This Supreme Court case from 1975 deals with a husband filing for annulment of marriage, divorce, and judicial separation from his wife on grounds of fraud, unsoundness of mind, and cruelty. Both lower courts had rejected the claims of fraud and unsoundness of mind. The lower courts came to different conclusions on whether the wife was guilty of cruelty. The Supreme Court examined the evidence and found that the wife's conduct did amount to cruelty under the relevant sections of the Hindu Marriage Act. The Court also clarified that the standard of proof in matrimonial cases is preponderance of probabilities, not proof beyond reasonable doubt.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1. It provides an overview of the history and territorial extent of the CrPC, which was enacted in 1973 and replaced prior criminal procedure codes from the British era.
2. It outlines the different classes of criminal courts established under the CrPC, including Courts of Session, Judicial Magistrates, and Metropolitan Magistrates. Territories are divided into sessions divisions, districts, and sub-divisions.
3. Courts of Session preside over sessions divisions and are headed by Sessions Judges appointed by High Courts. Additional and Assistant Sessions Judges can also be appointed to aid the Sessions Judge.
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 doctrine of exhaustion of intellectual property rights, which refers to the loss of certain IP rights over a product after its first sale. It outlines different theories of exhaustion (national, regional, international) and how exhaustion applies under patent, trademark, and copyright law in India based on case law and proposed amendments. While most countries favor national exhaustion, international exhaustion favors consumers by allowing parallel imports but can undermine brand protection by exploiting price differences between countries. In conclusion, the doctrine balances IP owner rights with consumer access after initial market distribution.
This document summarizes key sections of the Transfer of Property Act 1882 relating to rules against perpetuity. Section 13 discusses transfers for the benefit of unborn persons, while Section 14 outlines the rule against perpetuity. Section 15 addresses transfers to a class where some members fall under Sections 13 and 14. The interest fails for those persons but not the whole class. Case laws like Leak vs Robinson and Raja Bajrang Bahadur Singh vs Thakurain Bakhatraj further explain how interests fail for some but not the entire class. Section 16 notes that subsequent interests created in the same transaction will also fail if a prior interest fails due to Sections 13 and 14. Exceptions to these rules for transfers for public/charitable
The document provides an overview of the key features of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The summary includes:
1) It outlines the need for a new law combining land acquisition and rehabilitation/resettlement provisions given issues with the outdated 1894 law and need to balance development with protecting farmers' rights.
2) It describes the scope of the new law and its application to both government and private land acquisition over certain area thresholds.
3) It provides a high-level overview of several important provisions including enhanced compensation and rehabilitation packages, restrictions on acquiring multi-crop land, roles for gram sabhas, and benefits for vulnerable groups like S
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 Supreme Court case from 1975 deals with a husband filing for annulment of marriage, divorce, and judicial separation from his wife on grounds of fraud, unsoundness of mind, and cruelty. Both lower courts had rejected the claims of fraud and unsoundness of mind. The lower courts came to different conclusions on whether the wife was guilty of cruelty. The Supreme Court examined the evidence and found that the wife's conduct did amount to cruelty under the relevant sections of the Hindu Marriage Act. The Court also clarified that the standard of proof in matrimonial cases is preponderance of probabilities, not proof beyond reasonable doubt.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1. It provides an overview of the history and territorial extent of the CrPC, which was enacted in 1973 and replaced prior criminal procedure codes from the British era.
2. It outlines the different classes of criminal courts established under the CrPC, including Courts of Session, Judicial Magistrates, and Metropolitan Magistrates. Territories are divided into sessions divisions, districts, and sub-divisions.
3. Courts of Session preside over sessions divisions and are headed by Sessions Judges appointed by High Courts. Additional and Assistant Sessions Judges can also be appointed to aid the Sessions Judge.
