This document outlines the Punjab Pre-Emption Act of 1991 in Pakistan. Some key points:
- It establishes the right of pre-emption (priority to purchase property) for certain individuals under Islamic law principles.
- The right of pre-emption vests first in co-owners of the property, then those with special use rights to the property, then adjacent property owners.
- It lays out the process a potential pre-emptor must follow to exercise their right, including making an immediate verbal demand, following up in writing within two weeks, and then filing a lawsuit.
- Exceptions to the right of pre-emption include transfers by inheritance, court orders, or non-
The slides relate to ISLAMIC CONCEPT OF ACKNOWLEDGMENT. It elaborates on ACKNOWLEDGMENT BY A MUSLIM FATHER OF HIS LEGITIMATE CHILD. Useful for Law students and Professionals.
This document discusses the concept of waqf (Islamic endowment) under Muslim law. It defines waqf as the dedication of property in perpetuity for charitable or religious purposes in accordance with Islamic principles. The document outlines the history and origins of waqf, how it is created, types of waqf, and key court rulings regarding waqf. It also summarizes some of the important provisions of the Waqf Act of 2013 in India relating to the definition, management, and oversight of waqf properties.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
This document discusses various theories of corporate personality:
- Fiction theory views the corporation as a legal fiction created by law. Realistic theory sees it as a real psychic entity recognized by law.
- Kelson's theory says legal personality is a fiction used to assign legal rights and duties. Purpose theory says personality depends on the corporation's purpose.
- Bracket theory restricts rights/duties to the corporation rather than individual members. Organism theory sees the corporation as a living organism.
- Ownership theory argues rights belong to humans, not corporations, which are property. Concession theory says personality comes from the sovereign's concession in a charter.
The General Clauses Act, 1897 consolidates and extends the General Clauses Acts of 1868 and 1887. It provides definitions for terms used in central acts and regulations. Some key definitions include: "Act" includes a series of acts, "British India" refers to territories governed by the British pre-independence, "Central Government" refers to the government of India, "India" refers to territories that are part of India, "Regulation" refers to regulations made by the president or central government, and "State Government" refers to provincial or state governments. The act aims to provide consistent interpretation of terms across legislation.
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.
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
The document provides an introduction to the Transfer of Property Act of 1882 in India. It defines key terms related to the act, outlines the objectives and scope of the act, and provides examples to illustrate concepts like what constitutes a "living person" and "transfer of property" according to the act. The summary also notes some transactions that are not considered part of the act, such as family settlements, compromises, partitions, relinquishments, and charges.
The slides relate to ISLAMIC CONCEPT OF ACKNOWLEDGMENT. It elaborates on ACKNOWLEDGMENT BY A MUSLIM FATHER OF HIS LEGITIMATE CHILD. Useful for Law students and Professionals.
This document discusses the concept of waqf (Islamic endowment) under Muslim law. It defines waqf as the dedication of property in perpetuity for charitable or religious purposes in accordance with Islamic principles. The document outlines the history and origins of waqf, how it is created, types of waqf, and key court rulings regarding waqf. It also summarizes some of the important provisions of the Waqf Act of 2013 in India relating to the definition, management, and oversight of waqf properties.
The document discusses key provisions around the transfer of property as per the Transfer of Property Act 1882 in India. It defines transfer of property and outlines some key principles:
1) A transfer of property is an act by a living person to convey property, present or future, to one or more living persons.
2) Certain types of future or uncertain interests cannot be transferred, such as the chance of inheritance or a legacy.
3) Some interests are not transferable if separated from the dominant property, such as easements.
4) The Act aims to enable free transfer of property, with some exceptions for interests opposed to public policy.
This document discusses various theories of corporate personality:
- Fiction theory views the corporation as a legal fiction created by law. Realistic theory sees it as a real psychic entity recognized by law.
- Kelson's theory says legal personality is a fiction used to assign legal rights and duties. Purpose theory says personality depends on the corporation's purpose.
- Bracket theory restricts rights/duties to the corporation rather than individual members. Organism theory sees the corporation as a living organism.
- Ownership theory argues rights belong to humans, not corporations, which are property. Concession theory says personality comes from the sovereign's concession in a charter.
The General Clauses Act, 1897 consolidates and extends the General Clauses Acts of 1868 and 1887. It provides definitions for terms used in central acts and regulations. Some key definitions include: "Act" includes a series of acts, "British India" refers to territories governed by the British pre-independence, "Central Government" refers to the government of India, "India" refers to territories that are part of India, "Regulation" refers to regulations made by the president or central government, and "State Government" refers to provincial or state governments. The act aims to provide consistent interpretation of terms across legislation.
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.
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
The document provides an introduction to the Transfer of Property Act of 1882 in India. It defines key terms related to the act, outlines the objectives and scope of the act, and provides examples to illustrate concepts like what constitutes a "living person" and "transfer of property" according to the act. The summary also notes some transactions that are not considered part of the act, such as family settlements, compromises, partitions, relinquishments, and charges.
This document discusses the various internal aids to interpretation that can be used when interpreting statutes. It outlines 14 main internal aids: the preamble, title, headings, marginal notes, context, punctuation and brackets, illustrations, definition and interpretation clauses, provisos, exceptions and saving clauses, rules, fictions, explanations, and schedules. For each aid, it provides examples from acts like the IPC and constitutional cases where courts have referred to these aids to resolve ambiguities in statutes.
