Land Law or property law has a long history. In this presentation we study some of the historic laws related to property. All of these led to the development of Indian land law in modern times
This document provides an overview of property and intellectual property. It begins with definitions of property from various acts, noting that property refers to physical or virtual entities owned by individuals or groups. It then discusses several theories of property, including historical, labor, psychological, and functional theories. The document outlines different types of property, distinguishing between movable and immovable property. Finally, it defines intellectual property and the main categories of intellectual property: patents, trademarks, copyrights, and registered designs.
The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
The document discusses Salmond and Paton's views on the concept of possession. Some key points:
- Salmond said possession is one of the most difficult legal concepts and that possession confers ownership rights in many cases. He distinguished possession in fact from possession in law.
- Paton said Salmond's distinction between mediate and immediate possession is unnecessary for English law. Bailees and tenants have full possession.
- Holmes criticized Savigny and German theorists for only knowing Roman law and argued Anglo-American possession law derives from German law. He said a theory must fit facts and legislation, not defy convenience.
The document discusses the concepts of Mitakshara and Dayabhaga coparcenary under Hindu law. Under Mitakshara coparcenary, sons have birthright over coparcenary property and coparcenary is formed between father and sons by birth. Under Dayabhaga coparcenary, there is no birthright over ancestral property, coparcenary is formed after father's death between brothers/sisters, and is based on agreement not birth. The key differences between the two systems are outlined relating to birthright, formation of coparcenary, ability to demand partition, and nature of shares.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
This document provides an overview of property and intellectual property. It begins with definitions of property from various acts, noting that property refers to physical or virtual entities owned by individuals or groups. It then discusses several theories of property, including historical, labor, psychological, and functional theories. The document outlines different types of property, distinguishing between movable and immovable property. Finally, it defines intellectual property and the main categories of intellectual property: patents, trademarks, copyrights, and registered designs.
The document discusses the Advocates Act of 1961 and the roles of the Bar Council of India and State Bar Councils. It notes that the Advocates Act established the Bar Council of India and State Bar Councils to regulate the legal profession. The Bar Council of India lays down standards of conduct for advocates, promotes legal education and protects advocates' rights, while State Bar Councils admit advocates, handle misconduct cases, and safeguard advocates' interests at the state level.
The document discusses Salmond and Paton's views on the concept of possession. Some key points:
- Salmond said possession is one of the most difficult legal concepts and that possession confers ownership rights in many cases. He distinguished possession in fact from possession in law.
- Paton said Salmond's distinction between mediate and immediate possession is unnecessary for English law. Bailees and tenants have full possession.
- Holmes criticized Savigny and German theorists for only knowing Roman law and argued Anglo-American possession law derives from German law. He said a theory must fit facts and legislation, not defy convenience.
The document discusses the concepts of Mitakshara and Dayabhaga coparcenary under Hindu law. Under Mitakshara coparcenary, sons have birthright over coparcenary property and coparcenary is formed between father and sons by birth. Under Dayabhaga coparcenary, there is no birthright over ancestral property, coparcenary is formed after father's death between brothers/sisters, and is based on agreement not birth. The key differences between the two systems are outlined relating to birthright, formation of coparcenary, ability to demand partition, and nature of shares.
The present slides relate to the concept of Succession in the bothe Christian and Parsi law as given under the Indian Succession Act, 1925. Useful for Law students and Professionals.
This document discusses the doctrines of fixtures and profit a prendre under Indian law. It defines fixtures as things attached to land that become part of the land based on two maxims - whatever is planted in the earth becomes part of the earth, and whatever is built into or attached to the soil becomes part of the land. There are exceptions if there is a contract stating otherwise. Profit a prendre is defined as the right to enter another's land to take something of value, like crops, minerals, or game. It must involve an interest in the land and relate to the produce or profits of the soil. Various cases are used to illustrate what constitutes a fixture or profit a prendre under Indian law.
The Karta is the manager and head of a Hindu undivided family (HUF). The Karta can be male or female, and has the power to make decisions regarding the family business, properties, finances, and legal matters. The Karta is responsible for the general welfare of the family and managing the family's interests. A daughter can now become the Karta if she is the eldest member of the family, based on a recent court ruling establishing gender equality in Hindu succession rights and family management.
