Transfer by Ostensible owner

Transfer of property by ostensible owner (Section 41 Transfer of Property Act 1882)Who is ostensible owner? Discuss the Law regarding transfer of property by an ostensible owner? Under what circumstances is a purchaser of immovable property from an ostensible owner protected?
Introduction: One of the general principles of Law of Transfer of Property is enunciated by the maxim that no man can transfer to another a right or title greater than what he himself possesses and he gives not who hath not. But to this general principle this Section 41 provides an exception. The principle underlying the provisions of the section is “whenever one of the two innocent persons has to suffer by the act of a third person he who has enabled the third person to occasion the loss must sustain. Therefore, if the true owner of the property permits another to hold himself out as the real owner as by entrusting him with the documents of title or in some other way, a third person who bona fide deals with that ot…

Doctrine of res subjudice

Res Subjudice Section 10 of civil procedure code
Introduction:  Section 10 of the Code of Civil Procedure deals with the principle of res sub-judice, which bars the trial of a subsequent suit in which the matter in issue is also directly and substantially in issue in the former suit between the same parties. The object of a provision of the kind is to prevent courts of concurrent jurisdiction from proceeding simultaneously with the trial of two suits on the same matter. Such trials may mean waste of public time and may result in conflicting decisions.  
MEANING OF RES SUBJUDICE:  Res means everything that may form an object of right like subject matter or a matter in controversy. Sub-judice means another consideration. It means a cause in controversy under determination of a court of law.   PRINCIPLE OF RES SUBJUDICE:The doctrine prohibits the trial of two parallel litigation in respect of the same cause of action and the same subject-matter between the same parties.

Continuous running of time

Continuous Running of Time Under Limitation Act, 1908 (Act IX of 1908)

What is Meant by Continuous Running of Time? Sec 9 of Limitation ActINTRODUCTION: Under Limitation Act 1908, where once time has begun to run, it runs continuously and without any break until the entire prescribed period has run out and no disability to sue occurring Subsequently to the commencement will stop it running.  BASIS OF SECTION 9 OF LIMITATION ACT:
This section is founded on the general principle that when once limitation has commenced to run, it will continue to do so unless it is stopped by virtue of any express statutory provisions. 
"Where one time has begun to run. no subsequent disability or inability to  sue can stop it " 
(i) Time Has Begun to Run: Generally, the time begins to run when the cause of action accrues and the true test to determine when the cause of action has accrued is to ascertai…

Periodical Record of Rights

Periodical Record of Rights Under Land Revenue Act 1967 Discuss periodical record of rights:Introduction: 
Periodical record of rights is revised edition of the record of rights. it is prepared by Patwari after every four years under the order of the collector. it provides up to date information and contains all the changes which have taken place in a estate.
Relevant provisions:  Sections 41, 42, 43 land revenue act 1967.  Periodical records of rights:  (i) The collector shall cause to be prepared by the Patwari of each estate periodically, as the board of revenue may direct, an edition of any records of rights amended in accordance with the provision of this chapter.  (ii) Such edition of the records of rights shall be called periodical record for estate, and shall comprise the statement mentioned in clause (a) of sub- section (2) of section, 39, and such other document, if any, as may be prescribed.  (iii) For the preparation of periodicals the collector shall cause to be maintained…

Case law Nusrat bhutto vs COAS 1977

Begum Nusrat Bhutto vs Chief of Army staff and Federation of Pakistan (PLD 1977 SC 657)

Pettioner's Case:A petition under Art. 184(3) of the Constitution of Mr. Zulfrqar Ali Bhutto, former Prime Minister of Pakistan, and ten other leaders of the Pakistan People’s Party under Martial Law Order No. 12 of 1977.
The petition states that Mr. Zulfrqar Ali Bhutto and the ten other leaders of the Pakistan People‘s Party were arrested in the early hours of the 17th of September, 1977 and detained in various prisons in the four Provinces of Pakistan. It is stated that on the evening of the 17th of September, 1977, the Chief of the Army Staff made a public statement, in which he leveled highly unfair and incorrect allegations against the Pakistan People’s Party Government and the detenus by way of explaining away their arrest and detention. He also indicated his intention of placing the detenus before Military Courts or Tribunals for trial so as to enforce the principle of public accountabil…

Sources of Public International Law 1

Custom and Treaty as material Sources of International law
Introduction:International law is a body of those laws governing the legal relations between nations. It has also been defined as the rules and principles of general application dealing with the conduct of nations and of international organizations and with their relations inter se, as well as with their relations with persons, whether natural or juridical. From  the Viewpoint of its sources international law is a body of consensual principles, which have evolved from customs and practices which civilized nations utilize in regulating their relationships and such customs have great moral force. Primarily, however, international customs and treaties are generally considered to be the most important sources of international law, as indicated in Article 38 of the Statute of International court of justice. Besides, there are some other sources of international law which are, mostly, indicated by international jurists. A detailed…

Alteration of memorandum of association

Alteration of memorandum of association of a corporation under company lawLegal procedure for alteration of existing memorandum of association:
1. STEPS REQUIRED FOR ALTERATION OF MEMORANDUM: The following steps are involved in the alteration of memorandum:  1. Preliminary discussion at broad meetings and company’s advisers to determine the best course to adopt and the precise nature of the desired alteration. 2. Where company’s shares are quoted on a stock exchange, ensure that the requirements of the exchange are fully and well understood and complied with. 3. Prior consultation with some of the large shareholders, creditors and the debenture-holders to ensure, so far as possible, that the proposed change will be adopted. 4. Can any matter be settled beforehand with the registrar, e.g whether a new name will meet with his approval.