The document discusses the doctrine of waiver of fundamental rights in India. It summarizes several Supreme Court cases on this issue. The majority judgments have found that while some fundamental rights benefit individuals, they are primarily meant for public policy, and therefore cannot be waived by individuals. Later judgments have asserted that fundamental rights under the Constitution cannot be negotiated or compromised.
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.
Jurisprudence its meaning, nature and scopeanjalidixit21
This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
This document provides an overview of Muslim marriage law. It defines an Islamic marriage as a civil contract between a Muslim male and female witnessed by at least two males or a male and two females. The formalities of a valid marriage include uttering offer and acceptance words in the presence of witnesses and identifying the bride by name if not present. For a marriage to be valid it must be witnessed by at least two males or one male and two females. The document also discusses the pre-Islamic context of Arabian society and women's varied status between tribes.
This document discusses bail under Pakistani law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court. Bail aims to secure the accused's presence at trial while allowing them liberty before being proven guilty. Offences are divided into bailable and non-bailable categories. For bailable offences, bail is granted as a matter of right. For non-bailable offences, various factors are considered in granting bail, including the nature of the accusation and severity of punishment. Certain classes of serious offences have prohibitions on granting bail except in special circumstances like for juveniles or the sick. Pre-arrest bail is rarely granted in exceptional circumstances to prevent unnecessary harassment
This document discusses principles of statutory interpretation used by judges to interpret legislation. It explains that statutory interpretation is necessary when a statute contains ambiguous or vague aspects. It outlines several primary and secondary rules of interpretation used by judges, including the literal rule, mischief rule, golden rule, rule of harmonious construction, noscitur a sociis, and ejusdem generis. The literal rule involves interpreting statutes based on the ordinary meaning of the words, while the mischief rule and golden rule allow judges to consider legislative intent to prevent absurd or irrational outcomes.
The document discusses several schools of jurisprudence including analytical, historical, and natural law schools. It provides an overview of prominent legal philosophers within each school. For the analytical school, it outlines Jeremy Bentham's utilitarian philosophy and John Austin's theory that law is the command of the sovereign. It also discusses H.L.A. Hart's contribution of distinguishing between primary and secondary rules. For the historical school, it summarizes Henry Maine's theory of the progression from status to contract. It then provides brief descriptions of other schools and thinkers such as legal positivism, natural law, and sociological jurisprudence.
The document discusses the Rule Against Perpetuity, which establishes that an interest in property must vest within a certain period of time, specifically the life of a living person plus the minority of the ultimate beneficiary. This ensures that all interests in the property vest within a reasonable period rather than being postponed indefinitely. The maximum period of vesting is the life of the preceding interest holder plus the period of gestation and minority of the ultimate beneficiary. Exceptions to the rule include transfers for the benefit of the public and personal agreements.
Criminal Law - Difference between criminal misappropriation and theftsurrenderyourthrone
Theft involves taking movable property without consent and moving it to take possession. Criminal misappropriation involves converting or misusing movable property dishonestly for one's own use. Theft violates the right of possession, while criminal misappropriation does not since the offender already possessed the property. The key differences are that theft always involves unlawful taking and violating possession, while criminal misappropriation can involve lawful initial possession where the dishonest intention develops later. Theft is defined and punished under section 378/379 of the Indian Penal Code, while criminal misappropriation is defined and punished under section 403.
The document discusses the process of execution of civil litigation judgments. It defines execution as the process by which a decree holder compels the judgment debtor to comply with the court's decree. There are several methods of execution mentioned, including delivery of property, attachment and sale of property, arrest and detention of the judgment debtor, appointing a receiver, and effecting property partitions. The Code of Civil Procedure lays out the detailed principles and procedures governing execution of decrees and orders in Sections 36-74 and Order 21.
Transferrable and non transferrable propertySunit Kapoor
Certain types of property cannot be legally transferred under Indian law. This includes property whose transfer is restricted by other laws, such as Hindu law, Muslim law, or the Code of Civil Procedure. Specific non-transferable types of property include speculative succession, mere rights of re-entry, easements apart from dominant heritage, restricted interests, rights to future maintenance, mere rights to sue, public offices and salaries, pensions and stipends, transfers opposed to the nature of the interest, and untransferable rights of occupancy such as those belonging to tenants.
This document provides summaries of important legal maxims in the law of torts:
1) Injuria Sine Damno refers to an injury caused without actual loss or damage, where the plaintiff only needs to prove legal damage rather than financial damages.
2) Damnum Sine Injuria refers to damages without a legal injury, where no cause of action exists if no legal right was infringed upon, even if intentional harm was caused.
3) Volenti Non Fit Injuria provides a defense if the plaintiff consented to or agreed to suffer the harm caused.
4) Actio Personalis Moritur Cum Persona means a cause of action dies with the person, so
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
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.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
This document outlines the contents of the Punjab Pre-Emption Act of 1991 in Pakistan. It contains 34 sections that cover topics like short title and commencement, definitions, interpretation, overriding of other laws, right of pre-emption, persons with right of pre-emption, priorities in right of pre-emption, exercise of joint right of pre-emption, withdrawal of claims, demand for pre-emption, death of pre-emptor, limitations, notices, rules, and repeal of previous acts. The overall purpose of the act is to bring the law relating to pre-emption in conformity with the injunctions of Islam as outlined in the Quran and Sunnah.