The document discusses the concept of alienation of joint family property under Hindu law. It defines alienation as the transfer of property and describes the various modes of voluntary and involuntary alienation. It explains the instances where the Karta (head of family) has the power to alienate joint family property for legal necessity or benefit of the estate. These include situations like repayment of family debts, maintenance of family members, necessary litigation expenses. The document outlines the parties that can challenge an alienation and states that the alienation can be challenged if the Karta exceeded his powers in alienating the property.
maintenance of wives, children and parentsraj kishor
This document discusses maintenance laws in India. It begins by defining maintenance and discussing maintenance under Hindu law, Muslim law, and the Criminal Procedure Code. The key points are:
1) Maintenance refers to financial support provided by a spouse or family member to someone unable to maintain themselves. It aims to maintain the recipient's standard of living.
2) The Criminal Procedure Code allows wives, children, and parents to seek maintenance from someone with sufficient means if they cannot maintain themselves.
3) Maintenance of wives seeks to prevent immorality and destitution. It is the husband's duty to provide financially for his wife.
1. The document defines key terms used in the Transfer of Property Act such as immovable property, instrument, attested, attached to the earth, notice, transfer of property, and conditions precedent and subsequent.
2. It explains what types of property can be transferred and who is competent to transfer property. Certain interests like those of tenants cannot be assigned.
3. When property is transferred, all interests that can be passed are transferred unless otherwise specified, including easements, rents, and things attached to the property. Conditions that restrain alienation or restrict enjoyment of property are generally void.
Interpretation of Statutes and Agreements in IndiaAnil Chawla
This Guide to interpretation of laws and legal documents is intended for non-legal professionals but may
also be useful for legal professionals and students.
Exchange is defined under Section 118 of the Transfer of Property Act, 1882 as the mutual transfer of ownership of one thing for the ownership of another by two persons. The key characteristics of an exchange are the transfer of exclusive ownership between parties, which can include both movable and immovable properties, as well as money. An exchange deed outlines the details of the transaction such as the parties, property descriptions, terms, and execution.
HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance.
This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II
Salient features of HSA
It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir.
It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF
Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son
A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The document discusses key issues in applying private international law to divorce cases, including multiplicity of forums, recognition of foreign divorce decrees, and India's approach. It notes that multiple countries can have jurisdiction over divorce cases, and recognition of foreign decrees depends on principles of comity and reciprocity. While Indian courts have recognized principles like domicile in divorce cases, the rules are scattered and not codified uniformly, leaving gaps that could allow exploitation. The document argues that India needs coherent legislation to properly deal with divorce and other issues in marriages involving Non-Resident Indians.
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
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
Casus omissus, interpretation of statutespoonamraj2010
The document discusses the legal concept of "casus omissus" which refers to a situation not provided for in the language of a statute. It notes that courts cannot supply omissions or legislate, they can only interpret the law. It provides examples from case law where courts have both refused to supply omissions due to clear legislative intent, and in other cases have supplied omitted words to avoid making a statute null. The document outlines principles from cases related to supplying omissions and harmonious construction of statutes.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
This document provides an overview of Muslim marriage law. It defines an Islamic marriage as a civil contract between a Muslim male and female witnessed by at least two males or a male and two females. The formalities of a valid marriage include uttering offer and acceptance words in the presence of witnesses and identifying the bride by name if not present. For a marriage to be valid it must be witnessed by at least two males or one male and two females. The document also discusses the pre-Islamic context of Arabian society and women's varied status between tribes.
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
This document provides a brief overview of some major developments in legal history from ancient Mesopotamian codes in 2350 BCE to amendments to the US Constitution in the 20th century. It summarizes key laws and documents such as Hammurabi's Code, the Ten Commandments, Justinian's Code, the US Constitution and Bill of Rights, and amendments regarding slavery, women's suffrage, and voting rights. These milestones helped shape legal and political systems around the world over millennia.
This document provides a brief overview of some major developments in the evolution of legal systems from ancient Mesopotamia to modern times. It outlines early legal codes like Hammurabi's Code from 1700 BCE, the Ten Commandments from 1300 BCE, and Draco's law from 621 BCE. It then discusses the development of legal systems in China, Rome, England, and the United States, including things like Justinian's Code, the Magna Carta, the US Constitution and Bill of Rights. The document traces the influence of Enlightenment thinkers on concepts of natural law and rights and highlights some landmark legal cases and amendments.