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 doctrine of exhaustion of intellectual property rights, which refers to the loss of certain IP rights over a product after its first sale. It outlines different theories of exhaustion (national, regional, international) and how exhaustion applies under patent, trademark, and copyright law in India based on case law and proposed amendments. While most countries favor national exhaustion, international exhaustion favors consumers by allowing parallel imports but can undermine brand protection by exploiting price differences between countries. In conclusion, the doctrine balances IP owner rights with consumer access after initial market distribution.
This document summarizes key sections of the Transfer of Property Act 1882 relating to rules against perpetuity. Section 13 discusses transfers for the benefit of unborn persons, while Section 14 outlines the rule against perpetuity. Section 15 addresses transfers to a class where some members fall under Sections 13 and 14. The interest fails for those persons but not the whole class. Case laws like Leak vs Robinson and Raja Bajrang Bahadur Singh vs Thakurain Bakhatraj further explain how interests fail for some but not the entire class. Section 16 notes that subsequent interests created in the same transaction will also fail if a prior interest fails due to Sections 13 and 14. Exceptions to these rules for transfers for public/charitable
The document provides an overview of the key features of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The summary includes:
1) It outlines the need for a new law combining land acquisition and rehabilitation/resettlement provisions given issues with the outdated 1894 law and need to balance development with protecting farmers' rights.
2) It describes the scope of the new law and its application to both government and private land acquisition over certain area thresholds.
3) It provides a high-level overview of several important provisions including enhanced compensation and rehabilitation packages, restrictions on acquiring multi-crop land, roles for gram sabhas, and benefits for vulnerable groups like S
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
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
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
The document outlines the key stages of a criminal trial in India. It discusses the differences between a summons case and a warrant case, and covers the trial procedures for warrant cases before a Sessions Court and Magistrate. The trial procedures covered include framing of charges, examining witnesses and evidence, defenses, submissions, and judgment. It also discusses some common provisions like acquittal or conviction, absence of complainant, and compensation for false accusations. Overall, the document provides a comprehensive overview of the different stages and processes involved in criminal trials under Indian law.
1. Ram Kumar has filed a bail application in connection with FIR No. 156/2018 registered under Section 307 of the Indian Penal Code for attempted murder.
2. He claims to be innocent and falsely implicated. He owns a textile business and has no criminal record.
3. Ram Kumar promises to abide by any bail conditions and attend court on all hearing dates, and seeks bail citing his innocence, responsibility, and that keeping him in custody serves no purpose.
A trademark is defined as a mark capable of being represented graphically and distinguishing goods/services of one person from others. Common law protects trademarks through unfair competition claims for misrepresentation, such as when an unregistered mark is used on similar goods with intent to pass off goods as belonging to another. For a passing off claim, the plaintiff must prove the claimant's goodwill, a misrepresentation by the defendant, and damage to goodwill. Action for passing off under common law protects a trader's goodwill and is different from infringement actions which protect registered rights.
1) Tulk, the original owner of some houses, sold a piece of land to E with a covenant that the land would remain an ornamental garden with no buildings. 2) Over time, the land was sold multiple times until it was purchased by Moxhay, who had notice of the covenant but attempted to build on the land. 3) The court held that in equity, the covenant was binding on subsequent purchasers like Moxhay, and enforced the covenant by injunction, since Tulk had a legitimate interest and Moxhay had notice.
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
The document discusses the maintainability of an appeal filed against an order of acquittal confirmed by the Sessions Court invoking Section 372 of the CrPC. It frames 7 questions on this issue for consideration by a Full Bench. It discusses the relevant law provisions including Sections 372, 374, 378, 397 and 401 of the CrPC. It summarizes key case laws on the topic and concludes by discussing the legal concepts of 'actus curiae neminem gravabit' and precedents.
- The document discusses procedures for lawsuits involving the government or public officials under Sections 79-82 of the Indian Code of Civil Procedure.
- It notes that notice must be given to the government or public officer being sued at least two months before filing a lawsuit against them regarding acts done in their official capacity.