1. The document discusses the law of pre-emption (shufa'a) in Islamic law and its introduction and application in the Indian subcontinent.
2. Key aspects of pre-emption discussed include the right of certain individuals like neighbors or co-owners to purchase property being sold to an outsider.
3. The origins and justifications of pre-emption are traced back to practices in pre-Islamic Arabia and sayings of the Prophet Muhammad, with differences in the rules according to various Islamic schools of law.
This document discusses the various internal aids to interpretation that can be used when interpreting statutes. It outlines 14 main internal aids: the preamble, title, headings, marginal notes, context, punctuation and brackets, illustrations, definition and interpretation clauses, provisos, exceptions and saving clauses, rules, fictions, explanations, and schedules. For each aid, it provides examples from acts like the IPC and constitutional cases where courts have referred to these aids to resolve ambiguities in statutes.
The document discusses the doctrine of waiver of fundamental rights in India. It summarizes several Supreme Court cases on this issue. The majority judgments have found that while some fundamental rights benefit individuals, they are primarily meant for public policy, and therefore cannot be waived by individuals. Later judgments have asserted that fundamental rights under the Constitution cannot be negotiated or compromised.
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.
Jurisprudence its meaning, nature and scopeanjalidixit21
This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
This document provides an overview of Muslim marriage law. It defines an Islamic marriage as a civil contract between a Muslim male and female witnessed by at least two males or a male and two females. The formalities of a valid marriage include uttering offer and acceptance words in the presence of witnesses and identifying the bride by name if not present. For a marriage to be valid it must be witnessed by at least two males or one male and two females. The document also discusses the pre-Islamic context of Arabian society and women's varied status between tribes.
This document discusses bail under Pakistani law. It defines bail as the release of an accused person from custody, on the condition that they will appear in court. Bail aims to secure the accused's presence at trial while allowing them liberty before being proven guilty. Offences are divided into bailable and non-bailable categories. For bailable offences, bail is granted as a matter of right. For non-bailable offences, various factors are considered in granting bail, including the nature of the accusation and severity of punishment. Certain classes of serious offences have prohibitions on granting bail except in special circumstances like for juveniles or the sick. Pre-arrest bail is rarely granted in exceptional circumstances to prevent unnecessary harassment
This document discusses principles of statutory interpretation used by judges to interpret legislation. It explains that statutory interpretation is necessary when a statute contains ambiguous or vague aspects. It outlines several primary and secondary rules of interpretation used by judges, including the literal rule, mischief rule, golden rule, rule of harmonious construction, noscitur a sociis, and ejusdem generis. The literal rule involves interpreting statutes based on the ordinary meaning of the words, while the mischief rule and golden rule allow judges to consider legislative intent to prevent absurd or irrational outcomes.
The document discusses several schools of jurisprudence including analytical, historical, and natural law schools. It provides an overview of prominent legal philosophers within each school. For the analytical school, it outlines Jeremy Bentham's utilitarian philosophy and John Austin's theory that law is the command of the sovereign. It also discusses H.L.A. Hart's contribution of distinguishing between primary and secondary rules. For the historical school, it summarizes Henry Maine's theory of the progression from status to contract. It then provides brief descriptions of other schools and thinkers such as legal positivism, natural law, and sociological jurisprudence.
The document discusses the Rule Against Perpetuity, which establishes that an interest in property must vest within a certain period of time, specifically the life of a living person plus the minority of the ultimate beneficiary. This ensures that all interests in the property vest within a reasonable period rather than being postponed indefinitely. The maximum period of vesting is the life of the preceding interest holder plus the period of gestation and minority of the ultimate beneficiary. Exceptions to the rule include transfers for the benefit of the public and personal agreements.
Criminal Law - Difference between criminal misappropriation and theftsurrenderyourthrone
Theft involves taking movable property without consent and moving it to take possession. Criminal misappropriation involves converting or misusing movable property dishonestly for one's own use. Theft violates the right of possession, while criminal misappropriation does not since the offender already possessed the property. The key differences are that theft always involves unlawful taking and violating possession, while criminal misappropriation can involve lawful initial possession where the dishonest intention develops later. Theft is defined and punished under section 378/379 of the Indian Penal Code, while criminal misappropriation is defined and punished under section 403.
The document discusses the process of execution of civil litigation judgments. It defines execution as the process by which a decree holder compels the judgment debtor to comply with the court's decree. There are several methods of execution mentioned, including delivery of property, attachment and sale of property, arrest and detention of the judgment debtor, appointing a receiver, and effecting property partitions. The Code of Civil Procedure lays out the detailed principles and procedures governing execution of decrees and orders in Sections 36-74 and Order 21.
Transferrable and non transferrable propertySunit Kapoor
Certain types of property cannot be legally transferred under Indian law. This includes property whose transfer is restricted by other laws, such as Hindu law, Muslim law, or the Code of Civil Procedure. Specific non-transferable types of property include speculative succession, mere rights of re-entry, easements apart from dominant heritage, restricted interests, rights to future maintenance, mere rights to sue, public offices and salaries, pensions and stipends, transfers opposed to the nature of the interest, and untransferable rights of occupancy such as those belonging to tenants.