This document discusses the doctrines of fixtures and profit a prendre under Indian law. It defines fixtures as things attached to land that become part of the land based on two maxims - whatever is planted in the earth becomes part of the earth, and whatever is built into or attached to the soil becomes part of the land. There are exceptions if there is a contract stating otherwise. Profit a prendre is defined as the right to enter another's land to take something of value, like crops, minerals, or game. It must involve an interest in the land and relate to the produce or profits of the soil. Various cases are used to illustrate what constitutes a fixture or profit a prendre under Indian law.
The Karta is the manager and head of a Hindu undivided family (HUF). The Karta can be male or female, and has the power to make decisions regarding the family business, properties, finances, and legal matters. The Karta is responsible for the general welfare of the family and managing the family's interests. A daughter can now become the Karta if she is the eldest member of the family, based on a recent court ruling establishing gender equality in Hindu succession rights and family management.
The document discusses the concept of alienation of joint family property under Hindu law. It defines alienation as the transfer of property and describes the various modes of voluntary and involuntary alienation. It explains the instances where the Karta (head of family) has the power to alienate joint family property for legal necessity or benefit of the estate. These include situations like repayment of family debts, maintenance of family members, necessary litigation expenses. The document outlines the parties that can challenge an alienation and states that the alienation can be challenged if the Karta exceeded his powers in alienating the property.
maintenance of wives, children and parentsraj kishor
This document discusses maintenance laws in India. It begins by defining maintenance and discussing maintenance under Hindu law, Muslim law, and the Criminal Procedure Code. The key points are:
1) Maintenance refers to financial support provided by a spouse or family member to someone unable to maintain themselves. It aims to maintain the recipient's standard of living.
2) The Criminal Procedure Code allows wives, children, and parents to seek maintenance from someone with sufficient means if they cannot maintain themselves.
3) Maintenance of wives seeks to prevent immorality and destitution. It is the husband's duty to provide financially for his wife.
1. The document defines key terms used in the Transfer of Property Act such as immovable property, instrument, attested, attached to the earth, notice, transfer of property, and conditions precedent and subsequent.
2. It explains what types of property can be transferred and who is competent to transfer property. Certain interests like those of tenants cannot be assigned.
3. When property is transferred, all interests that can be passed are transferred unless otherwise specified, including easements, rents, and things attached to the property. Conditions that restrain alienation or restrict enjoyment of property are generally void.
Interpretation of Statutes and Agreements in IndiaAnil Chawla
This Guide to interpretation of laws and legal documents is intended for non-legal professionals but may
also be useful for legal professionals and students.
Exchange is defined under Section 118 of the Transfer of Property Act, 1882 as the mutual transfer of ownership of one thing for the ownership of another by two persons. The key characteristics of an exchange are the transfer of exclusive ownership between parties, which can include both movable and immovable properties, as well as money. An exchange deed outlines the details of the transaction such as the parties, property descriptions, terms, and execution.
HINDU SUCCCESSION Act 1956 deals with devolution of property by way of succession with respect to inheritance.
This act came into force 17 june 1956. it consist of four chapters ONE SCHEUDULE OF HEIRS CLASS I AND CLASS II
Salient features of HSA
It defines cognates, agnates, full blood, half blood, uterine blood,intestate, heir.
It provides how property is devolved by of succession from male after his death to heir.Meaning of coparcenary- traditional mitakshara concept is followed by hindu regards birth of son only subject to coparcenary rights wrt. JHF
Coparcenary can be rationalised in joint hindu family(ancestral property) rights coming from four degree or upto threee male lineal ascendants.eg great grand father to grand father to father to son
A-B-C-D-E HERE A IS GREAT GRAND FATHER
B is grand father C is father, D is Son E Is son's son
here on the death of A, B will replace similarly A and all will have coparcenary rights B acting as KARTA in JHF.
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The document discusses key issues in applying private international law to divorce cases, including multiplicity of forums, recognition of foreign divorce decrees, and India's approach. It notes that multiple countries can have jurisdiction over divorce cases, and recognition of foreign decrees depends on principles of comity and reciprocity. While Indian courts have recognized principles like domicile in divorce cases, the rules are scattered and not codified uniformly, leaving gaps that could allow exploitation. The document argues that India needs coherent legislation to properly deal with divorce and other issues in marriages involving Non-Resident Indians.
