ASSIGNMENT 1
NAME: ANOSHA DILSHAD
MAJOR: LAW
SEMESTER: 6
SUBJECT: LAW OF PROPERTY
DATE: 3RD February 2017
QUESTION: What is transfer of property and what are the essentials of valid transfer? What may be transferred under section 6 of Transfer of Property Act 1882?
The importance of property in the lives of the people living in this materialistic world cannot be ignored. Since the beginning of time, people have had a number of disputes over properties and have lost their lives in doing so. The unsettled disputes over property have made friends, enemies of one another and families have separated just because of the countless and unsolved disputes over the property. Precious lives and years have been wasted just because there was no proper guidance for the people in the earlier days to settle their disputes. The basic purpose of law is to facilitate its citizens and not to put too many restrictions on them. With the passage of time people started working on this serious issue to find a way to deal with the property disputes.
“Thus different legislations exist that govern the transfer of title from one person to another with respect to the property depending upon the mode of conveyance. In India, the personal laws governed the transfer of property assisted by orders of Courts under Civil Procedure Code before the Transfer of Property Act, 1882 came into existence. The Indian Contract Act, 1872, regulated
Transfer of partnership interest may not be easy: In partnership, the identity changes at any time either by partner members coming out of the partnership or by joining of new partners. But in both cases, we need to dissolve the old partnership first and to create a new partnership. Any single partner can dissolve the partnership any point of time and the process of this dissolution and final assets and obligations transfer can be quite tedious. The right to be a partner cannot be assigned or transferred to another person without the unanimous consent of the other partners; the profits and losses generated by the partnership business are taxable in the hands of the individual partners.
I received a call from a customer who had dialled the 0345 number to claim benefit instead of dialling the 0800 number. The customer was furious as they had to wait in the queue and were being charged for the call. I immediately identified a problem with the 0345 number. It was allowing customers to press the relevant option to claim, consequently leading to complaints and potential compensation claims to reimburse them give for the cost of the call. To deliver a professional service and to stop the customer incurring further costs, I apologised and empathised with their situation and called them back to complete the claim.
Attached is a report I created back in December for David Banda where I included the summary report and the methodology used to identify the population. I would like to see something similar from SK with the CCS population. My data source was MIS/DSS based on foster care aid codes, the department now gets a feed directly from Department of Social Services (DSS) and I’m in the process or obtaining approvals form Dr. Scott for all my staff to have access data from DSS available in MIS/DSS
Furthermore, Section 8 of the 1897 Act placed every reserve under the control and regulations of the 1897 Act (The 1897 Act s.8). Moreover, The Governor in Council was responsible,
The author also finds out that the application of the law raises questions on the proportionality in which it is applied, particularly to petty theft cases. Because of the lack of clarity in which the law can be applied, legislatures and citizens have the right to redefine the law and its
Praneeth Tripuraneni LGST 101 Final Paper Hawaii Housing Authority v. Midkiff Supreme Court Gives Broad Power to Legislature in Determination of Public Interest Eminent domain historically is the mechanism through which the state has been able to seize private property. Within the United States so long as the property holder is paid just compensation and the seizure itself is within the public interest, the Court has taken a fairly passively role. The judicial branch grants the legislature power in determining what the ‘public interest’ truly is citing the legislature’s strength in better understanding the economic ramifications of expropriation (Hawaii Housing Authority, Supreme Court). In Hawaii Housing Authority v. Midkiff we see these positions
Restorative Justice This paper will describe what restorative justice is. Reading the story about RJ City’s case study on David and Ed breaking into Mildred’s house helped explain about restorative justice. It shows that the victim is not the only person affected by the break in. It also shows how people benefited from the restorative justice approach.
Dr.Lalvani claims that under British rule, India was modernized, giving the foundation for a government that therefore gave law and order. While this system and others were built, they were built almost entirely for British benefit and even profit. In this new government, Indians had no say in the laws being decided by the British, that were impacting them. The laws were meant to further control Indians, while the British extracted India’s wealth and flood India’s markets with textiles with the help of railroads. Wanting more and more wealth, the British logged forests to create land to grow cash crops which in the end degraded the soil making it more difficult for them to grow.
Throughout the rule of the British in India, Europeans mainly controlled the government and police force, leaving the Indians with no voice and no protection. According to Dr. Lalvani, the British established an efficient administration over 500 million people. While this was beneficial to the British, the Indians had no control over the taxations and laws that affected them (Doc. #2). Since all of these laws and taxes were targeted to help the British, India’s freedom was stolen, as shown in the Rowlatt Act, a law that allowed the government to imprison people without trial.
This reflection paper will first address the advantages of using retributive justice approach in three court-cases. Second, it will discuss the disadvantages of using retributive justice approaches by analyzing the three court-cases listed above. Third, it will elaborate on ways that the system could have used restorative justice processes in the cases, as well as present potential outcomes that could have been reached if restoration justice was taken into consideration. First, during lecture three, we talked about the notion of just deserts.
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
An issue in theoretical basis on what should prevail or which is supreme between International Law or Municipal Law (national law) is usually presented as a competition between monism and dualist. But in modern approach there is now the theory of coordination or is also called Harmonization theory that rejects the presumption of the other two theoretical concept, monism and dualism. The monist view asserts the international law’s supremacy over the municipal law even in matters within the internal or domestic jurisdiction of a state. While it is true that the international law defines the legal existence of states as well of the validity of its national legal order, the dualist asserts the international law is an existing system that is completely separated from municipal or national law. That dictates the
As the law have definite rules and abstracts, the application of such rules and structure can be ineffectively applied which requires the ultimate result to reach. In addition, such structures are difficult to be applied in every situation and thus, it is important to understand the situation and the means of structure where it can provide the complete solution to the problem. It also involves the articulation of complex facts which are also tricky to understand. Advantages – it provides the understanding to view the person as an active agent and also promotes the idea of self-responsibility. The humanistic approach also enables the professional to work on the subjective experiences of an individual.
This view is far from truth in view of the developed and changed character of international law today. It is incorrect to say that international legal system is without a court to decide international disputes. The establishment of the permanent court of international justice has rightly been reckoned as a landmark for the development of international law because though in international legal system was provided with judicial organ to resolve international disputes on the basis of judicial decisions. The greatest proof of its utility and importance is the fact that its successor, the international court of justice is based on the statute of the permanent court of international justice. It is true that the decision of international court of justice is not equivalent to that the municipal courts.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.