This document provides summaries of important legal maxims in the law of torts:
1) Injuria Sine Damno refers to an injury caused without actual loss or damage, where the plaintiff only needs to prove legal damage rather than financial damages.
2) Damnum Sine Injuria refers to damages without a legal injury, where no cause of action exists if no legal right was infringed upon, even if intentional harm was caused.
3) Volenti Non Fit Injuria provides a defense if the plaintiff consented to or agreed to suffer the harm caused.
4) Actio Personalis Moritur Cum Persona means a cause of action dies with the person, so
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
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.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
This document outlines the contents of the Punjab Pre-Emption Act of 1991 in Pakistan. It contains 34 sections that cover topics like short title and commencement, definitions, interpretation, overriding of other laws, right of pre-emption, persons with right of pre-emption, priorities in right of pre-emption, exercise of joint right of pre-emption, withdrawal of claims, demand for pre-emption, death of pre-emptor, limitations, notices, rules, and repeal of previous acts. The overall purpose of the act is to bring the law relating to pre-emption in conformity with the injunctions of Islam as outlined in the Quran and Sunnah.
1. The document discusses the law of pre-emption (shufa'a) in Islamic law and its introduction and application in the Indian subcontinent.
2. Key aspects of pre-emption discussed include the right of certain individuals like neighbors or co-owners to purchase property being sold to an outsider.
3. The origins and justifications of pre-emption are traced back to practices in pre-Islamic Arabia and sayings of the Prophet Muhammad, with differences in the rules according to various Islamic schools of law.
This document provides the arrangement of sections for The Limitation Act, 1963 in India. It includes 5 parts with sections on:
1) Preliminary matters like the short title and definitions.
2) Limitation of suits, appeals and applications including provisions around legal disability, continuous running of time, and suits against trustees.
3) Computation of the period of limitation and exclusions of time for legal proceedings, when leave to appeal as pauper is sought, and when proceeding in a court without jurisdiction.
4) Acquisition of ownership by possession including prescription and extinguishment of rights.
5) Miscellaneous provisions including savings, provisions for suits with shorter periods, and provisions for barred or
1) In India, forcible possession of property is illegal and the owner must recover possession through legal means.
2) Under Section 6 of the Specific Relief Act, a person dispossessed of immovable property without consent and not through due process of law can file a suit to recover possession within 6 months of dispossession.
3) For a suit under Section 6, the plaintiff must prove settled possession and unlawful dispossession. Settled possession requires intention to use the property and intention to exclude others from it.
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.
The document provides an overview of the Illegal Dispossession Act, 2005 in Pakistan. It discusses:
1. The purpose of the act is to protect lawful owners and occupiers of property from illegal dispossession by property grabbers.
2. The key provision is Section 3 which defines the offense of illegal possession of property and prescribes penalties of up to 10 years imprisonment and fines.
3. The act gives courts powers to attach property, evict respondents, and order restoration of possession to the complainant during legal proceedings.
This document discusses the Roman-Dutch law of partition and the statutory provisions that have replaced it in Sri Lanka over time. It covers topics such as the nature and goals of partition actions, the need to expedite partition cases, legal representation requirements, and various procedural aspects of partition suits under the current Partition Law No. 21 of 1977. The document provides historical context on the evolution of partition laws in Sri Lanka from English ordinances introduced in the 19th century to the present statutory framework, which is ultimately derived from Roman law principles of dividing commonly held property.
This document provides an overview of the Roman-Dutch law of partition and the statutory provisions that have replaced it in Sri Lanka over time. It discusses key aspects of partition actions such as the nature and goals, requirements to institute an action, need for expedited disposal of cases, and possession requirements. It also touches on important topics like legal representation, investigation of title, prescription among co-owners, and divided versus common possession of property in the context of partition suits.
The sale to Antonio Cui is invalid based on Article 1491 of the Civil Code.
Article 1491 prohibits administrators from acquiring, either directly or indirectly, the properties under their administration. At the time of the sale, Antonio Cui was acting as the administrator and attorney-in-fact of Don Mariano Cui over the properties by virtue of the power of attorney executed on March 2, 1946.
As the administrator, Antonio Cui occupied a position of trust over the properties. Allowing him to purchase the properties would create a conflict of interest and opportunity for abuse of his position. Based on the facts presented, the sale to Antonio Cui should be invalidated to comply with the prohibition under Article 1491.
The document summarizes key concepts in Philippine real estate law, including:
- Ownership rights include the right to possess, use, enjoy fruits, dispose of, and recover property. Limitations include those imposed by law, contract, taxation, and eminent domain.
- Land ownership extends to the subsurface and airspace. Hidden treasures found on one's land belong to the land owner, with exceptions if found on another's land.
- Ownership rights include rights of accession to property's produce and improvements. Generally, only Filipino citizens and corporations may acquire land, with some exceptions.
This document summarizes Section 43 of the Transfer of Property Act, known as the doctrine of feeding the grant. It establishes that if a person fraudulently or erroneously represents that they are authorized to transfer a property and professes to transfer it for consideration, then any interest they acquire in the property during the contract will pass to the transferee at their option. There are a few exceptions: the right of transferees in good faith for consideration without notice is not impaired, and the benefit only applies to transfers for value, not gifts. The section is based on principles of estoppel from common law and equity to fulfill promises when ability arises.