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
The document summarizes key changes brought by the Hindu Succession Amendment Act of 2005 to the original Hindu Succession Act of 1956. The 2005 amendment aims to remove gender discrimination by giving daughters equal rights to ancestral coparcenary property as sons. It provides that daughters, like sons, have birthright as coparceners in joint Hindu family property. However, this does not apply retroactively to married daughters before 2005. The amendment also makes women's inheritance rights in agricultural land equal to men's. It removes other discriminatory provisions regarding female inheritance and rights to the parental dwelling house.
Casus omissus, interpretation of statutespoonamraj2010
The document discusses the legal concept of "casus omissus" which refers to a situation not provided for in the language of a statute. It notes that courts cannot supply omissions or legislate, they can only interpret the law. It provides examples from case law where courts have both refused to supply omissions due to clear legislative intent, and in other cases have supplied omitted words to avoid making a statute null. The document outlines principles from cases related to supplying omissions and harmonious construction of statutes.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
This document provides an overview of Muslim marriage law. It defines an Islamic marriage as a civil contract between a Muslim male and female witnessed by at least two males or a male and two females. The formalities of a valid marriage include uttering offer and acceptance words in the presence of witnesses and identifying the bride by name if not present. For a marriage to be valid it must be witnessed by at least two males or one male and two females. The document also discusses the pre-Islamic context of Arabian society and women's varied status between tribes.
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
This document provides a brief overview of some major developments in legal history from ancient Mesopotamian codes in 2350 BCE to amendments to the US Constitution in the 20th century. It summarizes key laws and documents such as Hammurabi's Code, the Ten Commandments, Justinian's Code, the US Constitution and Bill of Rights, and amendments regarding slavery, women's suffrage, and voting rights. These milestones helped shape legal and political systems around the world over millennia.
This document provides a brief overview of some major developments in the evolution of legal systems from ancient Mesopotamia to modern times. It outlines early legal codes like Hammurabi's Code from 1700 BCE, the Ten Commandments from 1300 BCE, and Draco's law from 621 BCE. It then discusses the development of legal systems in China, Rome, England, and the United States, including things like Justinian's Code, the Magna Carta, the US Constitution and Bill of Rights. The document traces the influence of Enlightenment thinkers on concepts of natural law and rights and highlights some landmark legal cases and amendments.
This document provides a timeline and overview of the history of criminal justice and punishment from ancient times through the 1700s AD. It describes early legal codes and concepts of justice in ancient Egypt, Mesopotamia, Greece, and Rome. It then outlines the development of criminal law and policing in medieval and colonial England, including the establishment of jails, trial by jury, debtor's prisons, transportation of criminals, and the introduction of night watchmen. The document also discusses the rise of gin drinking in the 1700s in England and the associated increase in crime.
This document summarizes several major legal traditions from around the world. It discusses the Egyptian legal system dating back 4000 BC, the Code of Hammurabi in Mesopotamia from 1792-1750 BC, the Hebrew legal system beginning with the laws of Moses, China's emphasis on rule by virtuous men over written laws, and the common law tradition emerging in medieval England. It also outlines some key aspects of the civil law, socialist, Islamic, and compares components of different legal traditions.
The document provides an overview of equity and common law in England. It discusses:
- What equity means in a legal context, how it developed as a separate system from common law to mitigate rigidity and achieve fairness.
- The origins and development of common law from Norman invasion and creation of King's Bench courts.
- How the Court of Chancery was created to hear petitions for extraordinary justice from the Lord Chancellor, developing equity jurisdiction.
- The Judicature Acts of 1873-1875 which amalgamated common law and equity courts into a single Supreme Court, debated whether this fused the rules or just administration.
- Scholarly perspectives on whether the rules of equity and common law remain distinct or were fully
The British legal system has evolved over many centuries, incorporating influences from the Romans, Normans, and other groups. Key developments include the Magna Carta in 1215 establishing due process rights, the English Civil War in 1651 increasing Parliament's power over the monarchy, and the formation of the Supreme Court in 2009 replacing the House of Lords as the highest court. The legal profession also took shape between the 17th-18th centuries, adopting traditions like powdered wigs that remain part of formal court attire today. Over time, the British legal system has adapted while retaining influences from its long history.
