LLB LAW NOTES ON PROPERTY LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Maxims of Equity and Their Applications in BangladeshPreeti Sikder
Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
Learning Outcome:
Students will be :
- able to identify the areas of application for major equitable maxims,
- aware about the application opportunities of equitable maxims in Bangladeshi Laws
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
LLB LAW NOTES ON PROPERTY LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
Maxims of Equity and Their Applications in BangladeshPreeti Sikder
Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
Learning Outcome:
Students will be :
- able to identify the areas of application for major equitable maxims,
- aware about the application opportunities of equitable maxims in Bangladeshi Laws
World Legal System and their Salient FeaturesSagar Bansal
TOPICS - COMMON LAW, CIVIL LAW, RELIGION - STATE RELATION, INDIAN LEGAL SYSTEM.
Legal system refers to a procedure or process for interpreting and enforcing the law. It elaborates the rights and responsibilities in a variety of ways. Three major legal systems of the world consist of civil law, common law and religious law.
Abstract: Malaysia is a multi-ethnic and multi-cultural country where heterogeneous groups of people follow different religions peacefully. This land was previously ruled by Dutch, Portuguese and English colonisers who left huge influences in framing its plural legal systems. The objective of this study is to analyze the influences of ancestral customs and norms that have been practiced along with the introduction of Islamic principles and the recognition of English laws in Malay and Borneo-islands and their impact on framing the current legal system of Malaysia. It will investigate if different cultures have influenced the adoption and development of legal systems in Malaysia. This study will also look at the changes in Malay culture because of the adoption of different legal systems and will analyse the factors that may have encouraged the Malay Sultans to accept different laws into their own states. This article will also identify the reasons why orthodox people willingly abide by this plural legal system in settling their daily disputes in different courts. Data from journals and books have been taken into consideration in undertaking this study. It has also sifted through some prominent decisions of the judges. After considering all materials, this study advocates that, the federal laws of Malaysia are the combination of three principles: the common laws (applicable to all citizens in civil and criminal matters), the Shariah (applicable for Muslims especially in matrimonial matters) and the Native laws (for the indigenous people of Sabah and Sarawak). This study will look into how the state authority as well as the federal government manages and controls these plural court systems within a federal territory.
Key Words: Legal Pluralism, Legal System, Civil Courts, Shariah Courts & Native Courts.
presentation on law as an instrument of social engineering contains- WHAT IS LAW. Why Law Is Needed In Society. SOCIAL ENGINEERING. What Would Happen If There Are No Laws. ROSCOE POUND’S THEORY. Interests . • Law As Social Engineering Theory of Balancing of Interests. Law as Purposive Functional and Need- Based. Summary
What Are Human Rights?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.
International Human Rights Law
International human rights law lays down the obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.
One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law—a universal and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a broad range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also established mechanisms to promote and protect these rights and to assist states in carrying out their responsibilities.
The foundations of this body of law are the Charter of the United Nations and the Universal Declaration of Human Rights, adopted by the General Assembly in 1945 and 1948, respectively. Since then, the United Nations has gradually expanded human rights law to encompass specific standards for women, children, persons with disabilities, minorities and other vulnerable groups, who now possess rights that protect them from discrimination that had long been common in many societies.
Universal Declaration of Human Rights
Basic human right is a concept that can be related to every race, religion, belief, culture and country. Basic human right is aspiration of every individual to achieve happiness in their live.
Sources of Human Rights in Islam and WesternEHSAN KHAN
Human rights are a special sort of inalienable moral entitlement. They attach to all persons equally, by virtue of their humanity, irrespective of race, nationality, or membership of any particular social group. Human rights belong to an individual as a consequence of being human. The term came into wide use after World War II, replacing the earlier phrase "natural rights," which had been associated with the Greco-Roman concept of natural law since the end of the Middle Ages. As understood today, human rights refer to a wide variety of values and capabilities reflecting the diversity of human circumstances and history. They are conceived of as universal Universality of human rights is controutrsial, applying to all human beings everywhere, and as fundamental, referring to essential or basic human needs.
The concept of human rights is based on the belief that every human being is entitled to enjoy her/his rights without discrimination. Human rights differ from other rights in two respects. Firstly, they are characterized by being:
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
Various statutory provisions in India under the Factories Act,1948 and various other enactments, providing facilities like healthcare, canteens etc to labor.
A short overview on the Trade Disputes Act, 1929, which preceded the Industrial Disputes Act, 1947. The enactment was meant to regulate disputes between employers and workers in India.
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.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
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.
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.
2. Pound was an American legal
scholar. He was the Dean of the
Harvard Law School. He is
considered to be the father of
American Sociological
Jurisprudence. The emergence
of American Realist School owes
its origin to Pound’s theory.
3. The jurisprudence of interests, as
propounded by Ihering, was
further taken forward by Roscoe
Pound.
6. Functional Aspect of Law
Pound laid greater stress on functional
aspect of law. Law is an instrumentality
of social engineering. It is through law
that different interests are sought to be
balanced.
7. Social Engineering
When the demand, desire, expectations of
the individual interest, social interest and
public interest are competing and
conflicting in nature, the balancing
instrument used with the force of the
state to harmonize and reconcile these
interests prevailing in the society is
known as social engineering.
8. Whose task is social engineering???
It’s the lawyer’s task. The courts,
legislators, administrators, and jurists
must work with a plan and make an
effort to achieve it.
