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LL1 slides extent of ownership and enjoyment of land part 2xareejx
Ll1 slides extent of ownership and enjoyment of land part 2
Right to underground land, below the surface of the land
Right to support of land in its natural state
LL1 slides extent of ownership and enjoyment of land part 2xareejx
Ll1 slides extent of ownership and enjoyment of land part 2
Right to underground land, below the surface of the land
Right to support of land in its natural state
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
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Contents :
Definition
Importance
Attendance
Appearance
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Writ, service, appearance & judgment in default (2017-2018)Intan Muhammad
Writ - includes endorsement , transfer, issuance of writ
Service - includes substitute/personal service, serve based on contract, serve to solicitor / partnership, AOS
Appearance - includes how and when to insert appearance
JID - includes type and proof of services
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Preliminary matters to be considered before commencing a civil suitIntan Muhammad
Contents :
Cause of Action
Locus Standi
Limitation Period
Jurisdiction of Court & Mode of beginning (in s separate note, namely bidang kuasa sivil mahkamah2 di malaysia)
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Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...Intan Muhammad
This chapter covers mainly court's jurisdiction for civil matters for magistrate court, sessions court, high court etc. anddd a bit of mode of beginning :)
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Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Arrest, Summon and Warrants under Malaysian CPC (2017-2018)Intan Muhammad
Contents are listed in the 1st page.
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Relevancy of evidence under section 14, 15, 16 of Evidence Act 1950 (2017-2018)Intan Muhammad
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Non expert opinion is not covered yeah:)
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Relevancy of evidence under Section 7 of Evidence Act 1950Intan Muhammad
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Relevancy of evidence under Section 6 of Evidence Act 1950Intan Muhammad
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Relevancy of evidence under Section 5 of Evidence Act1950Intan Muhammad
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P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Confession under Malaysian Evidence Act 1950Intan Muhammad
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Pengkelasan , penggunaan dan hak hak ke atas tanahIntan Muhammad
contents :
syarat nyata, tersirat dan kepentingan, kategori dan penggunaan tanah, law of forfeiture in malaysia and all rights given to proprietor
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indefesiability of right- immediate and deferred in Malaysia overruled by Tan Yin Hong case
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P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
State's power of disposal and rights of reversionIntan Muhammad
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contents : konsep dan pemindaan sahaja
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DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
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.
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 .
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.
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.
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)
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
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/.
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.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
1. Definition of Land & Law of Fixtures
I. Natural rights
A. conferred to a proprietor of any type of land are governed in Section
44.
B. Natural right here means it is not necessary for the proprietor to
seek for permission to use the land and he can take actions against
trespassers
C. S44 NLC :
1. Rights to use of enjoyment of air space, support of land in its natural state
by adjacent lands and right of access are subjected to other provisions of
NLC and other written law (Civil Aviation Act, Customs Act etc
II. Definition of “land”
S5(a) surface of earth and all substances forming that surface
S5(b) the earth below the surface and all substances therein
S5(c) all vegetation and other natural products
S5(d) all things attached to earth/fastened permanently
S5(e) land covered by water
A. MBf Finance Bhd v Global Pacific Textile Industries Sdn Bhd
1. Held: Definition of land in s5(d) can be contracted out by parties
III. Law of Fixture (Rule and Exceptions)
B. Concept of fixture
1. In order to determine the ownership of land, it is important to identify
what constitutes fixture because land has been defined has been defines
to include things attach to it
2. 2. Quic quid platatur solo, solo cedit : whatever attached to land ecomes
part of the land
3. Fixture is chattel which is so affixed to land / to building on land as to
become in fact part of building or land thereof.
4. If something is found to be fixture, it will pass together with the
ownership
5. Minshall v Lloyd : General rule is whatever is attached to soil becomes
part of soil.
i. In this case, engines have been part affixed in substantial manner
to the land soit is a fixture
C. Test to distinguish fixture and chattel
1. Test in Australian Provincial Assurance Co Ltd v Coroneo
i. Fixture
is fixed to land by any means other than its own weight,
and
the intention of parties is that the fixture shall remain in
position permanently or for indefinite or substantial
period/ temporary.
2. Degree of annexation (damage test)
i. Whether the chattel can easily be removed without injury to
oneself or to the premise
ii. Damage could be physical or conceptual (doors being removed
from house)
which raises prima facie finding of fact by looking at degree of affixation
of an article to land [even slightly attached rebuttable presumption that it
is part of land, article attached by own weight not part of land but chattel]
even though article affixed by bolts and screws can be considered
as part of land if it is used to enhance value of premise
3. 3. purpose of annexation tests [not motive but consideration of purpose
of annexation]
i. This test will strengthen or rebut the degree of annexation,
strengthen if its for better enjoyment (enjoyment test)
ii. Socfin Co Ltd v Chairman, Klang Town Council (Fixture)
a. Network of pipe lines is connected to tanks. Pipes joined
together with nuts and bolts and can be disconnected from
tank and taken away in lengths. Whether storage tanks are
structures connected with platforms and pillars.
b. Held: since the tank was situated there for the purpose of
better enjoyment as it ease the loading of the company’s oil
on ships, thus it was a fixture.
iii. Goh Chong Hin v The Consolidated Malay Rubber Estates Ltd
a. Machinery was annexed by bolts and nuts to concrete
foundations sunk in soil. Fixture & enhance value and utility
of rubber estate land.
b. if for better enjoyment of land so as to improve its value
and usefulness will strengthen the presumption of fixture
unless stated otherwise, fixtures passed to a new owner
iv. The Shell Co v Commissioner of Federal Capital of KL
a. Tanks buried 2 feet below ground level and are turfed over
with concrete or macadam. Tanks are embedded in earth.
Tanks when placed underground were intended to remain
in situ so long as filling stations continue in operation.
Fixture.
IV. Exceptions to law of fixture
A. Exceptions to the general rule in the law of fixtures
1. Concept: general rule will be inapplicable
4. 2. MBF Finance v Global Pacific Textile Industries
Facts Dyeing machines were installed in the factory temporarily, their removal would
not occasion a material injury
The annexing of the machine was not intended to be permanent and never
intended to deprive P’s title
Held If there is clear provision regarding the nature of the fixture and such provision
has clearly specified the limitations imposed on the ownership, then the test is
inapplicable
B. Exceptions under common law
C. Exceptions under custom
1. Re Tiambi bte Ma’amin
i. Malay house by custom movable property. Malay house is built
upon brick piers or pillars with foundations let into soil. Custom
that Malays frequently remove their houses from one place to
another. House is chattel.
2. Kiah bte Hanapiah v Som bte Hanapiah
i. Wooden house are regardedas personality in which ownership
maybe separate from ownership of soil.