The document discusses the roots of American government in ancient Greece, Rome, English traditions, and Enlightenment thinkers. It explains that ancient Athens had a direct democracy and Rome established a republican system with elected representatives. The Magna Carta established that the English monarchy had to obey the law and consult Parliament on taxes. The English Bill of Rights protected rights like free elections, habeas corpus, and bearing arms. American democracy has its origins in documents like the Mayflower Compact and influence from Enlightenment philosophers like Locke and Montesquieu's idea of separating government powers.
MALAYSIAN LEGAL SYSTEM Legal History THE MALAY STATES Part 2xareejx
The document discusses the legal system in the Malay states under British influence between the 19th to early 20th century. It notes that while the states were not formally under British rule, British advisors were appointed and helped establish courts that applied English law as well as Islamic and local customary laws. Over time this resulted in Islamic law being marginalized to personal matters while English law took on greater application in other areas.
George Nicholson presents on Aboriginal and treaty rights in British Columbia. He discusses the origins of Aboriginal property rights in common law, key court cases like Calder, Sparrow and Van der Peet that affirmed Aboriginal title and rights, and the recognition of Aboriginal rights in the Constitution. He also examines the content of Aboriginal rights and how they may be impacted by modern treaties. The presentation provides a legal primer on the historical foundations and current understanding of Aboriginal title and rights in British Columbia.
A Brief History Of Law Books & Law Librariestdhamblin
This document provides a brief history of law books and law libraries and their impact on Western civilization. It discusses some of the earliest legal texts from ancient Mesopotamia including the Code of Ur-Nammu and the Code of Hammurabi. It then covers the development of law libraries and legal education at various universities in Europe and the spread of Roman and common law traditions. The document concludes by noting the transition to electronic legal research through services like LexisNexis and Westlaw and the increasing role of the internet and web resources.
This document provides an overview of the origins of American government from English political influences to the establishment of self-government in the colonies. It discusses how the English traditions of limited government and representative democracy were brought over by early settlers. Key events that established these principles in England, like the Magna Carta and English Bill of Rights, influenced the colonies. Tensions grew between Britain and its colonies over taxation and control, leading the colonies to unite and declare independence through the Continental Congresses and the Declaration of Independence.
3a Australia's government, terra nullius and federationpaulwhite1983
Australia has a federal parliamentary democracy and constitutional monarchy form of government. This system originated from British colonization of Australia beginning in 1770, when Captain Cook claimed the land for Britain under the legal doctrine of terra nullius, meaning "land belonging to no one," despite the presence of indigenous Australians. Over the following centuries, Britain established six colonies that were eventually federated in 1901 to form the self-governing Commonwealth of Australia, maintaining allegiance to the British monarch.
The Magna Carta was issued in 1215 to limit the power of King John of England and protect citizens from unjust laws and punishments. It established that everyone, including the king, was subject to the rule of law. It guaranteed rights such as habeas corpus and due process. Over time, it came to represent the principle that individuals have certain fundamental rights that cannot be taken away by government. The Magna Carta influenced many later documents like the English Bill of Rights and helped establish the idea of constitutional law.
The Magna Carta was issued in 1215 to limit the power of King John of England and protect citizens from unjust laws and punishments. It established that everyone, including the king, was subject to the rule of law. It guaranteed rights such as due process and required that taxes and punishments be fair and in accordance with traditional law. Over time, it came to represent the fundamental principle that no one is above the law, including the monarch. It influenced the development of constitutional law around the world.
The Magna Carta was issued in 1215 to limit the power of King John of England and protect citizens from unjust laws and punishments. It established for the first time that the king was not above the law. The charter gave people rights and freedoms that had not previously existed. Over time it was revised and reinforced, with some sections still in effect today. The Magna Carta influenced many later documents and revolutionized the concept of fair justice for all members of society.
The Magna Carta was issued in 1215 to limit the power of King John of England and protect citizens from unjust laws and punishments. It established that everyone, including the king, was subject to the rule of law. It guaranteed rights such as due process and required that taxes and punishments be fair and in accordance with traditional law. Over time, it came to represent the political rights of subjects against the absolute power of the monarch and influenced documents like the US Bill of Rights.
Land Law 1 HISTORICAL BACKGROUND OF LAND LAW IN MALAYSIAxareejx
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In this presentation we discuss some elements of a contract as per the Indian Contract Act 1872. We discuss what is a valid and invalid contract, offer, acceptance and consideration.
