The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
If you face any problem about the research then you can communicate with me and I expect your comments
E-mail : advkarim1994@gmail.com
Phone : 01558964737
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
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You can watch these Company law topics as well:
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If you face any problem about the research then you can communicate with me and I expect your comments
E-mail : advkarim1994@gmail.com
Phone : 01558964737
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
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
This material is a part of our PGPSE programe. Our programme is available for any student after class 12th / graduation. AFTERSCHO☺OL conducts PGPSE, which is available free to all online students. There are no charges. PGPSE is a very rigorous programme, designed to give a comprehensive training in social entrepreneurship / spiritual entrepreneurship. This programme is aimed at those persons, who want to ultimately set up their own business enterprises which can benefit society substantially. PGPSE is a unique programme, as it combines industry consultancy, business solutions and case studies in addition to spirituality and social concerns. You can read the details at www.afterschoool.tk or at www.afterschool.tk
The Criminal Procedure Code, 1973 provides for the provisions for maintenance. The provisions enumerated under the code are explained herein the slides along with the remedies available for maintenance and against maintenance.
Code of civil procedure 1908 suits in particular cases pptxDr. Vikas Khakare
This presentation contains provision as to suits in particular cases. It include provisions under Code of Civil Procedure as to suit by or against government and public office; suit by or against corporation; suit by or against minor and person of unsound mind; suit by indigent person and interpleader suits.
Specific performance of contract is subject matter of Specific relief Act 1963. These slides are summarized presentation to enable the students to understand the concept of specific relief
this contains provisions as to execution of decree and orders, provisions for execution of different orders, modes of execution by detention, arrest and attachment.
Code Of Civil Procedure: Res sub-judice & Res Judicata by Mahamud WazedMahamud Wazed (Wazii)
Section – 10 deals with the doctrine of res sub-judice and section-11 deals with the doctrine of res –judicata. Section -10 provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. On the other hand section-11 provides the rule relates to a matter already adjudicated. It bars the trial of a suit or an issue in which the matter directly and substantially in issue has been adjudicated upon in a former suit. Sections 10 and 11 are mandatory.
A law practitioner should know the following matter; What is law? Where is law? How to find out the law? Where you should go to find out the better remedy? How to read the law? Law should be read repeatedly. How to apply the law? And in order to practice the civil matter, a law practitioner should go through the following laws:
1. The Code of Civil Procedure.
2. Civil Rules and Orders.
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Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
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Cantt
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
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Class Lecture Compilation from the course Principles of Equity, Trust and Roman Law
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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 Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
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Discharge and dishonor of negotiable instruments (According to Indian Law)
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Discharge of a Party
Material Altercation
Dishonor of a Negotiable instrument
Dishonor by Non-Acceptance
Dishonor by Non-payment
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According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
Sovereignty means the supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
The power to do everything in a state without accountability, to other countries, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
When national sovereignty is discussed, the first definition applies, and it refers in particular to independence, understood as the freedom of a collective entity to act. When popular sovereignty is discussed, the second definition applies, and sovereignty is associated with power and legitimacy.1
There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
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1. Thursday,
June 25, 2015
SRA 255 | Presentation of Cancellation of Instruments 1
THE SPECIFIC RELIEF OF ACT, 1877
THE LAW OF LIMITATION ACT, 1908
TOPICS TO BE DISCUSSED:
“CANCELLATION OF INSTRUMENTS”
(SECTION 39, 40, AND 41)
WHO CAN FILE A SUIT
ESSENTIONAL ELEMENTS AND
SCOPES OF CANCELLATION OF
INSTRUMENTS
Presented by
2. SECTION 39: WHEN CANCELLATION MAY
BE ORDERED.
When a written instrument is made against any person, it is void or
voidable and if the instrument left outstanding he become seriously
injured. Then the plaintiff can file a suit for cancellation of instrument
and the court may order it delivered up and cancelled upon his
discretionary power. But subject to court satisfaction.
Otherwise if the instrument is registered under the Registration Act.
1908, then the court shall also send a copy of its decree to the officer
in whose office the instrument has been registered, and the officer
shall note the copy of decree of cancellation of instrument in his note
book.
3. SECTION 40: WHAT INSTRUMENTS MAY
BE PARTIALLY CANCELLED.
Where an instrument in evidence of different rights and different
obligations, then the court may cancel the part of instrument, which
part is violates different rights and different obligations and other
part of instrument will be remain unchanged.
SECTION 41: POWER TO REQUIRE PARTY FOR
WHOM INSTRUMENT IS CANCELLED TO MAKE
COMPENSATION.
Upon adjudging the cancellation of instruments, the court may
require the party to whom such relief is granted to make any
compensation to the other which justice may require.
