These slides describe what is meant by "Prescriptive Rights" and how properties are acquired through Prescription. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
The main provisions of the Prevention Frauds Ordinance. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
The main provisions of the Prevention Frauds Ordinance. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
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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.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
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.
These slides describe the law that applies to Last Wills and how a Last Will can be created. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
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.
this presentation explains important concepts/definitions of
PROPERTY, ITS KINDS, IMMOVABLE AND MOVABLE
PROPERTY, LAND, INSTRUMENT, ATTESTED,
REGISTERED, and ACTIONABLE CLAIMS
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.
These slides describe the law that applies to Last Wills and how a Last Will can be created. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe who can enter contracts and limitations to such rights to contract. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
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These slides describe when a Deed can be rectified and the steps that should be followed for such rectification. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
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These slides describe the law applicable to sale of immovable property and the steps that should be followed in such a transaction. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the effect of Servitudes on immovable property and what are positive and negative Servitudes. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the legal status of co-ownership. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the law relating to the payment of stamp duty and when such payment should be made in respect of various instruments. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
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One of the series of lectures of the Post Attorney Diploma in Conveyancing and Real Property Rights conducted by the Institute of Advanced Legal Studies affiliated to the Sri Lanka Law College (2019 - 2020)
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ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
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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.
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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.
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
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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)
Military Commissions details LtCol Thomas Jasper as Detailed Defense Counsel
Law of Prescription
1. Prescription
Prescription Ordinance No. 22 of 1871
amended by
Ordinance No. 2 of 1889
Ajithaa Edirimane, LLB MLB
Attorney-at-Law & Notary Public
COPYRIGHT Ajithaa Edirimane - No part of this slide
presentation shall be copied or extracted or used in
anyway without the publisher’s permission -
ajithaa2001@yahoo.com
2. This ordinance supersedes the principles of
Roman Dutch Law which applies to immovable
property in Sri Lanka
- Terunnanse vs Manike (1829) 1 NLR 200 This
Ordinance contains the requirements to establish
ownership through prescription on immovable property
- Fernando vs Wijesooriya (1947) 48 NLR 320
It is not necessary to prove that the possessor had some
title to the property at the time of entry. The whole law of
prescription is found in the Ordinance No 22 of 1871
3. Sec. 3 of the Ordinance
Elements necessary to establish prescriptive rights
through an action of declaration of title:
1. Undisturbed and uninterrupted possession
2. By a title adverse to or independent of the
owner
3. For 10 years (previous to the bringing of an
action)
4. What is meant by ‘previous to the bringing of an action?’
Perera vs Perera (1903) 7 NLR 173 – 10 yrs possession
immediately before the filing of an action is not
necessary.
Sec. 4 – Possessory Action to be brought within one year.
The Ordinance does not provide for the registration of
prescriptive title even though ownership acquired
through prescription is recognized.
The current practice: Registration of a Deed of
Declaration (Important to get all relevant
background information)
Sec. 3 of the Ordinance
5. Undisturbed and uninterrupted
possession;
1. Actual physical possession necessary - Matilda Peiris vs Clara
Fernando (1961) 62 NLR 534
2. Derivative Possession acceptable ; through a person legally
occupying property as a tenant – Fernando vs Manika (1906) 3
Balasingham Reports 115
3. Possession by co-owners of an informal but definite partition of a
land where each party enters into possession of his share, then it
is adequate to establish prescriptive rights. Kirimenika vs
Manikhamy (1921) 22 NLR 510 (In the Privy Council case of
Corea vs Iseris Appuhamy (1911) it was held that a co-owner’s
possession is in law the possession of other co-owners. However,
this changed in the Supreme Court full bench decision in 1918
Tillekeratne vs Bastian where it was held ‘possession originally of
a co-owner has become adverse’.
4. An unsuccessful action against a person in possession does not
interrupt the running of prescription. Tamel vs Anohamy (1917)
6. Adverse Possession
An occupation which began in a dependant or
subordinate capacity can be converted to “adverse
possession “
E.g. Silva vs Letchiman Chetty (1922) 23 NLR 372
- A agreed to sell B his 1/12th share
- and the 1/12th share of his 2 minor children
- Deed indicated that A had given possession and
received consideration
- Minors attained the age of majority 15 years before the
action but did not make any claim of ownership
- Court held that B acquired prescriptive rights of the
shares of land held by the minors.
7. Persons against whom Prescriptive rights
cannot be claimed – Sec. 13
Prescriptive rights cannot be claimed against a
person who is an:
1. Infant ( minor ) – Ref. Silva vs Letchiman
Chetty
2. Idiot
3. Of unsound mind
4. Lunatic
5. Absent beyond the seas – This does not apply
to party who has appointed an Attorney to act
on his behalf in the island
8. Persons against whom Prescriptive rights
cannot be claimed – Sec. 13 (cont)
In such a situation Prescriptive rights shall begin to
run :
1. From the date of death of the party against
whom the rights are claimed or
2. From the date of termination of the disabilities
which ever occurs first
9. Property against which Prescription does not
apply – Sec. 15
State Property : AG vs Punchirala (1915)
18 NLR 152 - In the case of chena lands
in the Kandyan Provinces, title by
prescription cannot be claimed as these
are deemed belonging to the Crown.
10. Conclusive proof of title
Sec. 13 (proviso)
1. Adverse and uninterrupted possession
2. By a person or party claiming under him
3. For 30 years
AG vs Kirimudiyanse (1947) 35 CLW 43
Held that the period of prescriptive possession
against the Crown appears to be 30 years.