The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
The document discusses the legal maxim of noscitur a sociis, which means "a word is known by the company it keeps." It provides examples from case law where courts have used this maxim to interpret terms in context. Specifically, it discusses cases where:
1) The term "entertainment" was interpreted in context of surrounding words like "refreshment" and "resort."
2) The term "interest" was understood to mean "annual interest" based on accompanying words.
3) The term "case or canister" was held to exclude a cloth bag based on the intended strength of the described container.
4) The term "perfume" was interpreted to exclude "
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The document discusses the General Clauses Act of 1897. It provides definitions and rules of interpretation for central acts. The act aims to standardize language, provide uniform expression, and make provisions for interpretation. It covers topics like commencement and repeal of enactments, powers and functions, and interpretation of notifications, rules, and bye-laws issued under acts. The act also serves as a model for state general clauses acts and has been applied to interpreting the Indian constitution.
The document discusses delegated legislation in India. It defines delegated legislation as the exercise of legislative power by a subordinate agency. It is used to relieve pressure on the legislature's time so it can focus on policy formulation. In India, rules, regulations, orders, notifications and bye-laws are examples of delegated legislation. The growth of delegated legislation can be attributed to factors like the pressure on parliamentary time due to expanding state activities, technical nature of subjects requiring expert assistance, need for flexibility to address unforeseen situations, enabling experimentation, and need for quick action in emergencies.
The document discusses the legal maxim of noscitur a sociis, which means "a word is known by the company it keeps." It provides examples from case law where courts have used this maxim to interpret terms in context. Specifically, it discusses cases where:
1) The term "entertainment" was interpreted in context of surrounding words like "refreshment" and "resort."
2) The term "interest" was understood to mean "annual interest" based on accompanying words.
3) The term "case or canister" was held to exclude a cloth bag based on the intended strength of the described container.
4) The term "perfume" was interpreted to exclude "
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
Know about anticipatory bail and condition to grant the bail.
#anticipatorybail #CrPC #bail #court #sectio438 and know why the anticipatory bail is filed?
Watch the YT video for a better understanding of Anticipatory bail: https://youtu.be/zG56kfug_ww
The document discusses the General Clauses Act of 1897. It provides definitions and rules of interpretation for central acts. The act aims to standardize language, provide uniform expression, and make provisions for interpretation. It covers topics like commencement and repeal of enactments, powers and functions, and interpretation of notifications, rules, and bye-laws issued under acts. The act also serves as a model for state general clauses acts and has been applied to interpreting the Indian constitution.
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.
The document discusses the legal doctrine of ejusdem generis, which means "of the same kind." It provides that when general words follow specific words in a list, the general words should be interpreted as applying to items of the same category or class as the specific words. The document provides examples of how courts have applied this doctrine to interpret the scope of terms in statutes and determine whether items are included or excluded. It examines cases where the doctrine was used to determine whether certain vehicles, animals, and places were covered by different laws based on the specific words used.
This document summarizes provisions for the transfer of cases under the Code of Civil Procedure, 1908 in India. It defines the transfer of suits as allowing plaintiffs or defendants to apply to move an ongoing suit or appeal from one court of similar rank to another. The key sections that allow for transfer are Sections 22 and 23, which give civil courts the power to transfer suits from one court to another on a defendant's application. Conditions for transfer include the original suit being in a competent court, the transferee court being subordinate to the original court and competent in jurisdiction. The process involves a defendant applying for transfer, notice to other parties, a hearing of objections, and the original court determining the appropriate transferee court by order. Land
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
This landmark judgment involved a challenge to the nationalization of 14 private banks by the Indira Gandhi government in 1969. While the majority of 10 judges found the nationalization violated the right to compensation under Article 31(2) of the Constitution, it was upheld under Article 19(1)(f). The court struck down the nationalization primarily due to the violation of Article 31(2) but provided different reasoning on various issues. One judge dissented, finding the nationalization was a valid exercise of parliamentary powers and did not violate any constitutional rights.