4. WHO CAN FILE A SUIT FOR CANCELLATION
OF INSTRUMENTS?
Any person can file a suit for cancellation of instruments.
When a written instrument is made against him, which is void or
voidable and who become seriously injured by the instrument, if the
instrument left outstanding. Then the person (plaintiff) can file a
suit for cancellation of instrument and if the court satisfied under
the suit he may order it delivered up and cancelled upon his
discretionary power.
5. ESSENTIAL ELEMENTS OF CANCELLATION
OF INSTRUMENTS FOR FILING A SUIT
Instrument must be in written;
Instrument must be void or voidable;
If the instrument is left outstanding the plaintiff or applicant may
cause injury or harm;
The injury or harm must be in serious nature;
Discretionary power of the court; which declare it void or voidable
and delivered up and cancellation.
6. SCOPES OF CANCELLATION OF
INSTRUMENTS FOR FILING A SUIT
Gift Deed
Mortgage Deed
Deed by Minor
Sale Deed
Suit by person not partly to instrument
Discretion Power of Court
Prayer for Cancellation when unnecessary
Limitation for filing a suit
7. 1. GIFT DEED
A gift under the Muslim Law, which is unaccompanied by
position is void-ab-inito. Otherwise any gift can not be cancelled
after the immediate delivery of possession. But under the
Section 39 of Specific Relief Act. 1877 a gift can be cancelled by
the following reasons:
If the gift is void or voidable;
If left outstanding may cause injury;
Injury to the plaintiff or other by the gift;
The injury in serious nature;
If it is against public policy, etc.
8. 2. MORTGAGE DEED
When there is a complete Mortgage Deed, but no consideration
has been paid for the property, a suit for cancellation will not lie.
But proper remedy will be available upon filing a suit for unpaid
consideration as there can be no injury to be apprehended.
Otherwise where a Mortgage let into possession and the defeat in
the Mortgage’s title is discovered later on, then the Mortgagor’s
cannot file a suit for cancellation during the Mortgage on be the
basis of mutual estoppel. (আইনের চূ ড়ান্ত স্বীকৃ তি)
9. 3. DEED BY MINOR
In case of Deed by Minor, the person (plaintiff) who are agreed for the deed with
the Minor can file a suit for cancellation of instruments. If the Deed is made by
the Legal Representative or Guardian in favor of Minor, the person cannot file a
suit for cancellation of instruments. But the person (plaintiff) can file a suit for
cancellation of instruments by the permission of Court, which depends upon the
discretionary power of Court.
If any other person demands himself as a Legal Representative or Guardian of
Minor and he made a Deed in favor of Minor, in such case if the plaintiff is able to
prove the person is not Legal Representative or Guardian of Minor, then he can
file a suit for cancellation of instruments. And the Minor can take proper action
against that person for fraud, who demands his Legal Representative or Guardian.
After the limitation period, the plaintiff cannot file a suit. But if he is able to prove
there was sufficient reasons for not filing the suit, the Court may grant him for
filing a suit, but subject matter of discretionary power of the Court.
10. 4. SALE DEED
Where the vendor has signed agreement of sale, money receipt
and power of attorney, knowing fully their contents for a valid
consideration thus Sale Deed executed in favor of vendee was
valid. The sale was valid and could not be cancelled. But where
the consideration has not been paid on a Sale Deed, a suit for
cancellation does not lie and the vendor has a right to file a suit
to return his money with lies on property.
11. 5. SUIT BY PERSON NOT PARTLY TO
INSTRUMENT
In case of cancellation of instruments, if the party is not in
instruments or contract or he is not the real party or either he is
third party, but he has interest over the contract or instruments
or he is the legal representative, then he will be able to file a suit
for cancellation of instruments. In such case, the party will also
have to prove the instruments is void or voidable and if it is left
outstanding may cause injury, which is in serious nature, then
the Court can pass a decree in favor of him for cancellation of
instruments.
12. 6. PRAYER FOR CANCELLATION WHEN
UNNECESSARY
In the case of cancellation of instruments, upon filing a suit by
the plaintiff or the defendant, the Court may declare the suit as
unnecessary under the following grounds:
if the Court found there was no reasonable cause;
no person or body will be harmed or injured by the instruments;
the instrument is not void or voidable;
not to opposite of public policy, etc.
Above the grounds the Court declare the suit as unnecessary
and reject or rescind the suit due to unnecessary.
13. 7. LIMITATION FOR FILING A SUIT
There is no specific period for cancellation of instruments. But
under the Article 91 of the Limitation Act. 1908, if it is found
that the instrument is void or voidable or if it is left outstanding
may cause injury and which is in serious nature, then a suit for
cancellation of instruments will have to filed immediately.