The defenses to the tort of trespass include title and possession of the property, easements, statutes of limitations, and estoppel. Trespass to land involves unlawful intrusion onto another's land. A person in actual possession can sue trespassers. Trespass can involve wrongful entry onto land, placing things on land, intrusion into airspace above land, or remaining on land after permission has been revoked. Continuing trespass occurs when the effects of the original trespass remain ongoing. Mistake is not a defense to trespass.
This document outlines the Benami Transactions (Prohibition) Act 2017 in Pakistan.
The key aspects covered include:
- Establishing authorities like the Adjudicating Authority, Federal Appellate Tribunal and their roles.
- Defining important terms like benami property, benami transactions, beneficial owner etc.
- Prohibiting benami transactions and making benami property liable for confiscation by the government.
- Restricting retransfer of benami property to the beneficial owner.
- Setting up a hierarchy of authorities with Special Courts, then the Federal Appellate Tribunal above the Adjudicating Authorities for hearing matters related to the Act.
An easement is a right over another's land, such as a right of way. It must be created by express grant between proprietors and registered. An unregistered easement gives no rights. Alternatively, if the neighbor refuses a registered easement, one can apply to the Land Administrator for a right of way (LAROW), though the Administrator is reluctant if other access exists. The document discusses these concepts and differences between an easement and LAROW under the National Land Code.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The document discusses remedies available under the law against illegal acts of statutory functionaries, including constitutional petitions under Article 199 of the Pakistan Constitution. It provides details on when a constitutional petition is a competent remedy, even if alternate remedies exist. Specifically, it states that a constitutional petition is competent if the alternate remedy is not prompt, efficacious, or equally capable of preventing injustice, rights violations, or detrimental treatment that lacks legal authority. The document lists multiple scenarios when a constitutional petition remains appropriate, such as if the statutory action was made in mala fide manners, without jurisdiction, or involved an abuse of power or misapplication of law.
The document defines a legal representative under Section 2(11) of the Code of Civil Procedure (CPC) 1908 as a person who represents the estate of a deceased person. This includes administrators, executors, heirs, and anyone who interferes with the estate. There are three classes of legal representatives: 1) a person who represents the estate, 2) anyone who interferes with the estate, and 3) a party who sues or is sued on behalf of the estate. Legal representatives can be heirs, administrators or executors. Decrees can be executed against the legal representative to the extent of the property received from the deceased. The estate does not need to be fully determined and those impleaded can sufficiently represent
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
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Pre emption act 1991
1. THE PUNJAB PRE-EMPTION ACT, 1991 Page 1 of 9
THE PUNJAB PRE-EMPTION ACT, 1991
(Pb. Act IX of 1991)
C O N T E N T S
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Interpretation.
4. Act to override other laws.
5. Right of pre-emption.
6. Persons in whom the right of pre-emption vests.
7. Priorities in the right of pre-emption.
8. Joint right of pre-emption how exercised.
9. Method of distribution of the property where more than one persons are equally
entitled.
10. Withdrawal of claim.
11. Sale of appurtenances of land.
12. Right to revoke sale.
13. Demand of pre-emption.
14. Demand by guardian or agent.
15. Waiver of the right of pre-emption.
16. Death of pre-emptor.
17. Abatement of right of pre-emption.
18. Exercise of right of pre-emption by a Muslim and a non-Muslim against each
other.
19. Right of pre-emption non-transferable and indivisible.
20. Where the pre-emptor and vendee equally entitled.
21. Improvements made by the vendee.
22. Improvement made in the status of the vendee-defendant after institution of the
suit.
23. No right of pre-emption in respect of certain properties.
24. Plaintiff to deposit sale price of the property.
2. THE PUNJAB PRE-EMPTION ACT, 1991 Page 2 of 9
25. Deposit or refund of excess price.
26. Sum deposited by pre-emptor not to be attached.
27. Determination of price.
28. Market value how to be determined.
29. Government may exclude areas from pre-emption.
30. Limitation.
31. Notice.
32. Matters ancillary or akin to the provisions of this Act.
33. Application of the Civil Procedure Code and Qanun-e-Shahadat.
34. Repeal of Act I of 1913.
35. Saving.
36. Rules.
37. Repeal of Ordinance IX of 1991.
3. THE PUNJAB PRE-EMPTION ACT, 1991 Page 3 of 9
1
THE PUNJAB PRE-EMPTION ACT, 1991
(Pb. Act IX of 1991)
[6 April 1991]
An Act to bring in conformity with the injunctions of Islam the law relating to pre-emption
Preamble.— Whereas it is expedient to re-enact the existing law relating to pre-emption, so
as to bring it in conformity with the Injunctions of Islam as set out in the Holy Qur’an and
Sunnah;
It is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the
Punjab Pre-emption Act, 1991.
(2) It extends to the whole of the Punjab.
(3) It shall come into force at once.