The petitioner, a member of the Indian Administrative Service in Tamil Nadu, was passed over for the position of Chief Secretary in favor of a junior officer. He challenged this as a violation of Articles 14 and 16 of the Constitution, arguing it was arbitrary and affected his career prospects. While the court unanimously rejected the petition, one judge used this opportunity to interpret equality more broadly as prohibiting arbitrary state action, establishing it as a check against unreasonableness. This new interpretation laid the foundation for a more dynamic concept of equal protection in India.
UNIT 3 - External Aids to the Construction.pptxketan349068
The document discusses various external aids that courts can use to interpret statutes when the meaning is unclear from the text alone. It explains parliamentary history such as reports of committees and statements of objects and reasons can provide context about the background and purpose of legislation. Dictionaries can help define words, and other statutes, case law, and foreign decisions can provide guidance through comparative analysis when interpreting domestic laws. The document provides examples of Indian court cases that have utilized these external aids in their legal reasoning and interpretation of statutes.
This document discusses Article 20 of the Indian Constitution which provides certain protections to persons accused of a crime. It summarizes the key points of each clause:
1) Clause 1 prohibits ex post facto laws by ensuring a person can only be convicted of acts that were illegal at the time they were committed and cannot face greater punishment than what was prescribed by law at that time.
2) Clause 2 protects against double jeopardy by prohibiting a person from being prosecuted and punished twice for the same offense.
3) Clause 3 protects against self-incrimination by ensuring a person accused of an offense cannot be compelled to be a witness against themselves.
The document analyzes Supreme Court cases related to each
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
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.
charge under Criminal procedure code, 1908Amudha Mony
The document discusses the contents of a charge and the alteration of a charge in a criminal case. It defines a charge as a formal accusation by a court based on evidence against the accused. A charge informs the accused of what they are accused of to allow them to defend themselves. The document notes that a charge can contain multiple heads or accusations. It also states that the purpose of framing a charge is to give the accused clear and unambiguous notice of the accusations they must address at trial. The document outlines when charges are framed in sessions cases and warrant cases. It also discusses that a court can alter or add to a charge before judgment, and must explain any changes to the accused. The court may continue the trial or order a new
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.
This extemporaneous slide show presentation features a compelling, comprehensive overview of injunctions as applied to common real property litigation disputes where monetary remedies presumably provide insufficient compensation; i.e. trespass violations.
This document discusses several cases related to the strict construction of penal statutes and criminal law. It provides guidelines for determining whether an offense requires mens rea or creates strict liability. Specifically, it establishes that statutes creating criminal offenses must be interpreted as requiring proof of mens rea or criminal intent unless Parliament clearly intended to create a strict liability offense. The document also summarizes several cases where courts interpreted ambiguous language in penal statutes in favor of defendants.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
Section 11 of the Indian Evidence Act discusses when facts not otherwise relevant can become relevant in legal cases. It provides two conditions: (1) if the facts are inconsistent with facts in issue or other relevant facts, or (2) if the facts alone or in connection with other facts make the existence or non-existence of a fact in issue highly probable or improbable. The document then provides examples of how facts could meet these conditions, such as establishing an alibi to show someone was elsewhere during a crime. It also discusses the burden of proof for establishing an alibi defense and considerations around the credibility of alibis.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
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.
Background, Legislative Intent, Article 253 of Indian Constitution, International Obligations, Scope & Object of the Act, Definitions, Bodies Constituted under the Act for enforcement, Functions & Powers & Duties of Central & State Board, Powers of the State & Central, Responsibility of PERSONS,
Transfer of Property Case (R.Kempraj v. Barton Son & Co.)Mohammed Haroon
1962 (2) Supreme Court Cases 594, Deed of Lease, “with an option to the lessee to renew the same as long as desired as provided”, Whether an option given to a lessee to get the lease, which is initially for a period of ten years, renewed after every ten years is hit by the rule of perpetuity and is void?