- Exceptions to the notice requirement allow for urgent legal action with court approval, and errors in the notice will not result in dismissal if key information is provided.
Sukre Suraj Ratanrao's document discusses bona fide industrial use of land under section 44A of the Maharashtra Land Revenue Code 1966. It defines bona fide use of land and explains that no permission is required to convert agricultural land to non-agricultural use for bona fide industrial purposes, including manufacturing, processing, handicrafts, power projects, and warehouses. The procedure for converting agricultural land to non-agricultural land for bona fide use requires informing the tahsildar within 30 days through the village officer, and failure to do so within 30 days could result in fines or reverting the land to its original form.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
The document summarizes the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act of 2007, which was enacted to provide measures for checking encroachment and evicting encroachments of tanks managed by the Public Works Department. It outlines the survey process to determine tank boundaries, the notice and eviction process for encroachers, offenses and penalties, and that the government may alienate tank land if it does not interfere with storage or water quality. The act was made to protect people's constitutional right to water.
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.
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 contains notes on various topics relating to land law in Malaysia. Topic 1 discusses general concepts of land ownership, with the key points being that in Islam, Allah is the absolute owner of land and humans are trustees, and private land ownership is recognized but not absolute. Topic 2 examines land ownership in Islam in more depth, noting that private ownership is conditional on utilizing the land. Methods of acquiring land discussed are iqta' and ihya al mawat.
Topic 3 covers the Malaysian Torrens system. It provides historical background on the Malay customary tenure system and the influence of Islamic law. It then discusses the deeds system introduced by the British in the Straits Settlements and the Torrens system introduced in the
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
This document discusses temporary injunctions under Indian law. It defines a temporary injunction as continuing until a specified time or further court order, and that they can be granted at any stage of a suit. The primary purpose is to maintain the status quo until the final determination of the suit. It lists 12 cases where a temporary injunction may be granted, such as when property is in danger or being wasted. It outlines the principles a court considers, including whether the plaintiff has a prima facie case, the balance of convenience favors the plaintiff, and the plaintiff would suffer irreparable injury without injunction. It defines these terms and notes injunction is an equitable remedy where the party must do equity and not suppress material facts.
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
The document outlines the key stages of a criminal trial in India. It discusses the differences between a summons case and a warrant case, and covers the trial procedures for warrant cases before a Sessions Court and Magistrate. The trial procedures covered include framing of charges, examining witnesses and evidence, defenses, submissions, and judgment. It also discusses some common provisions like acquittal or conviction, absence of complainant, and compensation for false accusations. Overall, the document provides a comprehensive overview of the different stages and processes involved in criminal trials under Indian law.
1. Ram Kumar has filed a bail application in connection with FIR No. 156/2018 registered under Section 307 of the Indian Penal Code for attempted murder.
2. He claims to be innocent and falsely implicated. He owns a textile business and has no criminal record.
3. Ram Kumar promises to abide by any bail conditions and attend court on all hearing dates, and seeks bail citing his innocence, responsibility, and that keeping him in custody serves no purpose.
A trademark is defined as a mark capable of being represented graphically and distinguishing goods/services of one person from others. Common law protects trademarks through unfair competition claims for misrepresentation, such as when an unregistered mark is used on similar goods with intent to pass off goods as belonging to another. For a passing off claim, the plaintiff must prove the claimant's goodwill, a misrepresentation by the defendant, and damage to goodwill. Action for passing off under common law protects a trader's goodwill and is different from infringement actions which protect registered rights.
1) Tulk, the original owner of some houses, sold a piece of land to E with a covenant that the land would remain an ornamental garden with no buildings. 2) Over time, the land was sold multiple times until it was purchased by Moxhay, who had notice of the covenant but attempted to build on the land. 3) The court held that in equity, the covenant was binding on subsequent purchasers like Moxhay, and enforced the covenant by injunction, since Tulk had a legitimate interest and Moxhay had notice.
