)
Remedies under Equity Courts
There are three (3) types of remedies were available under the equity courts:
1. Writ
2. Injunction and
3. Specific Performance
Why the Equity Courts evaluated/originated?
To avoid the slow pace of change or possible harshness (in equity) in the Common Law court.
Equity court had jurisdiction over all the matters of equity, including Trust, Land Law,
Administration of the Estates of lunatics and the guardianship of infants.
Who is Lord Chancellor?
Lord Chancellor was the chief judiciary officer of the equity courts. (Keeper of the king’s conscience)
Courts of Conscientious Laws
Equity courts were primarily called the Courts of Conscientious Laws.
Equity courts can overruled the Common Law provisions and the rules and producers were more
liberal and flexible.
What was the main aim of Equity courts?
The main aim of Equity courts were to mitigate the suffering of the litigant parties.
The Administration of Justice Act, 1841
Equity Courts (Chancary Court)
1. The Exchequer: the Exchequer was dealt only financial matters of equity jurisdiction.
2. The Exchequer of Pleas: the Exchequer of Pleas was dealt all others equity matter,
excluding the financial matters.
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Why the Exchequer of Pleas loss of its Equitable Jurisdiction?
With the shift of the Exchequer of Pleas towards are Common Law courts and loss of its equitable
jurisdiction by The Administration of Justice Act, 1841. Then the Chanary become only national
equitable body in the English Legal System and the Chanary was applied the national equitable
jurisdiction.
What is Curia Regis?
Curia Regis was the King’s Council (the Representative of King)
Chanary was the personal body of staff of Lord Chancellor.
When Chanary became an entire judicial body?
In 15th Century the Chanary became an entire judicial body.
Criticism of Equity Courts during Elizabeth-1
There were some criticism of equity courts during the queen Elizabeth-1:
1. Slow Pace
2. Large Back Logs and
3. High Cost
When the Common Law courts began?
The Common Law courts began in 1850s and finally succeeded with the 1873 and 1875.
Which Act dissolved the Chanary and created a new High Court?
The Supreme Court of Judicature Act dissolved the Chanary and created a new unified High
Court of justice with the Chanary division- 1 of 3 divisions of the High Court succeeding the court
of Chanary as an equitable body.
The Supreme Court of Judicature Act, 1873 and 1875
There were two (2) courts under The Supreme Court of Judicature Act, 1873 and 1875:
1. High Court and
2. Court of Appeal
High Court had 3 divisions:
1. Chanary Division
2. Queens Bench Division and
3. Probate, Divonce and Admiralty Division
Officers of the Equity Courts
1. Lord Chancellor: Vice Chancellor and Chanary
2. Master of the Rules: 12 Masters, Frequently called assistances from the Common Law
Judges.
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Functions of Equity Courts
1. Administration of estates of deceased person;
2. Dissolution of partnership and partnership accounts;
3. Redemption of foreclosure of Mortgage;
4. Rising of portion or other charge of land;
5. Sale and distribution of property subject to a lien or charge;
6. Execution of trust;
7. Ratification, cancellation or set a side of any written/dead instruments;
8. Specific performance of contract;
9. Partition all sale of real estate;
10.Wardship of infants in case of their estates.