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.
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
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.
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
Classification of cause of action / characterisationcarolineelias239
it is the second element in private international law to decide a case having foreign element, after assuming jurisdiction by a court. It is essential to categorize facts of a case & to find out which part of law to be applied - whether tort / contract/ succession/ marital issues etc. Then only a case can be decided.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
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.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
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
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
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.
This explains what are parties to a suit, who can be joined as party to suit. It explains joinder, misjoinder, nonjoinder of parties. How parties may be added or struck out.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
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
These slides provide insights into the Tourism and Hospitality students studying legal provisions relating to their industry. It covers the definitions given by legal scholars and the ideas related to the nature of law.
It includes the definition and nature of law. It includes the definition of law presented by Salmond, Austin, Hart, and Pound. It also talks about equal treatment, the Enactment of law, Power, Justice, etc.
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The Power Point deals with the legal concept of Rights and Duties. An attempt has been made on the part of the author to explain the depth of the topic in lucid terms with the help of flowcharts and examples.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
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Legal rights (nature, characteristics and kinds)Vaibhav Goyal
In the case of State of Rajasthan vs. Union of India (1977), the Supreme Court defined legal right as, “In a strict sense, legal rights are correlatives of legal duties and are defined as interests which the law protects by imposing corresponding duties on others. But in a generic sense, the word “right” is used to mean an immunity from the legal power of another, immunity is exemption from the power of another in the same way as liberty is exemption from the right of another. Immunity, in short, is no subjection.”
Various statutory provisions in India under the Factories Act,1948 and various other enactments, providing facilities like healthcare, canteens etc to labor.
A short overview on the Trade Disputes Act, 1929, which preceded the Industrial Disputes Act, 1947. The enactment was meant to regulate disputes between employers and workers in India.
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.
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.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
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.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
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.
1. TITLE
Definition, Nature and Implications
Introduction: The term title is an English word which is derived from the word ‘titulus’
of Roman law and ‘titre’ of French law. Every right arises from a title. Here, the term
right has a wide meaning to include privileges, powers and immunities as well. A title
may be described as a source from which a right originates. A title means a set of facts
by reason of which a right has become the subject-matter of ownership. It is a link
between a person and an object. Legal rights do not come out of nothing or vacuum.
They come from some basis like a document, law, devices, facts, events or acts; these are
called titles. Thus, titles are the roots, origin, foundations from which rights are born.
Is right = title?
Salmond: Salmond holds that title is the fifth element of a legal right. He underlines the
importance of title by quoting, “title is the de facto antecedent, of which right is the de
jure consequent”. He also states that every legal right has a title, that is to say, certain
facts or events by reason of which the right has become vested in its owner. If the law
confers a right upon one man which it does not confer upon another, the reason is that
certain facts are true of him which are not true of the other and these facts are the title of
the right. There are certain rights which a person acquires by birth, namely, right to life,
liberty, reputation etc. whereas there are others which man acquires by contract,
judgment of court or other transaction. In either case, there must be some facts (that is,
title) from which the right takes its roots.
Austin: Title is not right itself, but it is an element of right. He distinguishes rights and
titles in the following terms:
Yes
(Holland, Lord
Blackburn)
No, a title is merely
an element of a right
(Salmond, Austin)
2. Title Right
An investitive fact Power, faculty or capacity, conferred upon
a person, founded on the title
Holland: Holland does not accept title as an element of a legal right. Holland does not
approve of the use of the term ‘title’ for although it connotes the facts giving rise to a
right, it does not indicate the facts which transfer or extinguish rights.
Justice Holmes: Every right is a consequence attached by the law to one or more facts
which the law defines and wherever the law gives anyone special right, not shared by
the body of the people, it does so on the ground that certain special facts, not true of the
rest of the world, are true to him. It is these special facts which constitute the title.
Bentham: He criticizes the word ‘title’ because, while it denotes the facts which give rise
to the creation of right, it does not denote those which destroy a right. He suggests the
term ‘dispositive fact’ instead of ‘title’ for every fact by which a right or duty is created
or destroyed.