, Clause 9 of the lease deed, Clause 10 of the lease deed, Transfer of Property Act Section 14 – Rule Against Perpetuity,
Section 40- Restriction on use of land, The Object of this rule is to ensure free and active circulation of property both for purposes of trade and commerce as well as for the betterment of the property itself. (vested interest), The Rule against perpetuity contained in section 14 of the Transfer Of Property Act 1882 would not be applicable as no interest in property has been created of the nature contemplated by that provision.
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.
The document discusses the legal doctrine of ejusdem generis, which means "of the same kind." It provides that when general words follow specific words in a list, the general words should be interpreted as applying to items of the same category or class as the specific words. The document provides examples of how courts have applied this doctrine to interpret the scope of terms in statutes and determine whether items are included or excluded. It examines cases where the doctrine was used to determine whether certain vehicles, animals, and places were covered by different laws based on the specific words used.
This document summarizes provisions for the transfer of cases under the Code of Civil Procedure, 1908 in India. It defines the transfer of suits as allowing plaintiffs or defendants to apply to move an ongoing suit or appeal from one court of similar rank to another. The key sections that allow for transfer are Sections 22 and 23, which give civil courts the power to transfer suits from one court to another on a defendant's application. Conditions for transfer include the original suit being in a competent court, the transferee court being subordinate to the original court and competent in jurisdiction. The process involves a defendant applying for transfer, notice to other parties, a hearing of objections, and the original court determining the appropriate transferee court by order. Land
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
This landmark judgment involved a challenge to the nationalization of 14 private banks by the Indira Gandhi government in 1969. While the majority of 10 judges found the nationalization violated the right to compensation under Article 31(2) of the Constitution, it was upheld under Article 19(1)(f). The court struck down the nationalization primarily due to the violation of Article 31(2) but provided different reasoning on various issues. One judge dissented, finding the nationalization was a valid exercise of parliamentary powers and did not violate any constitutional rights.
The petitioner, a member of the Indian Administrative Service in Tamil Nadu, was passed over for the position of Chief Secretary in favor of a junior officer. He challenged this as a violation of Articles 14 and 16 of the Constitution, arguing it was arbitrary and affected his career prospects. While the court unanimously rejected the petition, one judge used this opportunity to interpret equality more broadly as prohibiting arbitrary state action, establishing it as a check against unreasonableness. This new interpretation laid the foundation for a more dynamic concept of equal protection in India.
UNIT 3 - External Aids to the Construction.pptxketan349068
The document discusses various external aids that courts can use to interpret statutes when the meaning is unclear from the text alone. It explains parliamentary history such as reports of committees and statements of objects and reasons can provide context about the background and purpose of legislation. Dictionaries can help define words, and other statutes, case law, and foreign decisions can provide guidance through comparative analysis when interpreting domestic laws. The document provides examples of Indian court cases that have utilized these external aids in their legal reasoning and interpretation of statutes.
This document discusses Article 20 of the Indian Constitution which provides certain protections to persons accused of a crime. It summarizes the key points of each clause:
1) Clause 1 prohibits ex post facto laws by ensuring a person can only be convicted of acts that were illegal at the time they were committed and cannot face greater punishment than what was prescribed by law at that time.
2) Clause 2 protects against double jeopardy by prohibiting a person from being prosecuted and punished twice for the same offense.
3) Clause 3 protects against self-incrimination by ensuring a person accused of an offense cannot be compelled to be a witness against themselves.
The document analyzes Supreme Court cases related to each
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
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.
charge under Criminal procedure code, 1908Amudha Mony
The document discusses the contents of a charge and the alteration of a charge in a criminal case. It defines a charge as a formal accusation by a court based on evidence against the accused. A charge informs the accused of what they are accused of to allow them to defend themselves. The document notes that a charge can contain multiple heads or accusations. It also states that the purpose of framing a charge is to give the accused clear and unambiguous notice of the accusations they must address at trial. The document outlines when charges are framed in sessions cases and warrant cases. It also discusses that a court can alter or add to a charge before judgment, and must explain any changes to the accused. The court may continue the trial or order a new
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.
This extemporaneous slide show presentation features a compelling, comprehensive overview of injunctions as applied to common real property litigation disputes where monetary remedies presumably provide insufficient compensation; i.e. trespass violations.