2. Definitions.— In this Act, unless there is anything repugnant in the subject or
context—
2
[(a) “immovable property” means immovable property situated in any area other
than an urban area or within cantonment limits as declared by any law relating
to Local Bodies or Cantonments, as the case may be, for the time being in
force;]
(b) “pre-emptor” means a person who has the right of pre-emption;
(c) “right of pre-emption” means a right to acquire by purchase an immovable
property in preference to other persons by reason of such right; and
(d) “sale” means permanent transfer of the ownership of an immovable property in
exchange for a valuable consideration and includes transfer of an immovable
property by way of ‘hiba bil-iwaz’ or ‘hiba ba-shart-ul-iwaz’, but does not
include—
(i) transfer of an immovable property through inheritance or will or gift, other
than ‘hiba bil-iwaz’ or ‘hiba ba-shart-ul-iwaz’;
(ii) a sale in execution of a decree for money or of any order of a civil,
criminal, revenue or any other Court or a Revenue Officer or any local
authority;
(iii) exchange of agricultural land; and
(iv) transfer of an immovable property for a consideration other than
valuable consideration, such as the transfer of an immovable property
by way of dower or composition in a murder or hurt case.
3. Interpretation.— In the interpretation and the application of the provisions of
this Act, the Court shall seek guidance from the Holy Qur’an and Sunnah.
4. Act to override other laws.— The provisions of this Act shall have effect
notwithstanding anything in any other law for the time being in force.
4. THE PUNJAB PRE-EMPTION ACT, 1991 Page 4 of 9
5. Right of pre-emption.— The right of pre-emption shall arise in case of sale
of immovable property.
6. Persons in whom the right of pre-emption vests.— (1) The right of pre-
emption shall vest—
(a) firstly, in Shafi Sharik;
(b) secondly, in Shafi Khalit; and
(c) thirdly, in Shafi Jar.
Explanation.— (I) ‘Shafi Sharik’ means a person who is a co-owner in the corpus of the
undivided immovable property sold.
(II) ‘Shafi Khalit’ means a participator in the special rights attached to the immovable
property sold, such as right of passage, right of passage of water or right of irrigation.
(III) ‘Shafi Jar’ means a person who has a right of pre-emption because of owning an
immovable property adjacent to the immovable property sold.
3
[(2) Notwithstanding anything in sub-section (1), the right of pre-emption shall be
exercisable only in case of ‘Zaroorat’ or to avoid ‘Zarar’.]
7. Priorities in the right of pre-emption.— Where there are more than one
participators in the special rights attached to the immovable property sold, the person having
a special right shall have precedence over a person having a general right.
Illustrations.- (I) A garden is irrigated by a water course which opens from a small canal. If
this garden is sold, the person having right of irrigation from the water course shall have
precedence over a person having right of irrigation from the canal. But if such garden is
irrigated from the small canal, the person having right of irrigation from the water course
as well as the person having right of irrigation from the canal shall have the right of pre-
emption.
(II) Where there are more than one pre-emptors and one has right of passage and the
other has right of passage of water attached to the immovable property sold, the
person having right of passage shall have precedence over the person having right of
passage of water.
(III) A participator in the special rights having his property, on the basis of which he
claims to be the pre-emptor nearer to the immovable property sold, shall have
precedence over the pre-emptor having such property not so near to the immovable
property sold.
8. Joint right of pre-emption how exercised.— Where a right of pre-emption
vests in any class or group of persons, the right may be exercised by all the members of such
class or group jointly, and if not exercised by them all jointly, by any two or more of them
jointly, and if not exercised by any two or more of them jointly, by them severally.
9. Method of distribution of the property where more than one persons are
equally entitled.— Where more than one persons are found by the Court to be equally
entitled to the right of pre-emption, the property shall be distributed among them in equal
shares.
Illustration.- A has one-half share in a house, B has one-third and C has one-sixth share
in such house. If A sells his one-half share, the other two co-sharers, namely B and C
shall have equal right of pre-emption in one-half of the house and this one-half shall be
5. THE PUNJAB PRE-EMPTION ACT, 1991 Page 5 of 9
distributed between B and C in equal shares and not according to their respective shares
in the house.
10. Withdrawal of claim.— Where there are more than one pre-emptors having
sued jointly or severally and any of them withdraws his claim before the decision of the
Court, the remaining pre-emptors shall be entitled to the whole property:
Provided that the claim of the remaining pre-emptors was originally made for the
whole property.
11. Sale of appurtenances of land.— Where only trees or a building is sold
without land, no right of pre-emption shall exist in such trees or the structures of a building,
but where land is sold with trees and building on it, the trees and buildings shall be deemed to
be included in the land for purposes of the right of pre-emption.
12. Right to revoke sale.— Where the vendor has stipulated in the contract of
sale that it is subject to revocation by him within a period, not exceeding sixty days, specified
in such contract, the right of pre-emption shall not be exercised until such period has expired:
Provided that option of defect in, or inspection of, the property or the stipulation as to
the vendee’s right to revoke the contract of sale shall not be a bar to the exercise of the right
of pre-emption.
13. Demand of pre-emption.— (1) The right of pre-emption of a person shall be
extinguished unless such person makes demands of pre-emption in the following order,
namely—
(a) ‘Talb-i-Muwathibat’;
(b) ‘Talb-i-Ishhad’; and
(c) ‘Talb-i-Khusumat’.
Explanation.— (I) ‘Talb-i-Muwathibat’ means immediate demand by a pre-emptor, in the
sitting or meeting (Majlis) in which he has come to know of the sale, declaring his
intention to exercise the right of pre-emption.
Note:- Any words indicative of intention to exercise the right of pre-emption are
sufficient.
(II) ‘Talb-i-Ishhad’ means demand by establishing evidence.
(III) ‘Talb-i-Khusumat’ means demand by filing a suit.