This document provides an overview of specific relief under Indian law. It discusses key concepts like specific performance of contracts and recovery of possession of property. Specific relief refers to a form of judicial remedy where a party is compelled by a civil court to do or refrain from doing a certain act. The Specific Relief Act of 1877 governs specific relief in India and is based on principles of equity. It allows for specific performance of contracts for sale of immovable property, partial performance of contracts where part of the obligation cannot be fulfilled, and rights of purchasers against vendors with imperfect title. Certain types of contracts cannot be specifically enforced, such as those requiring continuous performance over 3 years or those with uncertain terms.
The document discusses the maintainability of an appeal filed against an order of acquittal confirmed by the Sessions Court invoking Section 372 of the CrPC. It frames 7 questions on this issue for consideration by a Full Bench. It discusses the relevant law provisions including Sections 372, 374, 378, 397 and 401 of the CrPC. It summarizes key case laws on the topic and concludes by discussing the legal concepts of 'actus curiae neminem gravabit' and precedents.
- The document discusses procedures for lawsuits involving the government or public officials under Sections 79-82 of the Indian Code of Civil Procedure.
- It notes that notice must be given to the government or public officer being sued at least two months before filing a lawsuit against them regarding acts done in their official capacity.
- Exceptions to the notice requirement allow for urgent legal action with court approval, and errors in the notice will not result in dismissal if key information is provided.
Sukre Suraj Ratanrao's document discusses bona fide industrial use of land under section 44A of the Maharashtra Land Revenue Code 1966. It defines bona fide use of land and explains that no permission is required to convert agricultural land to non-agricultural use for bona fide industrial purposes, including manufacturing, processing, handicrafts, power projects, and warehouses. The procedure for converting agricultural land to non-agricultural land for bona fide use requires informing the tahsildar within 30 days through the village officer, and failure to do so within 30 days could result in fines or reverting the land to its original form.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Bail is the release of an accused person from custody, on the condition that they will return for their trial or other legal proceedings. The purpose of bail is to ensure the presence of the accused at trial while also protecting their liberty prior to being proven guilty. Bail laws originated in ancient times and are now codified in the Indian Criminal Procedure Code. Bail can be granted for bailable offenses with sentences under 3 years or fines only. For more serious non-bailable offenses, courts consider various factors like evidence and witness tampering risk when deciding bail. The process involves applying to the court and potentially depositing an amount until the trial. Grant of bail is mandatory in certain circumstances like incomplete investigations or if the accused is
The document summarizes the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act of 2007, which was enacted to provide measures for checking encroachment and evicting encroachments of tanks managed by the Public Works Department. It outlines the survey process to determine tank boundaries, the notice and eviction process for encroachers, offenses and penalties, and that the government may alienate tank land if it does not interfere with storage or water quality. The act was made to protect people's constitutional right to water.
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.
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 contains notes on various topics relating to land law in Malaysia. Topic 1 discusses general concepts of land ownership, with the key points being that in Islam, Allah is the absolute owner of land and humans are trustees, and private land ownership is recognized but not absolute. Topic 2 examines land ownership in Islam in more depth, noting that private ownership is conditional on utilizing the land. Methods of acquiring land discussed are iqta' and ihya al mawat.
Topic 3 covers the Malaysian Torrens system. It provides historical background on the Malay customary tenure system and the influence of Islamic law. It then discusses the deeds system introduced by the British in the Straits Settlements and the Torrens system introduced in the
Land reforms vis a-vis urban land ceiling act and its connotations in west be...Chenoy Ceil
The document discusses land reforms in West Bengal, India relating to the Urban Land Ceiling Act. It provides background on land ownership laws over time. Key points:
1) West Bengal continues to implement the Urban Land Ceiling Act to prevent land concentration and ensure equitable distribution, despite it being repealed at the national level.
2) The Act establishes ceilings on the amount of vacant urban land an individual can own, varying based on the urban area's classification.
