This document discusses the procedure for acquiring state land under the National Land Code (NLC) of Malaysia. It summarizes a court case where an applicant paid the land revenue amount 8 months after the specified deadline in the notice. A third party challenged the alienation, arguing the approval had lapsed. However, the court held that the state authority accepting late payment implied a fresh approval. The decision showed that paying land revenue within the deadline is not mandatory under NLC, and the registration of title is the primary consideration in establishing ownership of the land.
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
Land Acquisition in Malaysia: The Must Know & The Must NotAdeline Chin YF
The slides provide a brief overview of the land acquisition process in Malaysia alongside recent developments and notable cases related to land acquisition. Also included are methods to contesting an award of compensation during compulsory land acquisitions, recent developments in appealing a land reference order, and the filing of judicial review to challenge an acquisition.
Registrar's Caveat under Land Law II.
Contains;
1. Function of a Registrar
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3. Who can apply for Registrar's Caveat
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5. Cases involved
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
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Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. HOW TO ACQUIRE THE ALIENATION OF THE STATE LAND?
REFER TO SECTIONS 181-182 NLC
1- obtain the approval of state authority
2- if it is approved, certain sums of money become payable to
it as land revenue under section 81(1) of NLC
3-the collector issues a notice in form 5A under section 81(2)
NLC requiring the intended proprietor to pay the revenue
within time stipulated in the notice.
if sum not paid within specified time the approval of the
state authority lapses under section 81(2).
Issue- what happened if this procedure is not followed?
2. THE BEE V MARUTHAMUTHU
-The Bee (TB), an applicant of land under alienation made payment of land revenue beyond
specified time. She supposedly pay the sum 3 months from the date mentioned in Form 5A
with was in NOV 16, 1966. But she pay the sum 8 MONTHS AFTER THE STIPULATED DATE!
-Payment was still accepted and registration of title in her name was perfected.
-A TOL holder, B, who occupied the land in question challenged the alienation to A and
claimed that approval had already lapsed when payment was made, therefore SA has acted
Ultra Vires the NLC.
Held- SA did not ultra vires NLC. At the time payment was made, there was no other
applicant and when SA accepted the payment means that it has given a fresh approval.
Decision shows that:
-Payment of land revenue to be made within time is not mandatory, only directory;
SA has the discretion to accept payment even if made beyond time limit.
-No need to really follow the procedure to apply for the alienation of land under NLC, as
long as the title is registered under the applicant’s name, he has indefeasible title over the
land.
Under Torren System- the registration of title is everything !