The document outlines the essential requirements for a valid property transfer, including the need for living persons as transferors or transferees, existing and transferable property, and lawful consideration. It highlights that a transfer of property typically conveys all interests held by the transferor to the transferee unless stated otherwise. Additionally, it addresses the legal framework for oral transfers, emphasizing that written contracts are necessary when stipulated by law.
Effects of acknowledgement of limitation actHinal Thakkar
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The document discusses acknowledgement under Section 18 of the Limitations Act. Some key points:
- An acknowledgement must admit liability for a debt and be in writing and signed before the limitation period expires. It renews the limitation period from the signing date.
- The writing does not need to specify the exact property or right, and can include a refusal to pay or set-off claim. It can be addressed to someone other than the entitled person.
- For an acknowledgement to be valid, it must acknowledge an existing liability and relate to a present subsisting legal relationship between the parties, even if it does not promise payment or specify the liability. The intention can be inferred from the admission.
Mortgage under transfer of property law sec 58Abhishek Sharma
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The document is a presentation on mortgages under the Transfer of Property Act, 1882, detailing the definition, essentials, types, rights, and liabilities of mortgagors and mortgagees. It covers various types of mortgages including simple mortgage, usufructuary mortgage, and others, along with concepts like sub-mortgage and puisne mortgage. Additionally, it outlines the rights of redemption for mortgagors and differentiates between mortgage and pledge.
The document discusses company shares and share capital. It defines shares, preference shares, and equity shares. Preference shares have preferential rights over equity shares in regards to dividends and capital repayment. Equity shares do not have preferences. Share capital includes authorized, issued, subscribed, paid-up, called-up, and uncalled capital. The document also discusses allotment of shares, transfer of shares, dividends, and the required contents of a prospectus.
This document presents an overview of the concept of ownership. It defines ownership according to jurists like Austin, Salmond, and Holland. Ownership comprises indefinite use, unrestricted disposition, possession, exhaustion or destruction of the owned item, and residuary and alienation rights. The subject of ownership includes material objects, wealth, and intellectual property. Ownership can be acquired originally through modes like first possession or derivation from a previous owner. There are different types of ownership like corporeal and incorporeal, sole and co-ownership, trust and beneficial ownership, legal and equitable ownership, and vested and contingent ownership. Ultimately, the concept of ownership influences societies, economics, and justice.
Gifts under the transfer of property act.Muskan Sanghi
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The document defines a 'gift' under the Transfer of Property Act as a voluntary transfer of existing property from a donor to a donee without consideration. It outlines essential elements, modes of transfer, and stipulations regarding gifts of future property, void gifts, and onerous gifts, as well as revocation conditions and exceptions such as donations mortis causa and Muslim gifts. Additionally, it provides case law examples illustrating acceptance and validity criteria for gifts.
The document discusses the concept of domicile as a legal connection between a person and a country's legal system, differentiating between civil and common law interpretations. It emphasizes that domicile is based on individual liberty and allows for a distinction between nationality and domicile, where a person may reside in one country but be domiciled in another. Furthermore, it outlines key legal principles governing domicile and provides case examples to illustrate these principles in practice.
This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
Set-off and Counter Claim in civil procedure code.pdfharmanpk1
?
The document discusses the concepts of set-off and counterclaim within the framework of civil procedure, highlighting their definitions, types, and filing requirements. Set-off allows a defendant to counter a plaintiff's claim of debt, while a counterclaim is an independent claim made by the defendant against the plaintiff. Both set-off and counterclaims must adhere to certain legal principles and are subject to the limitations set forth in the CPC.
The document provides guidance on drafting deeds. It defines a deed and its basic principles such as being clear, concise, consistent and having a coherent arrangement. It describes the typical components of a deed such as the title, dates, parties, recitals, terms and conditions, signatures. It explains different types of deeds like sale deeds, lease deeds and partnership deeds. It provides details on standard clauses included in deeds around dispute resolution, governing law and modifications. Overall, the document serves as a reference for properly drafting different types of legal deeds.
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 Salmond and Paton's views on the concept of possession. Some key points:
- Salmond said possession is one of the most difficult legal concepts and that possession confers ownership rights in many cases. He distinguished possession in fact from possession in law.
- Paton said Salmond's distinction between mediate and immediate possession is unnecessary for English law. Bailees and tenants have full possession.
- Holmes criticized Savigny and German theorists for only knowing Roman law and argued Anglo-American possession law derives from German law. He said a theory must fit facts and legislation, not defy convenience.