3) The Competent Authority is empowered to acquire lands exceeding the ceiling limits and determine if lands recorded as agricultural are actually being used as such.
The document provides an overview of key Indian land acquisition acts:
1) The Land Acquisition Act of 1894 allows the government to acquire private land for public purposes, paying compensation based on market value. It remains the primary legislation on land acquisition.
2) The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act of 2013 reformed the 1894 act by strengthening consent clauses, introducing SIA and R&R.
3) Key sections of the 1894 act outlined include provisions for land surveys, notifications, hearings and Collector awards on compensation within deadlines.
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.
The document discusses the process of land acquisition in India according to the Land Acquisition Act of 1894. Some key points:
1) Land can only be acquired by the government for public purposes by invoking the Land Acquisition Act and providing compensation. The Act allows for both voluntary acquisition as well as compulsory acquisition of privately owned land.
2) There are important stages to the acquisition process including preliminary notification and surveys, declaration of intent to acquire, determination of compensation, and finally taking possession of the land.
3) Compensation for acquired land must be based on the market value of the land at the time of notification, as determined by analyzing sale prices of similar lands in the vicinity. Structures are separately
The document provides an overview of contract law in India, beginning with the historical influences on Indian contract law from English law. It then summarizes the key provisions and interpretations of the Indian Contract Act of 1872. Some of the main points covered include:
- The Indian Contract Act was enacted in 1872 and drew significantly from English law.
- Section 1 covers the title, application and repeal of prior enactments.
- Section 2 provides definitions and interpretations used in the Act.
- The essentials of a valid contract and different types of contracts are discussed such as void, voidable, illegal, express, implied, etc.
- Key principles like offer, acceptance, consideration, intention, communication are explained.
Transferable Development Rights (TDRs) allow land owners who surrender land for public projects to receive additional development rights that can be used or sold. There is debate around whether trading TDRs is taxable under GST. TDRs are considered a "benefit arising from land" and immovable property. However, the sale of land is excluded from GST. Judicial precedents indicate "land" includes rights associated with it. Since TDRs are a land benefit, their transfer may not be liable for GST. Until clarified, paying GST on TDR transfers is advisable to avoid potential non-compliance issues.
The document discusses the "golden rule" of interpretation, which allows courts to deviate from the literal or plain meaning of words in a statute if such an interpretation would lead to absurd or unreasonable results that go against the intention of the statute. It provides several examples of cases where courts applied the golden rule to prevent absurd outcomes, such as allowing a murderer to benefit from their crime or exempting someone from liability for obstructing security forces simply because they were physically on a prohibited site rather than near it. The golden rule seeks to avoid literal interpretations that are inconsistent or lead to consequences the legislature could not have intended.
Kerajaan Negeri Selangor v Sagong Tasi & Ors [2005] 6 MLJ 289surrenderyourthrone
The Court of Appeal dismissed the defendants' appeal in a case involving the acquisition of indigenous lands by the Selangor state government. The key holdings were:
1) The plaintiffs, as members of the Temuan tribe, held customary communal title over the lands in question based on their traditional occupation and use. This was a question of fact supported by evidence.
2) The Aborigines Peoples Act 1954, which aims to protect indigenous rights, must be interpreted broadly in favor of indigenous peoples. It recognizes the plaintiffs' customary communal title.
3) The acquisition of the lands amounted to compulsory acquisition requiring adequate compensation under the Federal Constitution. The relevant section of the 1954 Act must be read to provide
The document discusses the formation of contracts under Indian law. It provides background on how English law initially influenced Indian law and the development of the legal system in India over time. It then summarizes the key aspects of the Indian Contract Act of 1872, including its scope, interpretation of terms, kinds of contracts, essential conditions for a valid offer, and types of offers. Examples of relevant case laws are also discussed.
This document provides arguments regarding a dispute over the formation and alleged breach of a contract for the sale of a vintage car between Mr. Raghav and Mr. Sam. It summarizes the 3 key issues in dispute and provides supporting arguments for each issue in 3 or less sentences.