(2) When the fact of sale comes within the knowledge of pre-emptor through any
source, he shall make talb-i-muwathibat.
(3) Where a pre-emptor has made talb-i-muwathibat under sub-section (2), he
shall as soon thereafter as possible but not later than two weeks from the date of knowledge
make talb-i-ishhad by sending a notice in writing attested by two truthful witnesses, under
registered cover acknowledgement due, to the vendee, confirming his intention to exercise
the right of pre-emption:
Provided that in areas where owing to lack of post office facilities it is not possible for
the pre-emptor to give registered notice, he may make talb-i-ishhad in the presence of two
truthful witnesses.
6. THE PUNJAB PRE-EMPTION ACT, 1991 Page 6 of 9
(4) Where a pre-emptor has satisfied the requirements of talb-i-muwathibat under
sub-section (2) and talb-i-ishhad under sub-section (3), he shall make talb-i-khusumat in the
Court of competent jurisdiction to enforce his right of pre-emption.
14. Demand by guardian or agent.— Where a person is unable to make
demands under section 13, his guardian or agent may make the required demands on his
behalf.
15. Waiver of the right of pre-emption.— The right of pre-emption shall be
deemed to have been waived if the pre-emptor has acquiesced in the sale or has done any
other act of omission or commission which amounts to waiver of the right of pre-emption.
16. Death of pre-emptor.— Where a pre-emptor dies after making any of the
demands under section 13, the right of pre-emption shall stand transferred to his legal heirs.
17. Abatement of right of pre-emption.— (1) Where a pre-emptor, before the
decree of a Court, alienates the property on the basis of which he claims the right of pre-
emption, such right shall abate.
(2) An alienee of the property under sub-section (1) shall not be entitled to the
right of pre-emption.
18. Exercise of right of pre-emption by a Muslim and a non-Muslim against
each other.— A Muslim and a non-Muslim may exercise the right of pre-emption against
each other.
19. Right of pre-emption non-transferable and indivisible.— (1) Save as
provided in section 16, the right of pre-emption shall be non-transferable and indivisible.
(2) The claim for pre-emption shall be made on the whole property pre-emptible.
20. Where the pre-emptor and vendee equally entitled.— Where the pre-
emptor and the vendee fall within the same class of pre-emptors and have equal right of pre-
emption, the property shall be shared by them equally.
21. Improvements made by the vendee.— Where a vendee has made any
improvements in the immovable property before Talb-i-Ishhad is made by the pre-emptor
under sub-section (3) of section 13, the vendee shall be entitled to the cost of such
improvements.
22. Improvement made in the status of the vendee-defendant after institution
of the suit.— Any improvement made in the status of a vendee-defendant after the institution
of a suit for pre-emption shall not affect the right of pre-emptor-plaintiff.
23. No right of pre-emption in respect of certain properties.— (1) No right of
pre-emption shall exist in respect of sale of—
(a) waqf property or property used for charitable, religious or public purpose; and
(b) property owned by the Federal or a Provincial Government or a local authority.
7. THE PUNJAB PRE-EMPTION ACT, 1991 Page 7 of 9
(2) The property acquired by a Federal or a Provincial Government or a local
authority in pursuance of any law shall not be pre-emptible.
24. Plaintiff to deposit sale price of the property.— (1) In every suit for pre-
emption, the Court shall require the plaintiff to deposit in such Court one-third of the sale
price of the property in cash within such period as the Court may fix:
Provided that such period shall not extend beyond thirty days of the filing of the suit:
Provided further that if no sale price is mentioned in the sale deed or in the mutation, or the
price so mentioned appears to be inflated, the Court shall require deposit of one-third of the
probable value of the property.
(2) Where the plaintiff fails to make a deposit under sub-section (1) within the
period fixed by the Court, or withdraws the sum so deposited by him, his suit shall be
dismissed.
(3) Every sum deposited under sub-section (1) shall be available for the discharge
of costs.
(4) The probable value fixed under sub-section (1) shall not affect the final
determination of the price payable by the pre-emptor.
25. Deposit or refund of excess price.— (1) Where a Court passes a decree in
favour of pre-emptor on payment of a price which is in excess of the amount already
deposited by the pre-emptor, the Court shall require the pre-emptor to deposit the remaining
amount within thirty days of the passing of the decree.
(2) Where a decree is passed for a lesser amount than the amount already
deposited by the pre-emptor, the Court shall refund the excess amount to such pre-emptor.
26. Sum deposited by pre-emptor not to be attached.— No sum deposited in or
paid into Court by a pre-emptor under the provisions of this Act shall, while it is in custody
of the Court, be liable to attachment by any Civil, Criminal, Revenue or any other Court or a
Revenue Officer or a local authority.
27. Determination of price.— (1) Where the parties do not agree to the price at
which the pre-emptor shall exercise his right of pre-emption, the Court shall determine
whether the price at which the sale purports to have taken place was fixed in good faith or
paid, and if it finds that the price was not so fixed or paid, it shall fix the market value of the
property as the price to be paid by the pre-emptor.
(2) If the Court finds that the price was fixed in good faith or paid, it shall fix such
price to be paid by the pre-emptor.
28. Market value how to be determined.— For the purpose of determining the
market value of a property, the Court may consider the following, among other matters, as
evidence of such value—
(a) the price or value actually received or to be received by the vendor from the vendee;
(b) the estimated amount of the average annual net profits of the property;
(c) the value of similar property in the neighbourhood;
(d) the value of similar property as shown by previous sales made in the near past.