The Hague Convention on Intercountry Adoption is an international agreement between countries to establish best practices for intercountry adoptions. It aims to consider the best interests of children and prevent exploitation. Each country designates a Central Authority to facilitate accurate information sharing. The U.S. State Department is the Central Authority and making the U.S. compliant is a top priority. The Convention was completed in 1993 and the U.S. ratified it in 2007, requiring accredited adoption agencies for adoptions between the U.S. and other signatories starting in 2008.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The document discusses the definition and scope of international law, emphasizing that it consists of principles and rules observed by states in their interactions. It critiques Austin's view that international law is merely 'positive international morality' and affirms the existence of an international community, rules, and enforcement mechanisms that establish its legal status. Additionally, it outlines the sources of international law and contrasts it with municipal law, highlighting various schools of thought on their relationship.
This document summarizes key aspects of appeals under the Code of Civil Procedure (CPC) in India. It notes that:
1) The CPC does not define "appeal" but it is generally understood to be an application to a higher court asking to reverse a lower court's decision.
2) Section 96 of the CPC governs appeals from decrees of courts exercising original jurisdiction, except for appeals from High Court original side decrees which are governed by Letters Patent.
3) An appeal is allowed against any decree from a court of original jurisdiction, including ex-parte decrees, but not consent decrees. No appeal is allowed for petty cases unless a question of law arises.
This document summarizes the Hindu Gains of Learning Act of 1930 in India. The act aims to remove doubts about a Hindu undivided family member's right to property acquired through their education or learning. Key points of the act include: defining acquirer as a family member who gains property through learning, gains of learning as property acquired through education, and learning as any type of education or training. Most importantly, the act states that no gains of learning shall be considered not the exclusive property of the acquirer just because their education was supported by family funds or imparted by a family member.
The doctrine of lis pendens prevents parties involved in a pending lawsuit over a property from transferring that property to another party. This stems from the Latin maxim "ut lite pendente nihil innovetur," meaning nothing new should be introduced during a pending case. Section 52 of the Transfer of Property Act codifies this doctrine in India, stating that a pending suit over immovable property prevents either party from transferring their rights to a third party in a way that affects the opposing party's rights. The court has some discretion to allow a transfer subject to terms it deems fit to impose.
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 discusses the introduction and sources of Hindu law, emphasizing its recognition as personal law under the constitution. It categorizes the sources into ancient, including Shruti and Smriti texts, customs, and modern sources such as justice, equity, good conscience, legislations, and precedents. The development and significance of these sources in shaping Hindu law are also highlighted.
1935_Sources of Law - jurisprudence.pptxMananArora64
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Sources of law can be classified in several ways. Salmond classified sources of law as either formal or material. Formal sources are those from which rules derive force and validity, like statutes and court decisions. Material sources are those from which the matter or content of law is derived, including historical sources like writings of jurists and foreign judgments, and legal sources like legislation, precedent, customs, and conventions. Keeton classified sources as either binding like legislation and precedent, or persuasive like principles of equity and writings of jurists. Sources of law may also serve as sources of rights, though not all sources of law are sources of rights.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
The document provides an overview of the Legal Services Authority Act of 1987 in India. It discusses the establishment of the National Legal Services Authority (NALSA) to provide legal aid to eligible citizens. Key points include:
1) NALSA oversees state-level legal services authorities that operate Lok Adalats, or people's courts, to settle disputes through conciliation and compromise rather than litigation.
2) The 2002 amendment established permanent Lok Adalats to expedite resolution for cases involving public utilities and settle matters at the pre-litigation stage.
3) Lok Adalats aim to provide speedy and low-cost justice, reduce case backlogs, and maintain cordial community relations through conc
Custom is considered the oldest form of law making and an important source of law. In primitive societies, people's lives were regulated by customs that developed according to circumstances. Some jurists believe customs originated from common practices that became necessary over time through repetition and imitation. Customs are divided into those with legal sanction and those without. For a custom to be valid as law, it must be reasonable, consistent, compulsory, continuous over time, and certain.
Code of Civil Procedure1908 Pleading Plaint & Written statementKeshva Nand
?
The document outlines the principles of pleading under the Code of Civil Procedure, 1908, detailing the definitions, objectives, and specific rules governing the process. Key elements include the requirements for plaints and written statements, conditions for amendments, and explanations of set-off and counterclaims. It emphasizes concise material facts over evidence, proper structuring, and necessary details to ensure clarity and efficiency in litigation.
