The document discusses the doctrine of ultra vires in company law. It explains that [1] the doctrine originated to limit companies to activities stated in their memorandum and protect investors and creditors, as companies could now have limited liability; [2] an ultra vires act is beyond a company's powers while an illegal act can still be intra vires; and [3] the 1875 Ashbury Railway case established that unauthorized acts are void and cannot be ratified, firmly establishing the doctrine of ultra vires.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
The document discusses key concepts related to presumption and judicial notice in Malaysian law. It defines presumption as an inference drawn from known facts, and distinguishes between presumption of law and presumption of fact. It explains different types of presumptions under Malaysian law including those that the court "may presume", "shall presume", and those that constitute "conclusive proof". It also defines judicial notice as facts that a judge will notice without proof, and provides examples of facts that courts commonly take judicial notice of, such as identities of government leaders.
The document discusses the performance of contracts for the sale of goods under Indian law. It defines delivery of goods as the voluntary transfer of possession from the seller to the buyer. Delivery can occur through actual delivery of the physical goods, symbolic delivery using signs like keys, or constructive delivery where goods are held for the buyer's benefit. The duties of buyers include accepting delivery, applying for delivery in a reasonable time, and paying for goods, while the duties of sellers include transferring ownership, appropriating goods to the contract, and delivering the correct quantities on time.
This document discusses the legal nature of administrative power in India. It begins by explaining that administrative discretion can be reviewed by courts if misused. It then discusses different grounds for abuse of discretion including improper purpose, malafide exercise, irrelevant considerations, and unreasonableness. It also discusses failure to exercise discretion properly, such as non-application of mind or acting under dictation. The document examines how fundamental rights provide judicial control over administrative discretion to prevent violations. Finally, it notes that while delegating powers is necessary, precautions must be taken to ensure powers are not misused.
The document discusses the doctrine of ultra vires in company law. It explains that [1] the doctrine originated to limit companies to activities stated in their memorandum and protect investors and creditors, as companies could now have limited liability; [2] an ultra vires act is beyond a company's powers while an illegal act can still be intra vires; and [3] the 1875 Ashbury Railway case established that unauthorized acts are void and cannot be ratified, firmly establishing the doctrine of ultra vires.
Section 13 Transfer for benefit of Unborn perosn.Bhargav Dangar
There can be no direct transfer of property to an unborn person who is not in existence, even in the mother's womb. However, property can be transferred to a child in the mother's womb. A living person can hold the property in trust until the unborn person comes into existence, at which point they will receive the full interest in the property. Only an absolute interest in the entire remaining property can be transferred to an unborn person, not a limited or life interest.
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
The document discusses key concepts related to presumption and judicial notice in Malaysian law. It defines presumption as an inference drawn from known facts, and distinguishes between presumption of law and presumption of fact. It explains different types of presumptions under Malaysian law including those that the court "may presume", "shall presume", and those that constitute "conclusive proof". It also defines judicial notice as facts that a judge will notice without proof, and provides examples of facts that courts commonly take judicial notice of, such as identities of government leaders.
The document discusses the performance of contracts for the sale of goods under Indian law. It defines delivery of goods as the voluntary transfer of possession from the seller to the buyer. Delivery can occur through actual delivery of the physical goods, symbolic delivery using signs like keys, or constructive delivery where goods are held for the buyer's benefit. The duties of buyers include accepting delivery, applying for delivery in a reasonable time, and paying for goods, while the duties of sellers include transferring ownership, appropriating goods to the contract, and delivering the correct quantities on time.
This document discusses the legal nature of administrative power in India. It begins by explaining that administrative discretion can be reviewed by courts if misused. It then discusses different grounds for abuse of discretion including improper purpose, malafide exercise, irrelevant considerations, and unreasonableness. It also discusses failure to exercise discretion properly, such as non-application of mind or acting under dictation. The document examines how fundamental rights provide judicial control over administrative discretion to prevent violations. Finally, it notes that while delegating powers is necessary, precautions must be taken to ensure powers are not misused.