Issue 1: Whether the offer and acceptance were valid. It argues that the offer and acceptance communicated via telex met the requirements to form a valid contract under the Indian Contract Act.
Issue 2: Whether the revocation of the offer was valid. It argues that the revocation was not valid as it did not comply with provisions for revocation under the Indian Contract Act.
Issue 3: Whether there was a breach of contract.
The document discusses four cases related to temporary occupation licenses (TOL) under Malaysian land law:
1) Mohamed v Kunji Mohidin - A holder of a TOL to pluck coconuts was awarded damages after another licensee cut down trees on the land.
2) Julaika Bivi v Mydin - A TOL holder can bring an ejectment action against a trespasser occupying part of a house on the licensed land.
3) Hee Cheng v Krishnan - An attempted sale of rights under a TOL was deemed unlawful under the Contracts Ordinance.
4) Paruvathy d/o Murugiah v Krishnan - The principle
Restraints on dealings prevent transactions related to disputed land from being registered. The main types of restraints in Malaysia are lis pendens, injunctions, caveats, and prohibitory orders. Caveats freeze the land register until the dispute is resolved, protecting the caveator's claim. Unlike caveats, injunctions are court orders that do not register on the land title but can still prevent dealings. While caveats and injunctions both restrain transactions, injunctions require court approval and can protect a broader range of interests.
The document discusses the Slum Areas (Improvement and Clearance) Act of 1956 and the Rent Control Act in India. It provides the following key points:
1. The Slum Areas Act aims to provide security of tenure, basic amenities, and affordable housing to slum dwellers through legal documents assigning dwelling space.
2. Rent control acts were intended to protect tenants from eviction and paying excessive rent, but led to shortages by controlling prices below market equilibrium.
3. Arguments against rent control include reduced investment in rental housing, deterioration of housing stock, difficulty evicting tenants, and inefficient allocation of resources.
This document is a memorial submitted on behalf of the respondent in a civil suit filed under Section 9 of the Code of Civil Procedure. It contains the index of authorities cited, a list of abbreviations, statements of jurisdiction and facts of the case, issues raised, summary of arguments, and detailed arguments on each issue. The key issues are whether the offer and acceptance were valid as per the Indian Contract Act, 1872, whether the revocation of offer by the defendant was valid, and whether there was a breach of contract. The respondent argues that while the offer was valid, the acceptance was not as the defendant was unaware of it, and the revocation of offer was valid as per the provisions of the Act. Therefore, no valid
How to Manage Your Lost Opportunities in Odoo 17 CRMCeline George
Odoo 17 CRM allows us to track why we lose sales opportunities with "Lost Reasons." This helps analyze our sales process and identify areas for improvement. Here's how to configure lost reasons in Odoo 17 CRM
ISO/IEC 27001, ISO/IEC 42001, and GDPR: Best Practices for Implementation and...PECB
Denis is a dynamic and results-driven Chief Information Officer (CIO) with a distinguished career spanning information systems analysis and technical project management. With a proven track record of spearheading the design and delivery of cutting-edge Information Management solutions, he has consistently elevated business operations, streamlined reporting functions, and maximized process efficiency.
Certified as an ISO/IEC 27001: Information Security Management Systems (ISMS) Lead Implementer, Data Protection Officer, and Cyber Risks Analyst, Denis brings a heightened focus on data security, privacy, and cyber resilience to every endeavor.
His expertise extends across a diverse spectrum of reporting, database, and web development applications, underpinned by an exceptional grasp of data storage and virtualization technologies. His proficiency in application testing, database administration, and data cleansing ensures seamless execution of complex projects.
What sets Denis apart is his comprehensive understanding of Business and Systems Analysis technologies, honed through involvement in all phases of the Software Development Lifecycle (SDLC). From meticulous requirements gathering to precise analysis, innovative design, rigorous development, thorough testing, and successful implementation, he has consistently delivered exceptional results.