This document discusses the concept and object of limitation under Indian law. It defines limitation as a prescribed time limit for legal actions according to statute. The main objects of limitation are to prevent long dormant claims, protect defendants who may have lost evidence, and encourage prompt filing of claims. Limitation periods are intended to limit controversies to a fixed time period. The Limitation Act 1963 in India contains provisions for limitation periods for suits, appeals, and other applications. Court decisions have found that the object of limitation is to prevent disturbance of long enjoyment and to discourage stale claims. Important limitation periods outlined include 6 years for contracts and torts, and 12 years for contracts under seal or recovery of land.
confidentiality agreement and non-disclosre agreement, practical implication of covenant not to disclose signed by employees. Korean law and practice on CA and NDA and covenant not to compete.
This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
Set-off and Counter Claim in civil procedure code.pdfharmanpk1
?
The document discusses the concepts of set-off and counterclaim within the framework of civil procedure, highlighting their definitions, types, and filing requirements. Set-off allows a defendant to counter a plaintiff's claim of debt, while a counterclaim is an independent claim made by the defendant against the plaintiff. Both set-off and counterclaims must adhere to certain legal principles and are subject to the limitations set forth in the CPC.
The document provides guidance on drafting deeds. It defines a deed and its basic principles such as being clear, concise, consistent and having a coherent arrangement. It describes the typical components of a deed such as the title, dates, parties, recitals, terms and conditions, signatures. It explains different types of deeds like sale deeds, lease deeds and partnership deeds. It provides details on standard clauses included in deeds around dispute resolution, governing law and modifications. Overall, the document serves as a reference for properly drafting different types of legal deeds.
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 Salmond and Paton's views on the concept of possession. Some key points:
- Salmond said possession is one of the most difficult legal concepts and that possession confers ownership rights in many cases. He distinguished possession in fact from possession in law.
- Paton said Salmond's distinction between mediate and immediate possession is unnecessary for English law. Bailees and tenants have full possession.
- Holmes criticized Savigny and German theorists for only knowing Roman law and argued Anglo-American possession law derives from German law. He said a theory must fit facts and legislation, not defy convenience.
The Hague Convention on Intercountry Adoption is an international agreement between countries to establish best practices for intercountry adoptions. It aims to consider the best interests of children and prevent exploitation. Each country designates a Central Authority to facilitate accurate information sharing. The U.S. State Department is the Central Authority and making the U.S. compliant is a top priority. The Convention was completed in 1993 and the U.S. ratified it in 2007, requiring accredited adoption agencies for adoptions between the U.S. and other signatories starting in 2008.
This document discusses parties to a suit under the Code of Civil Procedure 1908 in India. It defines plaintiff and defendant, and discusses rules around joinder, nonjoinder, and misjoinder of parties. It explains that a plaintiff is the person filing a suit to enforce a legal right, while a defendant is the person being sued. Multiple plaintiffs and defendants can be joined in one suit if there is a common issue. One person may also represent a group in a representative suit under certain conditions, such as numerous parties sharing a common interest.
The document discusses the definition and scope of international law, emphasizing that it consists of principles and rules observed by states in their interactions. It critiques Austin's view that international law is merely 'positive international morality' and affirms the existence of an international community, rules, and enforcement mechanisms that establish its legal status. Additionally, it outlines the sources of international law and contrasts it with municipal law, highlighting various schools of thought on their relationship.
This document summarizes key aspects of appeals under the Code of Civil Procedure (CPC) in India. It notes that:
1) The CPC does not define "appeal" but it is generally understood to be an application to a higher court asking to reverse a lower court's decision.
2) Section 96 of the CPC governs appeals from decrees of courts exercising original jurisdiction, except for appeals from High Court original side decrees which are governed by Letters Patent.
3) An appeal is allowed against any decree from a court of original jurisdiction, including ex-parte decrees, but not consent decrees. No appeal is allowed for petty cases unless a question of law arises.
This document summarizes the Hindu Gains of Learning Act of 1930 in India. The act aims to remove doubts about a Hindu undivided family member's right to property acquired through their education or learning. Key points of the act include: defining acquirer as a family member who gains property through learning, gains of learning as property acquired through education, and learning as any type of education or training. Most importantly, the act states that no gains of learning shall be considered not the exclusive property of the acquirer just because their education was supported by family funds or imparted by a family member.
