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.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
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
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
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.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
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
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
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 presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
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.
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
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.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
Maxims of Equity and Their Applications in BangladeshPreeti Sikder
Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
Learning Outcome:
Students will be :
- able to identify the areas of application for major equitable maxims,
- aware about the application opportunities of equitable maxims in Bangladeshi Laws
This presentation is an attempt to explain the colourable legislation in a simple language with the limitations on it and supported by the landmark cases delivered by the apex court.
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.
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
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.
This file deals with the Section 60-64 of CPC,1908, which talks about the Attachment of property in execution proceedings.
I have tried to make it easier for the students to understand the concept.
In case of any query the undersigned can be reached by email, the address of which has been given in the third last slide.
Maxims of Equity and Their Applications in BangladeshPreeti Sikder
Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
Learning Outcome:
Students will be :
- able to identify the areas of application for major equitable maxims,
- aware about the application opportunities of equitable maxims in Bangladeshi Laws
Sale of immovable property vaibhav goyalVaibhav Goyal
Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid and partly promised by the Transfer of Property Act.
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Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ADR in criminal proceeding in Bangladesh with global perspective.
Meaning and Essentials of Doctrine of Election
1. Property Law
Topic : Essential
Conditions of
Doctrine of Election
Submitted By:
Pratishtha Majumdar
BA.LLB
2. ‘A man cannot blow hot and cold at the same moment of time.’
This principle is underlying the doctrine of election is that a man is not to be heard who
says two things contradictory to each other. In other words, a man cannot approbate and
reprobate or blow hot and cold. In simple words, it means that a man taking a benefit
under an instrument must also bear the burden.
The doctrine of election is stated in Section 35 of the Transfer of Property Act,1882
alongside Section 180 to 190 of the Indian Succession Act.
‘Election’ means choosing between two inconsistent or alternative rights. Under any
instrument if two rights are conferred on a person in a manner one right is in lieu of the
other, he is bound to elect the proposal on whole or reject on whole. In other words, he
can elect only one of them. A person cannot take under and against the same instrument.
Election is an obligation to choose in a case where there is a clear intention of the
grantor that the grantee should not enjoy both. The foundation of the doctrine is that
the person taking a benefit under an instrument must also bear the burden.
This presentation is going to deal with the concept and understanding of the principle and
then explain the essential conditions of the doctrine, without which the doctrine of
election won’t be considered as a valid election.
3. “Election” means choosing of one right between two rights, where there is clear intention that
both the rights cannot be enjoyed but only one. This doctrine is based on the rule in Cooper v.
Cooper. The doctrine of election is explained in Section 35 of the Transfer of Property Act.
In simple words, a person utilizing the benefits of an instrument also has to carry the burden
attached. This doctrine is universal and is applicable to Hindus, Muslims as well as Christians.
So, this doctrine contains the principle that the exercise of a choice by a person left to himself
of his own free will to do one thing or another binds him to the choice which he has voluntarily
made, and is founded on the equitable doctrine that he who accepts benefit under an instrument
or transaction of his choice must adopt the whole of it or renounce everything inconsistent with
it. Thus, it is a general rule that a person cannot approbate and reprobate – held in Codrington v.
Codrington (1857) 7 HL 854, 861.
Conditions precedent for equity of election as held in the case Dhanpatti v. Devi Prasad (1970)
(3) SCC 776 (778)
•A transfer of property by a person who has no right to transfer;
•As a part of the same transaction, he must confer some benefit on the owner of the property
•Such owner must elect either to confirm such transfer or to dissent from it.
4. It was held in Codrington v. Lindsay (1873) 8 Ch 578 that the doctrine of election is based
on the principle of equity that one cannot take what is beneficial to him and disapprove
that which is against him under the same instrument. One cannot approbate and reprobate
at the same time. In simple words, where a person takes some benefit under a deed or
instrument, he must also bear its burden .
For example, by a deed A gives to B a house belonging to C, and by the same instrument
gives other property belonging himself to C. C is entitled to A’s property only upon the
connection of C’s conforming to all the provisions of the instrument by renouncing the right
to his own property given in favor of B; he must consequently make his choice, or as it is
technically termed “he is put to his election”, to take either under or against the
instrument. If C elects to take under the instrument, he must relinquish in favor of B his
property given to B by A; and takes the property which is given to him by A.
In Cooper v. Cooper (1874) LR 7 HL 53, Lord Hather explained the principle in the following
words :
“…there is an obligation on him who takes a benefit under a will or other
instrument to give full effect to that instrument under which he takes a benefit; and if it
be found that instrument purports to deal with something which it was beyond the power
of the donor or settler to dispose of, but to which effect can be given by the concurrence
of him who receives a benefit under the same instrument, the law will impose on him who
takes the benefit the obligation of carrying the instrument into full and complete force
and effect.”
6. There is a property worth Rs. 20,000
B is the real owner of the Property
A is a transferor who has got no rights over the property
C is the transferee who wants the property
A says to B, if you agree to sell your property to C, I will give you Rs. 30,000.
Doctrine of Election starts here, when the real owner, i.e., B now has to give
effect to this transaction. He has to elect :
To either accept the offer i.e. to agree to sell his property to C and receive
the benefit given by A of Rs. 30,000
Or
Reject the whole of it, i.e., Reject to transfer the property to C and refuse to
accept the benefit.
This is Doctrine of Election i.e. B has to choose from the two alternative
(accept / refuse) rights.
7.
8. 1.The transferor should dispose of the property in which he has no right to transfer.
In the example : B the real owner, but A is the one (the transferor) who has got no right to
transfer but is willing to sell B’s property to C. B is not the one who wanted to transfer the
property to C but it is A, the transferor who is neither the real owner nor he has got any such
rights of transfer, but will transfer the property to C.
2. The transferor must confer a benefit to the real owner of the property.
A (the transferor), when he is willing to transfer the property to C, tells B that your property is
of Rs. 20,000 but I will give you a gift of Rs 30,000 if you give your property (and A will transfer
it to C. )
•Both the benefits conferred and the transfer made must be part of the same transaction
or document.
This doctrine only applicable when transfer and benefit a part form the same transaction which
means the benefit and transaction are interdependent and inseparable. In the example
everything (transfer of property + benefit) was covered under the same transaction between A,
B and C.
•The owner is now given a choice of election either to accept the benefit and allow the
transfer or to reject both.
If B allows A to transfer the property to C, then B gets the benefit of Rs 30,000, C gets the
property of B and A gets whatever he had demanded of C or else B gets nothing.
9. Section 35 of the Transfer of Property Ac, 1882 explains the concept of the
Doctrine of Election. Doctrine of Election states that when a party transfers
a property over which he does not hold any right of transfer and entailed in
that transaction is the benefit conferred upon the original owner of the
property, such title holder must elect his opinion to either validate such
transfer of property or reject it; upon rejection, the benefit shall be
relinquished back to the transferor. If it is gratuitous like gift, pay the
property value and even the election before the transferor died, his
representative pay whole or exact value. In case transferor or his
representative fails to pay or give the property, he claimed against
transferor party, not against the real owner.
There are certain rules for making the election. However, there are certain
exceptions to the rule. The project has dealt with providing of a clear
understanding of the conditions necessary for the election by the original
owner to take place.