This document provides an overview of natural law theory, including its origins in ancient Greek philosophy and its development through thinkers like Aquinas, Grotius, and Locke. It discusses two main types of natural law theory: a theory of morality that argues moral propositions can be objectively true or false and are derived from human nature; and a theory of law that argues there is an overlap between law and morality such that legal validity depends at least partly on moral content. The document then examines conceptual naturalism as a form of natural law theory of law, outlining classical naturalism's view that human laws are only valid if consistent with natural law, deriving authority from it. It notes criticisms of conceptual naturalism but argues these
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.
Equity in English Contract Law: the Impact of the Judicature Acts (1873–75)surrenderyourthrone
This document summarizes an article that discusses how equitable approaches to certain aspects of contract law, such as unfairness, mistake, and privity, were marginalized after the Judicature Acts of 1873–1875 unified the courts of law and equity in England. The article argues that while the Acts stated that equity should prevail over common law in cases of conflict, in practice common law judges who lacked experience in equity began to dominate the new unified court system. As a result, equitable concepts in contract law came to be viewed through a "common law mind-set" and were often relegated to a secondary status in contract law treatises written after 1875.
1. Ejusdem generis is a Latin term meaning "of the same kind" that is used to interpret loosely written statutes. When a law lists specific classes of things and then refers to them more generally, the general statements only apply to the same kind of things specifically listed.
2. The principle of ejusdem generis holds that if a statute lists specific items followed by a general term, the general term is restricted to things similar to the specific items listed.
3. The key differences between ejusdem generis and noscitur a sociis are that ejusdem generis applies when there is a list followed by a general term, while noscitur a sociis
Harbhajan singh v press council of indiaNayan Maggo
The Supreme Court summarized the key issue in interpreting Section 6(7) of the Press Council Act regarding the number of terms a member can be nominated. The Single Judge held the language was plain in allowing nomination for more than two terms, not just renomination for a second term. However, the Division Bench overruled this, finding legislative intent was to limit membership to two terms total. The Supreme Court restored the Single Judge's decision, finding no evidence to depart from the ordinary meaning of the words used in Section 6(7).
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
The document discusses various articles related to burden of proof in legal cases. It outlines that the party who alleges or asserts a claim has the burden of proving that claim with evidence. It also discusses exceptions where the burden may lie with the other party in certain cases, such as when pleading an alibi or proving facts that are within special knowledge. The document provides examples and explanations for different articles governing burden of proof for particular facts, exceptions, ownership, legitimacy, and presumptions around relationships and death.
This document outlines the key chapters and sections of the Transfer of Property Act of 1882 that are relevant for an exam. It includes an overview of the Act's chapters on preliminary concepts, transfer of property by parties, sales of immovable property, mortgages, leases, exchanges, gifts, and transfers of actionable claims. For the exam, students need to focus on sections 1-4 relating to preliminary concepts, sections 5-21 and 35-37 on transfer of property by parties, and all of sections 54-57 on sales of immovable property, totaling 28 provisions. The document then provides more detailed descriptions and explanations of the concepts covered in several of these key chapters and sections.
Presumption means accepting something as true until it is proven otherwise. There are two types of presumptions: rebuttable and irrebuttable. Rebuttable presumptions can be challenged with evidence, such as the presumption of innocence in criminal cases. Irrebuttable presumptions, also called conclusive presumptions, cannot be challenged with any additional evidence, such as the presumption that a child under 7 does not have the mental capacity to commit a crime. The Evidence Act of 1872 provides guidance on how courts should treat facts that are presumed, whether the presumption can be challenged or is conclusive.
This document discusses principles of statutory interpretation used by judges to interpret legislation. It explains that statutory interpretation is necessary when a statute contains ambiguous or vague aspects. It outlines several primary and secondary rules of interpretation used by judges, including the literal rule, mischief rule, golden rule, rule of harmonious construction, noscitur a sociis, and ejusdem generis. The literal rule involves interpreting statutes based on the ordinary meaning of the words, while the mischief rule and golden rule allow judges to consider legislative intent to prevent absurd or irrational outcomes.
The document outlines the rights and liabilities of buyers and sellers before and after the completion of a property sale. It discusses key obligations such as the seller's duty to disclose defects, provide documents, and execute a proper conveyance. It also discusses the buyer's duty to pay the price and disclose facts affecting the property's value. After completion, the seller must give possession while the buyer bears losses and pays taxes/charges. The rights of each party are also described, such as the seller's right to rents before completion and charge for unpaid price after.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
LLB LAW NOTES ON PROFESSIONAL ETHICS AND BAR BENCH RELATIONS
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
FREE LLB LAW THIRD SEM NOTES
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/
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.