Throughout his career, he has taken on multifaceted roles, from leading technical project management teams to owning solutions that drive operational excellence. His conscientious and proactive approach is unwavering, whether he is working independently or collaboratively within a team. His ability to connect with colleagues on a personal level underscores his commitment to fostering a harmonious and productive workplace environment.
Date: May 29, 2024
Tags: Information Security, ISO/IEC 27001, ISO/IEC 42001, Artificial Intelligence, GDPR
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A workshop hosted by the South African Journal of Science aimed at postgraduate students and early career researchers with little or no experience in writing and publishing journal articles.
How to Make a Field Mandatory in Odoo 17Celine George
In Odoo, making a field required can be done through both Python code and XML views. When you set the required attribute to True in Python code, it makes the field required across all views where it's used. Conversely, when you set the required attribute in XML views, it makes the field required only in the context of that particular view.
How to Setup Warehouse & Location in Odoo 17 InventoryCeline George
In this slide, we'll explore how to set up warehouses and locations in Odoo 17 Inventory. This will help us manage our stock effectively, track inventory levels, and streamline warehouse operations.
This presentation was provided by Steph Pollock of The American Psychological Association’s Journals Program, and Damita Snow, of The American Society of Civil Engineers (ASCE), for the initial session of NISO's 2024 Training Series "DEIA in the Scholarly Landscape." Session One: 'Setting Expectations: a DEIA Primer,' was held June 6, 2024.
How to Build a Module in Odoo 17 Using the Scaffold MethodCeline George
Odoo provides an option for creating a module by using a single line command. By using this command the user can make a whole structure of a module. It is very easy for a beginner to make a module. There is no need to make each file manually. This slide will show how to create a module using the scaffold method.
How to Add Chatter in the odoo 17 ERP ModuleCeline George
In Odoo, the chatter is like a chat tool that helps you work together on records. You can leave notes and track things, making it easier to talk with your team and partners. Inside chatter, all communication history, activity, and changes will be displayed.
The simplified electron and muon model, Oscillating Spacetime: The Foundation...RitikBhardwaj56
Discover the Simplified Electron and Muon Model: A New Wave-Based Approach to Understanding Particles delves into a groundbreaking theory that presents electrons and muons as rotating soliton waves within oscillating spacetime. Geared towards students, researchers, and science buffs, this book breaks down complex ideas into simple explanations. It covers topics such as electron waves, temporal dynamics, and the implications of this model on particle physics. With clear illustrations and easy-to-follow explanations, readers will gain a new outlook on the universe's fundamental nature.
Walmart Business+ and Spark Good for Nonprofits.pdfTechSoup
"Learn about all the ways Walmart supports nonprofit organizations.
You will hear from Liz Willett, the Head of Nonprofits, and hear about what Walmart is doing to help nonprofits, including Walmart Business and Spark Good. Walmart Business+ is a new offer for nonprofits that offers discounts and also streamlines nonprofits order and expense tracking, saving time and money.
The webinar may also give some examples on how nonprofits can best leverage Walmart Business+.
The event will cover the following::
Walmart Business + (https://business.walmart.com/plus) is a new shopping experience for nonprofits, schools, and local business customers that connects an exclusive online shopping experience to stores. Benefits include free delivery and shipping, a 'Spend Analytics” feature, special discounts, deals and tax-exempt shopping.
Special TechSoup offer for a free 180 days membership, and up to $150 in discounts on eligible orders.
Spark Good (walmart.com/sparkgood) is a charitable platform that enables nonprofits to receive donations directly from customers and associates.
Answers about how you can do more with Walmart!"
it describes the bony anatomy including the femoral head , acetabulum, labrum . also discusses the capsule , ligaments . muscle that act on the hip joint and the range of motion are outlined. factors affecting hip joint stability and weight transmission through the joint are summarized.
