The document discusses Article 299(1) of the Indian Constitution, which requires all contracts made by the executive branch of the Union or state governments to be made in the name of the President or Governor. It summarizes several key court cases that have interpreted this article, establishing that implied contracts are not allowed and any contract not in compliance with Article 299(1) is invalid. It also discusses how provisions of the Contract Act apply to government contracts and circumstances under which such contracts can be challenged.
Question 1:
- Discuss the function and application of such form of punishment (reformatory) in Malaysia.
- Whether such form of punishment may tackle the issue of sentencing disparity.
Question 2:
- Discuss ‘illegal omission’ which may give rise to criminal liability.
Alia paid Sofini RM 100 for a Gucci bag on 2.3.2000 with the agreement that Sofini would deliver it on 2.7.2000. However, Sofini sold the bag to someone else on 3.7.2000. Alia is seeking legal advice about getting the specific performance of the contract, which is a court order directing Sofini to hand over the bag as agreed. Specific performance is an equitable remedy that may be granted at the court's discretion if monetary damages are not adequate relief for breach of contract.
Kelantan Islamic Family Law Enactment 2002Azrin Hafiz
Disclaimer:
For the examination purposes only.
For the syllabus of LAW 605 - Family Law I (Islamic) in Faculty of Law, Universiti Teknologi MARA, Malaysia
The document discusses the legal requirement of the "three certainties" for establishing an express trust. It explains that for a trust to be valid there must be (1) certainty of intention to create a trust, (2) certainty regarding the trust property or subject matter, and (3) certainty of beneficiaries or objects. It provides details on each of the three certainties, including examples from case law that illustrate how courts determine if each certainty is fulfilled. The document concludes by noting exceptions to the certainty requirements, such as charitable trusts.
System & structure of administration in malaysia [autosaved]Nur Arfah Sabian
The document discusses the political system and structure of administration in Malaysia. It explains that Malaysia has a democratic government composed of three ruling bodies: the Legislature, Executive, and Judiciary. The Legislature is made up of the King and two houses of parliament. The Executive consists of the Cabinet. The Judiciary branch includes various courts like the Federal Court. Each branch has separate functions and powers according to the principle of separation of powers.
The document discusses specific performance as a remedy in contract law. It begins by explaining that specific performance is a discretionary remedy granted by courts, taking all circumstances into account. It then discusses the meaning and characteristics of specific performance, including that it is an order compelling performance of contractual obligations. The document outlines when specific performance is available, such as for unique goods or where damages are difficult to calculate. It also discusses defenses to specific performance and grounds for refusing it, such as where compensation is adequate or the contract terms are uncertain.
The document discusses Article 299(1) of the Indian Constitution, which requires all contracts made by the executive branch of the Union or state governments to be made in the name of the President or Governor. It summarizes several key court cases that have interpreted this article, establishing that implied contracts are not allowed and any contract not in compliance with Article 299(1) is invalid. It also discusses how provisions of the Contract Act apply to government contracts and circumstances under which such contracts can be challenged.
Question 1:
- Discuss the function and application of such form of punishment (reformatory) in Malaysia.
- Whether such form of punishment may tackle the issue of sentencing disparity.
Question 2:
- Discuss ‘illegal omission’ which may give rise to criminal liability.
Alia paid Sofini RM 100 for a Gucci bag on 2.3.2000 with the agreement that Sofini would deliver it on 2.7.2000. However, Sofini sold the bag to someone else on 3.7.2000. Alia is seeking legal advice about getting the specific performance of the contract, which is a court order directing Sofini to hand over the bag as agreed. Specific performance is an equitable remedy that may be granted at the court's discretion if monetary damages are not adequate relief for breach of contract.
Kelantan Islamic Family Law Enactment 2002Azrin Hafiz
Disclaimer:
For the examination purposes only.
For the syllabus of LAW 605 - Family Law I (Islamic) in Faculty of Law, Universiti Teknologi MARA, Malaysia
The document discusses the legal requirement of the "three certainties" for establishing an express trust. It explains that for a trust to be valid there must be (1) certainty of intention to create a trust, (2) certainty regarding the trust property or subject matter, and (3) certainty of beneficiaries or objects. It provides details on each of the three certainties, including examples from case law that illustrate how courts determine if each certainty is fulfilled. The document concludes by noting exceptions to the certainty requirements, such as charitable trusts.
System & structure of administration in malaysia [autosaved]Nur Arfah Sabian
The document discusses the political system and structure of administration in Malaysia. It explains that Malaysia has a democratic government composed of three ruling bodies: the Legislature, Executive, and Judiciary. The Legislature is made up of the King and two houses of parliament. The Executive consists of the Cabinet. The Judiciary branch includes various courts like the Federal Court. Each branch has separate functions and powers according to the principle of separation of powers.