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As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
2. Introduction
• Land Law or property law has a long history
• In this presentation we study some of the historic laws related to
property
• All of these led to the development of Indian land law in modern
times
3. Property law in Roman times
• The Romans had the concept of compensation for wrongful damage to
property.
• They had a law called Lex Aquilia, from 3rd century BC
• The law provided for compensation for Roman citizens from vandalism and
destruction of property.
• One of the provisions of that law stated “As regards things other than men
and cattle which have been killed, if any one does damage to another, and
unlawfully burns, breaks, or ruptures something, let him be ordered to pay
its owner whatever that thing is worth in the nearest thirty days.”
• Reference: https://en.wikipedia.org/wiki/Lex_Aquilia
4. Property law in Kautilya’s Arthashastra
• Kautilya’s Arthashastra was written by Chanakya, from 3rd century BC
• It had provisions for land management and division of inheritance.
• One of the property related statements in that law states “A father,
distributing his property while he his alive, shall make no distinction in
dividing it among his sons. Nor shall a father deprive without
sufficient reason any of the sons of his share. Father being dead
leaving no property, the elder sons shall show favour to the younger
ones, if the latter are not of bad character.”
• Reference: https://www.wisdomlib.org/hinduism/book/kautilya-
arthashastra/d/doc366088.html
5. Property law in Torah and Bible
• As per the original Jewish law described in the Torah, property was
only to be inherited and not sold to outsiders to the family or the
clan, unless in exceptional circumstances.
• “But the land must not be sold beyond reclaim, for the land is Mine;
you are but strangers resident with Me" (Leviticus 25:23)
• Later, sale contracts were instituted.
• Reference:
https://www.encyclopedia.com/environment/encyclopedias-
almanacs-transcripts-and-maps/israelite-law-property-law
6. Property as per Roman Civil Law
• As per the Roman civil law instituted by Emperor Justinian in 6th
Century AD, land could be owned by individuals and also transferred
to others
• The transfer of property was done upon following a set procedure
involving witnesses and copper ignots.
• Reference: https://www.britannica.com/topic/Roman-law/The-law-
of-property-and-possession
7. Property law in Islam
• Islamic law also provided for inheritance of property by legal heirs.
• There was the concept of Waseyya or will, which stated how a person
could willingly transfer one third of their property to another upon
their death
• The law also has the concept of Fara’id or Mirath which defined how
much proportion of the deceased person’s property and assets
should be distributed to which heirs.
• Reference:
https://en.wikipedia.org/wiki/Islamic_inheritance_jurisprudence
8. Property laws in medieval ages
• In the medieval ages, canon law of the church largely governed
property transactions in Europe
• Canon law covering things such as wills and property acquisition.
• It also influenced the law on property in the post reformation era.
• Reference: https://en.wikipedia.org/wiki/Canon_law
9. John Locke’s views on property rights
• Upon the end of feudal era, philosophers wrote about property rights
• John Locke was a British philosopher who wrote about property rights
in his book “The Two Treatises of Government (1690)”
• Locke’s theory is called Labor theory of property
• As per Locke, under natural law, all people have the right to “life,
liberty, and estate (property)”
• He argued for individual property rights as natural rights
• Reference: https://en.wikipedia.org/wiki/Labor_theory_of_property
10. Property law in England
• English property law descended from a combination of Roman law and
various feudal laws governing land and other property
• Feudal laws included
• The Commons Act 1236
• Statute of Westminster 1285.
• After reformation, important reformed property laws were brought in
England including:
• Land Transfer Act 1875: provided for voluntary land registration
• Land Registration Act 1925: provided for compulsory land registration
• Wills Act 1837: dealt with transfer of property through Wills
• Law of Property Act 1925
• Reference: https://en.wikipedia.org/wiki/History_of_English_land_law
11. Indian Property law under British rule and
later
• With the advent of British rule in India and their creation of courts and a
legal system modelled on the British legal system, property law changed in
India.
• The Transfer of Property Act 1882 was the main act that stated the rules
for transfer of moveable and immoveable property to another person.
• Another two important acts that govern property:
• Sale of goods act 1930 (which governed sale of property)
• Indian Succession Act 1925 (governing succession of property to heirs or upon
making a will)
• These three laws lay the foundation of property law in India.
• The same laws have survived in independent India with some
modifications.
• Reference: https://en.wikipedia.org/wiki/Transfer_of_Property_Act_1882