This document discusses several cases related to the strict construction of penal statutes and criminal law. It provides guidelines for determining whether an offense requires mens rea or creates strict liability. Specifically, it establishes that statutes creating criminal offenses must be interpreted as requiring proof of mens rea or criminal intent unless Parliament clearly intended to create a strict liability offense. The document also summarizes several cases where courts interpreted ambiguous language in penal statutes in favor of defendants.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the concept and meaning of State under the constitution. Useful for Law students and Professionals.
Section 11 of the Indian Evidence Act discusses when facts not otherwise relevant can become relevant in legal cases. It provides two conditions: (1) if the facts are inconsistent with facts in issue or other relevant facts, or (2) if the facts alone or in connection with other facts make the existence or non-existence of a fact in issue highly probable or improbable. The document then provides examples of how facts could meet these conditions, such as establishing an alibi to show someone was elsewhere during a crime. It also discusses the burden of proof for establishing an alibi defense and considerations around the credibility of alibis.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
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.
Background, Legislative Intent, Article 253 of Indian Constitution, International Obligations, Scope & Object of the Act, Definitions, Bodies Constituted under the Act for enforcement, Functions & Powers & Duties of Central & State Board, Powers of the State & Central, Responsibility of PERSONS,
Transfer of Property Case (R.Kempraj v. Barton Son & Co.)Mohammed Haroon
1962 (2) Supreme Court Cases 594, Deed of Lease, “with an option to the lessee to renew the same as long as desired as provided”, Whether an option given to a lessee to get the lease, which is initially for a period of ten years, renewed after every ten years is hit by the rule of perpetuity and is void?
, Clause 9 of the lease deed, Clause 10 of the lease deed, Transfer of Property Act Section 14 – Rule Against Perpetuity,
Section 40- Restriction on use of land, The Object of this rule is to ensure free and active circulation of property both for purposes of trade and commerce as well as for the betterment of the property itself. (vested interest), The Rule against perpetuity contained in section 14 of the Transfer Of Property Act 1882 would not be applicable as no interest in property has been created of the nature contemplated by that provision.
AIR 1919 PC 20, Is Sub-agent hired by agent working for agent or comes under purview of principal?, Whether the knowledge of agent alone is enough to impute constructive notice on principal?, Indian contract act, 1872 Section 194, Agent should never fraudulently hide or conceal information with malafide or dishonest intention from the principal or the partner, Sub-Agency Liability
Williams Electronics Inc. v. Arctic International Inc. Mohammed Haroon
66 A.L.R.Fed. 476, 215 U.S.P.Q. 405,1982 Copr.L.Dec. P 25,432, US Court of Appeals, Video Games (DEFENDER), Copyright, Unfair Competition, The Idea/Expression Dichotomy, original work of authorship, Whether the audiovisual aspects of a video game were sufficiently "fixed" to receive copyright protection under the 1976 Copyright Act ?, ROM an is not an fixed medium, Computer Games, Midway Manufacturing Co. v. Arctic International Inc. (547 F.Supp. 999 (1982),
Indian Partnership Act 1932 Provisions, Practical Aspect, Summary for business students, Background & History, Essentials of Partnership, Real Test for Partnership, Types of Partners, Kinds of Partners, Partnership Deed, Contents of Partnership Deed, Advantages of Partnership Firm, Disadvantages of Partnership Firm.
The document summarizes the Supreme Court case Mohini Jain vs State of Karnataka. It discusses the facts of the case where Miss Mohini Jain, an Indian student, was denied admission to a medical college due to her inability to pay the capitation fee of Rs. 450,000. The court found that capitation fees violate the right to education guaranteed by the Constitution and create inequality based on wealth. As such, the court ruled that charging capitation fees by private medical colleges is wholly illegal.