1. The document discusses abatement of legacies under Islamic law, specifically comparing the rules under Sunni and Shia schools of thought.
2. Under Sunni law, if a bequest exceeds one-third of the estate, the excess is invalid and the shares of all legatees are reduced proportionately. Under Shia law, legatees named earlier in the will receive their shares first until the one-third is exhausted, with later named legatees receiving nothing.
3. Bequests for pious purposes up to one-third of the estate are generally valid under both schools, with some ordering of which purposes take precedence.
The document appears to be a term paper submitted by Md. Abdul Karim to Dr. Rehena Siddiqua at ASA University Bangladesh on the topic of the right of private defence. It includes a dedication, foreword, declaration, acknowledgements, list of cases, common abbreviations, and table of contents outlining the structure of the paper. The paper will discuss the meaning and classification of the right of private defence under Bangladeshi law, the right of private defence of body and property, and restrictions on the use of private defence.
(1) Section 157 of the Criminal Procedure Code outlines the procedure for police investigation when an officer in charge of a police station suspects that a cognizable offense has been committed. The officer must send a report to the appropriate magistrate and either proceed to investigate the matter themselves or depute a subordinate officer to do so.
(2) The officer is not required to proceed in person or depute another officer for minor, non-serious offenses or if there is insufficient ground for investigation. For rape offenses, the victim's statement must be recorded at their residence or place of choice by a woman police officer if possible.
(3) The officer must provide reasons if fully complying with the investigation procedure outlined in Section 157
This document provides an overview of natural law theory, including its origins in ancient Greek philosophy and its development through thinkers like Aquinas, Grotius, and Locke. It discusses two main types of natural law theory: a theory of morality that argues moral propositions can be objectively true or false and are derived from human nature; and a theory of law that argues there is an overlap between law and morality such that legal validity depends at least partly on moral content. The document then examines conceptual naturalism as a form of natural law theory of law, outlining classical naturalism's view that human laws are only valid if consistent with natural law, deriving authority from it. It notes criticisms of conceptual naturalism but argues these
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.
Equity in English Contract Law: the Impact of the Judicature Acts (1873–75)surrenderyourthrone
This document summarizes an article that discusses how equitable approaches to certain aspects of contract law, such as unfairness, mistake, and privity, were marginalized after the Judicature Acts of 1873–1875 unified the courts of law and equity in England. The article argues that while the Acts stated that equity should prevail over common law in cases of conflict, in practice common law judges who lacked experience in equity began to dominate the new unified court system. As a result, equitable concepts in contract law came to be viewed through a "common law mind-set" and were often relegated to a secondary status in contract law treatises written after 1875.
1. Ejusdem generis is a Latin term meaning "of the same kind" that is used to interpret loosely written statutes. When a law lists specific classes of things and then refers to them more generally, the general statements only apply to the same kind of things specifically listed.
2. The principle of ejusdem generis holds that if a statute lists specific items followed by a general term, the general term is restricted to things similar to the specific items listed.
3. The key differences between ejusdem generis and noscitur a sociis are that ejusdem generis applies when there is a list followed by a general term, while noscitur a sociis
Harbhajan singh v press council of indiaNayan Maggo
The Supreme Court summarized the key issue in interpreting Section 6(7) of the Press Council Act regarding the number of terms a member can be nominated. The Single Judge held the language was plain in allowing nomination for more than two terms, not just renomination for a second term. However, the Division Bench overruled this, finding legislative intent was to limit membership to two terms total. The Supreme Court restored the Single Judge's decision, finding no evidence to depart from the ordinary meaning of the words used in Section 6(7).
If you face any problem regarding the research then you can communicate with me and I would appreciate your comments.
E-mail: devendrasrivastava36@gmail.com
divyashreenandini@gmail.com
The document discusses various articles related to burden of proof in legal cases. It outlines that the party who alleges or asserts a claim has the burden of proving that claim with evidence. It also discusses exceptions where the burden may lie with the other party in certain cases, such as when pleading an alibi or proving facts that are within special knowledge. The document provides examples and explanations for different articles governing burden of proof for particular facts, exceptions, ownership, legitimacy, and presumptions around relationships and death.