The document discusses specific performance as a remedy in contract law. It begins by explaining that specific performance is a discretionary remedy granted by courts, taking all circumstances into account. It then discusses the meaning and characteristics of specific performance, including that it is an order compelling performance of contractual obligations. The document outlines when specific performance is available, such as for unique goods or where damages are difficult to calculate. It also discusses defenses to specific performance and grounds for refusing it, such as where compensation is adequate or the contract terms are uncertain.
The document summarizes several cases related to easements in Malaysian land law. In the first case, Alfred Templeton & Ors v Low Yat Holdings Sdn Bhd & Anor, the court granted equitable relief to the plaintiff and ordered an easement be registered based on promises made by the defendant during a land sale that led the plaintiff to believe they would have right of way access. In Datin Siti Hajar v Murugasu, the court ruled that long use of a road across the plaintiff's land did not constitute an easement since it was not expressly granted. And in EW Talalla v Ng Yee Fong & Anor and Tan Wee Choon v Ong Peck
The document discusses the general principles and types of injunctions in equity law. It begins by defining an injunction as a court order that restrains or requires a person to perform a specified act. There are several types of injunctions discussed, including: [1] perpetual/final injunctions that restrain future actions; [2] mandatory injunctions that direct positive acts; and [3] prohibitory injunctions that prohibit certain acts. The document also examines the tests for granting interim/interlocutory injunctions, such as the American Cyanamid test of balancing convenience and assessing whether a serious issue needs trial. Defences to injunctions like delay, acquiescence, and hardship on the defendant are also summarized.
Criminal force requires the intentional or knowing application of force without consent, with the aim of causing an ulterior object. Case law establishes that threatening to harm someone if they advance constitutes criminal force, as does deliberately reversing a vehicle into another. Merely raising a stick threateningly enough to cause someone to flee also meets the standard. Attempting to undress someone against their will equally qualifies as criminal force used to outrage modesty. Words alone do not necessarily constitute criminal force if their meaning is too vague.
The Federal Court overturned its previous decision in Adorna Properties and held that a party who acquires a registered interest in land via a forged instrument does not obtain immediate indefeasible title. The Court found its previous interpretation of Section 340 of the National Land Code to be erroneous and contrary to the provision's intent. It held that the proviso protecting good faith purchasers for value under Section 340(3) does not apply to Section 340(2), so the defendant bank did not gain immediate indefeasibility when it acquired two charges on the land through a forged power of attorney.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
2. Effects of Registrar's Caveat
3. Who can apply for Registrar's Caveat
4. Remedy of an Aggrieved Party under RC
5. Cases involved
Trust Caveat under Land Law II syllabus. Containing definition, nature and effect of Trust Caveat, Duration under Section 333 of the NLC. Express Trust also is included in this slide. Creation of Trust Caveat under NLC, its' effect & the person eligible in entering into Trust Caveat.
Constructive trusts arise by operation of law rather than by the intention of the parties. They are used in circumstances where it would be unfair for someone to benefit from property that rightfully belongs to another.
The document outlines several traditional and modern circumstances that give rise to constructive trusts, including: when someone obtains unauthorized profits from a trust; uses a statute to commit fraud; enters into a mutual will agreement; or acquires property through unlawful conduct like murder. Constructive trusts can also be imposed on strangers who infringe on or assist with breaching a trust.
Modern categories where constructive trusts are imposed include family arrangements involving common intentions around property, as well as license agreements where someone is occupying land without a proprietary interest.
The document discusses several aggravating factors that prosecutors may argue and courts may consider when determining an appropriate sentence in a criminal case. These include: (1) whether the defendant helped police with their investigation; (2) the prevalence or seriousness of the offense; (3) any prior convictions or criminal record of the defendant; and (4) the position or status of the defendant. The document provides examples of cases where courts imposed heavier sentences due to aggravating factors like the seriousness of the offense, prior convictions, or the defendant holding a high-ranking position.
This document discusses concepts of land ownership under Malaysian law. It defines land and discusses the law of fixtures, distinguishing between fixtures and chattels. The key tests for whether an item is a fixture or chattel are the intention of permanent attachment and purpose of attachment. Exceptions to the general rule that fixtures become part of the land are also outlined. The document also examines the extent of land ownership rights, including rights to the airspace, subsurface areas, foreshore areas, and rights to support from adjoining lands.
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.
