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.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
LLB LAW NOTES ON LAW OF TAXATION
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CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
The slides relate to ISLAMIC CONCEPT OF ACKNOWLEDGMENT. It elaborates on ACKNOWLEDGMENT BY A MUSLIM FATHER OF HIS LEGITIMATE CHILD. Useful for Law students and Professionals.
The ppt consists of meaning of the doctrine with example. A detailed understanding of the principle has been included along with many case laws. The essentials have been mentioned which will validate the act of parties.
LLB LAW NOTES ON LAW OF TAXATION
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
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FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
The TN Land Reforms (Fixation of Ceiling on land) Act, 1961.pptxRoshiniSundarrasu
The Slide Share is about, The Tamil Nadu Land Reforms (Fixation of ceiling on land) Act, 1961 which will help the Tamil Nadu based Law students to learn Land Laws more efficiently with respect to exam point of view.
The slides relate to ISLAMIC CONCEPT OF ACKNOWLEDGMENT. It elaborates on ACKNOWLEDGMENT BY A MUSLIM FATHER OF HIS LEGITIMATE CHILD. Useful for Law students and Professionals.
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.
Know the difference between Judgement and decree as per CPC.
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You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
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jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
Will or testament is a legal document by which a person, the testator, expresses his wishes as to how his property(ies) is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution.
Law of WILL is very important to understand so that beneficiary does not face legal complication.
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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.
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
jurisprudence topic possession detailed ppt which help to learn this topic easily by a minimum time by any person who study law. person easily download this ppt to read and to teach also.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
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This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
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1. Tulk v. moxhay
Case Analysis on Transfer of Property Act, 1882
Presented By
Abhinandan Rai
Regd. No. 1141845020
SOA National Institute of Law, Bhubaneswar
2. Background and Legislative provision
• This case is based on section 40 of the Act.
• Covenant means written agreement or contract with respect to the property.
• Restrictive covenants are such contracts which restrict the use or enjoyment
of the property.
Positive covenants v. negative covenants
• Where the transferee is required to do something on the transferred land it
is positive covenant where as, if the transferee is restrained to do certain
thing in the land it is negative covenant.
• it is only a negative covenant that may be enforced against a purchaser
from a transferee. if there is a negative covenant, and the purchaser buys
with notice of the covenant, the Court may restrain him by an injunction.
3. Section 11 v. section 40 of TP Act, 1882
• Sect 11 both positive and negative covenants
enforceable against transferee only
• Sec 40 only negative covenant and sub sequent
transferees
• Restrictive covenants are annexed to the land
and run with the land
• A transferee or subsequent who don’t have the
notice of the covenant can be saved
4. Contractual obligation annexed to ownership:
• Where a third person is entitled to the benefit of an
obligation arising out of contract and annexed to ownership
of immovable property then the obligation may be enforced
against a transferee for value with notice.
• For example, A contracts to sell Sultanpur to B. While the
contractis still in force he sells Sultanpur to C, who has
notice of the contract. B may enforce the contract against C
to the same extent as against A.
• Restrictive covenants and contractual obligations annexed
to ownership both are enforceable only where the transfer
and subsequent transfers are for value and has a notice of it
but if transfer is gratuitous then notice is not required
5. Facts
• In the year 1808 the plaintiff Tulk being the owner of
several houses in Leicester Square London sold a piece
of land to E with a covenant that E and his successor or
assignees shall keep the garden intact as an ornamental
garden and shall not construct any building in it.
• The garden is situated in the center surrounded by
several houses.
• After some times, E sold the garden to another person
and he sold it to another one and now it was sold by
Moxhay the defendant.
• M had the notice of the covenant still he attempted to
build a house on the garden.
• By enforcing the covenant, Tulk sought an injunction to
restrain M from constructing building in the garden.
6. issue
• whether the covenant be one which runs with
the land so as to be binding upon subsequent
purchasers at law?
7. Judgment
• The court held that in equity the subsequent
transferees in series were bound by the
covenant and restrained Moxhay from
constructing buildings in the garden.
• Lord Cotenham observed that since Moxhay
had notice of the covenant and since Tulk had
legitimate interest in preserving the garden, the
covenant was enforceable at equity against
Moxhay.