This document outlines the key chapters and sections of the Transfer of Property Act of 1882 that are relevant for an exam. It includes an overview of the Act's chapters on preliminary concepts, transfer of property by parties, sales of immovable property, mortgages, leases, exchanges, gifts, and transfers of actionable claims. For the exam, students need to focus on sections 1-4 relating to preliminary concepts, sections 5-21 and 35-37 on transfer of property by parties, and all of sections 54-57 on sales of immovable property, totaling 28 provisions. The document then provides more detailed descriptions and explanations of the concepts covered in several of these key chapters and sections.
Presumption means accepting something as true until it is proven otherwise. There are two types of presumptions: rebuttable and irrebuttable. Rebuttable presumptions can be challenged with evidence, such as the presumption of innocence in criminal cases. Irrebuttable presumptions, also called conclusive presumptions, cannot be challenged with any additional evidence, such as the presumption that a child under 7 does not have the mental capacity to commit a crime. The Evidence Act of 1872 provides guidance on how courts should treat facts that are presumed, whether the presumption can be challenged or is conclusive.
This document discusses principles of statutory interpretation used by judges to interpret legislation. It explains that statutory interpretation is necessary when a statute contains ambiguous or vague aspects. It outlines several primary and secondary rules of interpretation used by judges, including the literal rule, mischief rule, golden rule, rule of harmonious construction, noscitur a sociis, and ejusdem generis. The literal rule involves interpreting statutes based on the ordinary meaning of the words, while the mischief rule and golden rule allow judges to consider legislative intent to prevent absurd or irrational outcomes.
The document outlines the rights and liabilities of buyers and sellers before and after the completion of a property sale. It discusses key obligations such as the seller's duty to disclose defects, provide documents, and execute a proper conveyance. It also discusses the buyer's duty to pay the price and disclose facts affecting the property's value. After completion, the seller must give possession while the buyer bears losses and pays taxes/charges. The rights of each party are also described, such as the seller's right to rents before completion and charge for unpaid price after.
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
LLB LAW NOTES ON PROFESSIONAL ETHICS AND BAR BENCH RELATIONS
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
FREE LLB LAW THIRD SEM NOTES
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/
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.
1. The document discusses abatement of legacies under Islamic law, specifically comparing the rules under Sunni and Shia schools of thought.
2. Under Sunni law, if a bequest exceeds one-third of the estate, the excess is invalid and the shares of all legatees are reduced proportionately. Under Shia law, legatees named earlier in the will receive their shares first until the one-third is exhausted, with later named legatees receiving nothing.
3. Bequests for pious purposes up to one-third of the estate are generally valid under both schools, with some ordering of which purposes take precedence.
The document appears to be a term paper submitted by Md. Abdul Karim to Dr. Rehena Siddiqua at ASA University Bangladesh on the topic of the right of private defence. It includes a dedication, foreword, declaration, acknowledgements, list of cases, common abbreviations, and table of contents outlining the structure of the paper. The paper will discuss the meaning and classification of the right of private defence under Bangladeshi law, the right of private defence of body and property, and restrictions on the use of private defence.
(1) Section 157 of the Criminal Procedure Code outlines the procedure for police investigation when an officer in charge of a police station suspects that a cognizable offense has been committed. The officer must send a report to the appropriate magistrate and either proceed to investigate the matter themselves or depute a subordinate officer to do so.
(2) The officer is not required to proceed in person or depute another officer for minor, non-serious offenses or if there is insufficient ground for investigation. For rape offenses, the victim's statement must be recorded at their residence or place of choice by a woman police officer if possible.
(3) The officer must provide reasons if fully complying with the investigation procedure outlined in Section 157
The presentation deals with the concept of Right to Default Bail laid down under Section 167 of the Code of Criminal Procedure 1973 and Section 187 of Bharatiya Nagarik Suraksha Sanhita 2023.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
A Critical Study of ICC Prosecutor's Move on GAZA WarNilendra Kumar
ICC Prosecutor Karim Khan's proposal to its judges seeking permission to prosecute Israeli leaders and Hamas commanders for crimes against the law of war has serious ramifications and calls deep scrutiny.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.