The doctrine of lis pendens prevents parties involved in a pending lawsuit over a property from transferring that property to another party. This stems from the Latin maxim "ut lite pendente nihil innovetur," meaning nothing new should be introduced during a pending case. Section 52 of the Transfer of Property Act codifies this doctrine in India, stating that a pending suit over immovable property prevents either party from transferring their rights to a third party in a way that affects the opposing party's rights. The court has some discretion to allow a transfer subject to terms it deems fit to impose.
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 discusses the introduction and sources of Hindu law, emphasizing its recognition as personal law under the constitution. It categorizes the sources into ancient, including Shruti and Smriti texts, customs, and modern sources such as justice, equity, good conscience, legislations, and precedents. The development and significance of these sources in shaping Hindu law are also highlighted.
1935_Sources of Law - jurisprudence.pptxMananArora64
?
Sources of law can be classified in several ways. Salmond classified sources of law as either formal or material. Formal sources are those from which rules derive force and validity, like statutes and court decisions. Material sources are those from which the matter or content of law is derived, including historical sources like writings of jurists and foreign judgments, and legal sources like legislation, precedent, customs, and conventions. Keeton classified sources as either binding like legislation and precedent, or persuasive like principles of equity and writings of jurists. Sources of law may also serve as sources of rights, though not all sources of law are sources of rights.
The document discusses key concepts and terminology related to civil procedure in India according to the Civil Procedure Code of 1908. It defines important legal terms like cause of action, judgement, decree, jurisdiction, res judicata, and discovery. It also outlines the various stages of civil proceedings, including institution of a suit, appearance of parties, remedies, and discovery processes.
This document provides information about Vinod Kothari Consultants Private Limited, an Indian law firm with offices in Kolkata, New Delhi, and Mumbai. It lists contact details for the firm's offices and key personnel. The document then provides a brief overview of arbitration and alternative dispute resolution, the history of arbitration law in India, key definitions related to arbitration, and the structure of the Arbitration and Conciliation Act, 1996.
The document provides an overview of the Legal Services Authority Act of 1987 in India. It discusses the establishment of the National Legal Services Authority (NALSA) to provide legal aid to eligible citizens. Key points include:
1) NALSA oversees state-level legal services authorities that operate Lok Adalats, or people's courts, to settle disputes through conciliation and compromise rather than litigation.
2) The 2002 amendment established permanent Lok Adalats to expedite resolution for cases involving public utilities and settle matters at the pre-litigation stage.
3) Lok Adalats aim to provide speedy and low-cost justice, reduce case backlogs, and maintain cordial community relations through conc
Custom is considered the oldest form of law making and an important source of law. In primitive societies, people's lives were regulated by customs that developed according to circumstances. Some jurists believe customs originated from common practices that became necessary over time through repetition and imitation. Customs are divided into those with legal sanction and those without. For a custom to be valid as law, it must be reasonable, consistent, compulsory, continuous over time, and certain.
Code of Civil Procedure1908 Pleading Plaint & Written statementKeshva Nand
?
The document outlines the principles of pleading under the Code of Civil Procedure, 1908, detailing the definitions, objectives, and specific rules governing the process. Key elements include the requirements for plaints and written statements, conditions for amendments, and explanations of set-off and counterclaims. It emphasizes concise material facts over evidence, proper structuring, and necessary details to ensure clarity and efficiency in litigation.
This document discusses the concept and object of limitation under Indian law. It defines limitation as a prescribed time limit for legal actions according to statute. The main objects of limitation are to prevent long dormant claims, protect defendants who may have lost evidence, and encourage prompt filing of claims. Limitation periods are intended to limit controversies to a fixed time period. The Limitation Act 1963 in India contains provisions for limitation periods for suits, appeals, and other applications. Court decisions have found that the object of limitation is to prevent disturbance of long enjoyment and to discourage stale claims. Important limitation periods outlined include 6 years for contracts and torts, and 12 years for contracts under seal or recovery of land.
confidentiality agreement and non-disclosre agreement, practical implication of covenant not to disclose signed by employees. Korean law and practice on CA and NDA and covenant not to compete.
Tradesecret protection in Korea. Technical measures to monitor outflows of trade secrets from a compnay and legal issues related to such a motinoring emails, websites. Protection of employee's privacy and cases.
R&D practice and fund regulation in Korea. Recent developments in law and practice regarding Korean government regulation on budget supporting R&D activities.
R&D practice and regulation in Korea. In case a company or a researcj insititute spent granted research fund to other uses rather than contracted R&D project, the company or research institute shall be sanctioned. Sildes include cases and practical tips.