8. THE PUNJAB PRE-EMPTION ACT, 1991 Page 8 of 9
29. Government may exclude areas from pre-emption.— The Government
may, in the public interest, by a notification in the official Gazette, declare that in any local
area or with respect to any sale or class of sale, no right of pre-emption shall exist or only
such limited right, as it may specify, shall exist.
30. Limitation.— The period of limitation for a suit to enforce a right of pre-
emption under this Act shall be four months from the date—
(a) of the registration of the sale deed;
(b) of the attestation of the mutation, if the sale is made otherwise than through a
registered sale deed;
(c) on which the vendee takes physical possession of the property if the sale is made
otherwise than through a registered sale deed or a mutation; or
(d) of knowledge by the pre-emptor, if the sale is not covered under paragraph (a) or
paragraph (b) or paragraph (c).
31. Notice.— (1) The Officer registering the sale deed or attesting the mutation of
a sale shall, within two weeks of the registration or attestation, as the case may be, give
public notice in respect of such registration or attestation.
(2) The notice under sub-section (1) shall be deemed to have been sufficiently
given if it is displayed on the main entrance of a mosque and on any other public place of the
village or place where the property is situated.
(3) The charges for the notice under sub-section (2) shall be recovered from the
vendee by the Officer registering the sale or attesting the mutation, as the case may be, at the
time of such registration or attestation.
32. Matters ancillary or akin to the provisions of this Act.— Matters ancillary
or akin to the provisions of this Act which have not been specifically covered under any
provision thereof shall be decided according to Shari’ah.
33. Application of the Civil Procedure Code and Qanun-e-Shahadat.— The
provisions of the Code of Civil Procedure, 1908 (Act V of 1908) and Qanun-e-Shahadat,
1984 (P.O. X of 1984) or any other law on the subject for the time being in force shall,
mutatis mutandis, apply to the proceedings under this Act.
34. Repeal of Act I of 1913.— (1) The Punjab Pre-emption Act, 1913 (I of 1913)
is hereby repealed.
(2) Notwithstanding anything contained in this Act, in the cases and appeals filed
under the Punjab Pre-emption Act, 1913 (I of 1913) in which judgements and decrees had
been passed before the 1st day of August, 1986, further proceedings if any relating to such
cases and appeals shall notwithstanding the repeal of the said Act be governed and continued
in accordance with the provisions thereof.
35. Saving.— (1) Notwithstanding anything in any other law for the time being in
force, all the decrees, judgements or orders dismissing the suits of pre-emption, instituted or
pending between the 1st day of August 1986 and the 28th March 1990 (both days inclusive), in
which the right of pre-emption was claimed as is available under this Act, shall be of no legal
effect, and such suits, on an application made by the aggrieved person, within sixty days of
9. THE PUNJAB PRE-EMPTION ACT, 1991 Page 9 of 9
coming into force of this Act, shall subject to sub-section (2), be decided afresh according to the
provisions thereof.
4
[(2) Notwithstanding anything in sections 13 and 30, in respect of the suits
mentioned in sub-section (1), the period of limitation shall be one year and it shall be
sufficient if the pre-emptor establishes that he had made ‘Talb-i-Ishhad’ in the presence of
two truthful witnesses.]
36. Rules.— Government may, by notification in the official Gazette, make rules
for carrying out the purposes of this Act.
37. Repeal of Ordinance IX of 1991.— The Punjab Pre-emption Ordinance,
1991 (IX of 1991), is hereby repealed.
________________________
1
This Act was passed by the Punjab Assembly on 21st March, 1991; assented to by the Governor of the Punjab
on 31st March, 1991; and, was published in the Punjab Gazette (Extraordinary), dated 6th April, 1991, Pages
913-A to 913-G.
2
By Order of the Shairat Appellate Bench of the Supreme Court of Pakistan in Haji Rana Muhammad Shabbir
Ahmad Khan’s case reported in PLD 1994 SC 1, the provisions of section 2(a) of the Act in so far as it excludes
from the definition of “immovable property” all properties situated in urban area or within Cantonment limits,
were held to be repugnant to the Injunctions of Islam and they ceased to have effect on 31st
December, 1993.
3
By Order of the Shairat Appellate Bench of the Supreme Court of Pakistan in Haji Rana Muhammad Shabbir
Ahmad Khan’s case reported in PLD 1994 SC 1, the provisions of section 6(2) of the Act as it makes the
plaintiff in case of pre-emption liable to prove that he is exercising the right of Shuf’ah on the basis of Zaroorat
or to avoid Zarar, were held to be repugnant to the Injunctions of Islam and they ceased to have effect on 31st
December, 1993.
4
By Order of the Shairat Appellate Bench of the Supreme Court of Pakistan in Haji Rana Muhammad Shabbir
Ahmad Khan’s case reported in PLD 1994 SC 1, the provisions of section 35(2) of the Act in so far as it excepts
the suits of pre-emption instituted or pending between 1st
day of August, 1986 and 28th
March, 1990 from the
requirements of Talab-i-Muwathabat and because they have extended the period of limitation for such suits to
one year, were held to the repugnant to the Injunctions of Islam and they ceased to have effect on 31st
December, 1993.