4. PRESENTATION TOPICS :
A Case on Land Law:
★S. N. Kabir v Mrs.
Fatema Begum and
others. 3 SCOB [2015]
AD 16
5. THE PURPOSE FOR CHOOSING THIS CASE:
Benami transaction — white-collar Crime
A purview of Constitutional law
Definition of immovable property
6. FACT :
★ The plaintiff instituted a Title suit for
declaration that he is the owner of the suit
property and that the defendant-wife is his
benamdar and is not the owner there of.
★ The land was in urban area.
7. ISSUES:
1. Whether the benami transaction is prohibited in our existing law.
2. Whether section 5 of the Land Reforms Ordinance,1984 is
relatingto the non Agricultural -Urban land.
3. Whether preamble of a Statue plays a role in constitutinga
statue.
4. Whether immoveable property incorporates both agricultural
and non agricultural land or not.
8. RULE OF LAWS:
Statutory provisions :
1. section 5 of the Land Reforms Ordinance,1984.
Case laws:
1..Anwar Hossain Chowdhury Vs. The Government of Bangladesh, 41
DLR
(AD)165
2. Sreemoti Indira Gandhi Vs.Rajnarain reported in AIR 1975
(SC)2299
9. APPLICATION OF THE LAWS:
Issue-1:
Benami transactions which have been in vogue in the Indian Sub-Continentfor
centuries denote a transaction which is done by a person without using his own
name, but in the name of another.
This old age practice was given a go-by by section 5 of the Land Reforms
Ordinance,1984.
“No person shall purchase any immovable property for his own benefit in the
name of another person.” ( 5(1))
10. APPLICATION OF THE LAW :
Issue-02:
Before promulgation of this Ordinance, the benami transactions
were prevalent both in rural, urban or municipal areas. It was the
intention of the legislative authority that the system, if prohibited,
would be prohibited both in rural and urban or municipal areas.
Though most of the provisions of the Ordinance relate to rural areas,
that will not alter the meaning of the provisions of section 5 which
cannot be restricted to rural areas only.
11. ARGUMENT :
Plaintiff :
1. The provisions of the entire Ordinance are relating to agricultural
and cultivable land. ( preamble of the Land Reform Ordinance, 1984)
2. The Land Reforms Ordinance,1984 has been promulgated with the object to
reform the land relating to land tenures, land holding and transfer with a view
to maximizing production and ensuring a better relationship between land
owners and bargaders.
12. ARGUMENT :
Defendant:
1.This section must be read in conjunction with sub-section (1) of section
1 of the Ordinance, which provides that this Ordinance may be called
the “Land Reforms Ordinance.
2. There is no scope for reading the words ‘rural area’ in section 5 of the
Ordinance.
13. APPLICATION OF THE LAWS:
Issue-03:
The preamble cannot control the meaning and expression when the meaning of
the expression is clear and unambiguous. The aid of the preamble can be taken
if the meanings of the words to be interpreted are not clear and ambiguous.
—*Anwar Hossain Chowdhury Vs. The Government of Bangladesh, 41 DLR
(AD)165*Sreemoti Indira Gandhi Vs.Rajnarain reported in AIR 1975 (SC)2299
The language of section 5 of the Ordinance is plain and unambiguous and it is
remarkable by itself. So, the preamble can not control the expression of the
section -05 of the said Ordinance.
14. APPLICATION OF THE LAWS:
Issue-04:
In light of issues-2&3, Therefore, the words ‘immoveable property’
occurring in section 5 of the Ordinance include both agricultural and
non-agricultural properties. There is no scope for encroaching upon
the domain of legislature by importing the words ‘rural area’ in
section 5 and addition of such words will amount to legislation by
the judiciary which is not at all permissible.
16. CONCLUSION :
The ground behind to prohibitthe benami
transaction is
Because of benami transactions, multifarious litigations crop
up across the country.
A persons having the possession of black money take
advantage of benami transactions by purchasing property
in the names of their nearest relatives