The document summarizes several cases related to easements in Malaysian land law. In the first case, Alfred Templeton & Ors v Low Yat Holdings Sdn Bhd & Anor, the court granted equitable relief to the plaintiff and ordered an easement be registered based on promises made by the defendant during a land sale that led the plaintiff to believe they would have right of way access. In Datin Siti Hajar v Murugasu, the court ruled that long use of a road across the plaintiff's land did not constitute an easement since it was not expressly granted. And in EW Talalla v Ng Yee Fong & Anor and Tan Wee Choon v Ong Peck
The document discusses the general principles and types of injunctions in equity law. It begins by defining an injunction as a court order that restrains or requires a person to perform a specified act. There are several types of injunctions discussed, including: [1] perpetual/final injunctions that restrain future actions; [2] mandatory injunctions that direct positive acts; and [3] prohibitory injunctions that prohibit certain acts. The document also examines the tests for granting interim/interlocutory injunctions, such as the American Cyanamid test of balancing convenience and assessing whether a serious issue needs trial. Defences to injunctions like delay, acquiescence, and hardship on the defendant are also summarized.
Criminal force requires the intentional or knowing application of force without consent, with the aim of causing an ulterior object. Case law establishes that threatening to harm someone if they advance constitutes criminal force, as does deliberately reversing a vehicle into another. Merely raising a stick threateningly enough to cause someone to flee also meets the standard. Attempting to undress someone against their will equally qualifies as criminal force used to outrage modesty. Words alone do not necessarily constitute criminal force if their meaning is too vague.
The Federal Court overturned its previous decision in Adorna Properties and held that a party who acquires a registered interest in land via a forged instrument does not obtain immediate indefeasible title. The Court found its previous interpretation of Section 340 of the National Land Code to be erroneous and contrary to the provision's intent. It held that the proviso protecting good faith purchasers for value under Section 340(3) does not apply to Section 340(2), so the defendant bank did not gain immediate indefeasibility when it acquired two charges on the land through a forged power of attorney.
Criminal law 101 provides an overview of key concepts in criminal law. It defines criminal law and discusses characteristics like being generally binding and having prospective effect. It also outlines sources of criminal law like the Revised Penal Code. Crimes are further categorized as being against persons or properties. The basic elements of a crime are also defined, including actus reus, mens rea, concurrence, and causation. Crimes can be classified as felonies, misdemeanors, malum in se, or malum prohibitum. The stages in committing a crime and theories of criminal law like the classical and positivist approaches are also summarized. Penalties and levels of participation like principals, accomplices and accessories
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
2. Effects of Registrar's Caveat
3. Who can apply for Registrar's Caveat
4. Remedy of an Aggrieved Party under RC
5. Cases involved
Trust Caveat under Land Law II syllabus. Containing definition, nature and effect of Trust Caveat, Duration under Section 333 of the NLC. Express Trust also is included in this slide. Creation of Trust Caveat under NLC, its' effect & the person eligible in entering into Trust Caveat.
Constructive trusts arise by operation of law rather than by the intention of the parties. They are used in circumstances where it would be unfair for someone to benefit from property that rightfully belongs to another.
The document outlines several traditional and modern circumstances that give rise to constructive trusts, including: when someone obtains unauthorized profits from a trust; uses a statute to commit fraud; enters into a mutual will agreement; or acquires property through unlawful conduct like murder. Constructive trusts can also be imposed on strangers who infringe on or assist with breaching a trust.
Modern categories where constructive trusts are imposed include family arrangements involving common intentions around property, as well as license agreements where someone is occupying land without a proprietary interest.
The document discusses several aggravating factors that prosecutors may argue and courts may consider when determining an appropriate sentence in a criminal case. These include: (1) whether the defendant helped police with their investigation; (2) the prevalence or seriousness of the offense; (3) any prior convictions or criminal record of the defendant; and (4) the position or status of the defendant. The document provides examples of cases where courts imposed heavier sentences due to aggravating factors like the seriousness of the offense, prior convictions, or the defendant holding a high-ranking position.
This document discusses concepts of land ownership under Malaysian law. It defines land and discusses the law of fixtures, distinguishing between fixtures and chattels. The key tests for whether an item is a fixture or chattel are the intention of permanent attachment and purpose of attachment. Exceptions to the general rule that fixtures become part of the land are also outlined. The document also examines the extent of land ownership rights, including rights to the airspace, subsurface areas, foreshore areas, and rights to support from adjoining lands.
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.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
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>.
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।
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Safeguarding Against Financial Crime: AML Compliance Regulations DemystifiedPROF. PAUL ALLIEU KAMARA
To ensure the integrity of financial systems and combat illicit financial activities, understanding AML (Anti-Money Laundering) compliance regulations is crucial for financial institutions and businesses. AML compliance regulations are designed to prevent money laundering and the financing of terrorist activities by imposing specific requirements on financial institutions, including customer due diligence, monitoring, and reporting of suspicious activities (GitHub Docs).
Pedal to the Court Understanding Your Rights after a Cycling Collision.pdfSunsetWestLegalGroup
The immediate step is an intelligent choice; don’t procrastinate. In the aftermath of the crash, taking care of yourself and taking quick steps can help you protect yourself from significant injuries. Make sure that you have collected the essential data and information.