9. Social Engineering
Pound likened the task of a lawyer to an engineer.
The purpose of social engineering is to construct as
efficient a society as possible, one which ensures the
satisfaction of the maximum of interests with minimal
friction (tension and disagreements) and wastage of
resources.
Social engineering involves balancing of the competing
interests. It is a process of social ordering.
The whole process of social engineering is to be guided
by a plan.
10. Types of Interest
1) Individual
2) Public
3) Social
Pound defines an ‘interest’ as a demand,
desire or an expectation which human
beings either singly or in a group seek to
achieve.
11. Individual Interest
1. Personality: It includes the interests of physical
integrity (no physical harm to person),
reputation, dignity, privacy, freedom of
conscience etc.
2. Domestic Relations: It includes the interests of
parents, children, husband, wife.
3. Interest of Substance: It includes the interests
of property, succession, freedom of industry and
contract, freedom of association, continuity of
employment etc.
12. Public Interest
1. Interest in the preservation of the State
2. State as a guardian of social interests
such as administration of charitable
trusts, protection of natural environment
etc. This category seems to overlap with
the next major category.
14. Pound accepted that such interests cannot
be classified into watertight compartments
and that they are overlapping.
These interests are secured through the
device of legal persons and attribution of
claims, duties, liberties, powers, and
immunities. There is also a remedial
machinery behind them which aims
sometimes at punishment, sometimes at
redress and sometimes at prevention.
15. Pound argued that Interests could only be
balanced if they are placed on the same
plane. Thus, social interests can only be
weighed against social interests and
individual interests can only be weighed
against individual interests.
.
In the words of Pound, “If we put one as an
individual interest and the other as a social
interest, we may decide the question in
advance in our way of putting it.”
16. In other words, when we frame the conflict
in terms of individual versus society, social
interest will always triumph over
individual interest due to the natural biases
of the legal system.
Pound regarded social and individual
interests as mutually translatable. This
is because society has an interest in
promotion of individual interests and
individuals have an interest in
promotion of social goals.
17. For example, the freedom of person might
be regarded as an individual interest but it
is translatable as an interest of the society
that its members should be free. Also, the
interest of individuals in domestic
relationships is translatable to the interest
of society in institutions such as family and
marriage.
18. Jural Postulates
In order to evaluate the conflicting interests
in due order of priority, Pound suggested
certain assumptions of a civilized society,
which he called as ‘jural postulates’.
These are to be applied by both legislature
and judiciary in harmonizing various
interests. Pound has mentioned 5 jural
postulates as follows: In a civilized
society, men must be able to assume
that…
19. I. Others will not commit intentional aggression
against them. Example: assault, battery, murder.
II. They can use and control things that they have
discovered, produced or legitimately acquired.
Example: agricultural land, patents, copyrights.
III. Those with whom they deal as a member of the
society will act in good faith. Example: keeping
promises, quasi-contract, unjust enrichment
principle.
IV. Others will act with due care and will not cast
unreasonable risk of injury upon others. Example:
Negligence.
V. Others will keep things within their boundary and
should look after those things so that their escape
should not harm others. Example: Strict Liability
20. Later, Pound added 3 new postulates:
VI. A person will have security as a job holder.
Example: labor law, contract of employment
VII. Society will bear the burden of supporting a
person when he becomes aged. Example:
concessions in railway tickets
VIII. The society will bear the risk of unforeseen
misfortunes such as disablement. Example: quota
for physically disabled persons in education.
21. The jural postulates are not absolute. They
are of a changing nature. They may be
revised from time to time. New postulates
may emerge with societal progress. These
assumptions may also vary from one legal
system to another. Pound had formulated
these postulates especially in context of the
American Legal System.
22. Criticism of Pound’s Theory
The division of public and social interests is
criticized on the ground that in fact they are
all social interests.
What do waste and friction mean in relation
to conflict of interest: not explained
With laws, there can be no detailed plans as
the society keeps changing constantly.
23. Criticism of Pound’s Theory
Dias says that interests should not be
merely weighed against each other.
There should be some ideal which
serves as a yardstick to measure the
interests. I do not agree with this view
of Dias. Pound has in fact provided
certain yardsticks in the form of jural
postulates.
24. Criticism of Pound’s Theory
Use of the term ‘engineering’ is criticized on the ground that
it equates society to a factory like mechanism. Society is
dynamic whereas a factory is static. Pound’s emphasis on
‘engineering’ ignores the fact that law evolves and develops
in the society according to social needs and wants. I do not
agree with this criticism because Pound, in holding that
interest cannot be put into water tight compartments and in
keeping the jural postulates flexible, has in fact made the
best efforts to ensure that law meets needs of different
societies at different times. I feel that, with ‘engineering’,
Pound meant rational planning and its execution. Indeed, it
is necessary that laws should be made with such approach.
That is why, there are so many debates before passing of a
Bill, for example, the Surrogacy Bill.
25. My Own Conclusion
The idea of social engineering indicates that Pound saw
development of law as a result of conscious efforts and not
as a spontaneous mechanism, just like Ihering.
Just like Ihering, Pound also classified interests but unlike
Ihering, it seems he did not give primacy to social interest
over individual interest.
I agree with Pound that interests should be placed on the
same plane for the purpose of balancing, otherwise it would
be like comparing apples to oranges.
He has listed out different interest and has pointed out how
they should be secured and how they should be balanced.