Parmanad Katara v. Union of India, 1989 AIR 2039, 1989 SCR (3) 997, Indian Constitution Article 21, Article 32 and Clause 10 Clause 13 of the code of medical ethics, PIL by Human Right Activist, Every doctor whether at a Government hospital or otherwise has the professional obligation to extend his services with due expertise for protecting life said the Supreme Court
This document summarizes two Supreme Court cases:
1) The first case involved a PIL challenging the telecast of episodes of a TV serial on grounds of public interest. The Supreme Court held that interim injunction violated the producer's freedom of expression and required prima facie evidence of harm.
2) The second case addressed whether commercial advertisements are protected speech. The Supreme Court held that commercial speech is protected under the Constitution but publishing telephone subscriber lists requires permission. The appellant was allowed to publish paid ads but couldn't replicate telephone directory entries.
Definition of Victims, What are Victim Rights, Effect of Crimes on Victims, Different Psychological, Emotional, Financial, Social and Economical Effects on Victim, Survival Strategies, Justice Delivery, The Future of Victim's Rights
Income Tax Act 1961
Capital Gain, Basis of Charge, Capital Asset U/s 2(14) Income Tax Act, Transactions that do not constitute TRANSFER U/s 47, Types of Capital Assets, Computation of STCG, Computation of LTCG, Tax Exemption for Capital Gain.
Law of E-Commerce & Contractual Obligation in India
Definition of E-Commerce
E-Commerce v. E-Business
Definition of Commerce
Contracts & Business done Online
The document summarizes a court case between R.K. Kempraj and Messrs Barton Son & Co. regarding the renewal of a lease. It discusses the following key points:
- Kempraj entered into a 10-year lease in 1951 for a property in Bangalore that included an option to renew the lease indefinitely.
- The issue is whether this option violates the rule against perpetuities by potentially lasting forever.
- The document analyzes the lease terms, the rule against perpetuities, and determines Kempraj's interest is contingent on renewing every 10 years, not a vested permanent interest.
- The court ultimately dismissed the appeal and found the rule against perpetuities did not
The document discusses void marriages under the Hindu Marriage Act of 1955. It defines a void marriage as one that contravenes sections 5(i), 5(iv), or 5(v) of the Act. Section 5(i) prohibits a marriage if either party already has a living spouse. Section 5(iv) prohibits a marriage within a degree of prohibited relationship, unless permitted by custom. Section 5(v) prohibits a marriage between sapindas, or close kin, unless permitted by custom. A marriage that violates any of these conditions can be declared void by court decree under section 11 of the Act.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Matthew Professional CV experienced Government LiaisonMattGardner52
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.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
2. Facts
The defendant firm P.E. Guzdar & Co. mortgaged 42,
Chowringhee Road, Calcutta, to the National Bank of
India by delivery of the title deeds to secure an
overdraft in their current account with the bank.
But later he asked the bank to give him back the title-
deed so that he may show it to intending purchaser.
2(c)2014 MD HAROON RASHEED, ADVOCATE
3. He further said that only after selling the property he
can satisfy the debt of the bank.
Believing on his words bank handed over the title-
deeds to him.
Having regained possession of the title deeds, he
mortgaged the property in like manner to Lloyds Bank
to secure another loan.
3(c)2014 MD HAROON RASHEED, ADVOCATE
4. Issue
The question is, which of the two mortgages in the
circumstances is entitled to priority?
4(c)2014 MD HAROON RASHEED, ADVOCATE
5. Analysis and law
Transfer of Property Act (4 of 1882), Sections 48, 58,
59, 78, 79.
Normally the intending purchaser goes to the creditor
having possession of title deeds , and confirm the title
by inspecting it.
The bank is not supposed to handover the deed to
anyone till the time money is returned to the bank.
5(c)2014 MD HAROON RASHEED, ADVOCATE
6. But the bank has committed gross-negligence by
returning the title-deed to the respondent.
Thereby giving opportunity to induce another person
to advance money
6(c)2014 MD HAROON RASHEED, ADVOCATE
7. Judgment
Therefore, the court held that under section 78 the
subsequent mortgagee i.e. Lloyds bank would get
priority over national bank.
7(c)2014 MD HAROON RASHEED, ADVOCATE