a. The Re-Denley Principle and Beneficiary Principle. A trust is created by a settlor or a grantor‚ transferring property to a trustee to hold in trust for stipulated purposes and may be created inter vivos or on death by will[1]. This implies that a trust is formed when a person transfers a property or rights to another person who holds it for a third party. There are many reasons why trusts are created. The most common reason is where the intended beneficiary of a right is not capable of
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‘JUDICIAL ACTIVISM UNDER THE INDIAN CONSTITUTION’ Address by Hon’ble Mr. K.G. Balakrishnan‚ Chief Justice of India (Trinity College Dublin‚ Ireland – October 14‚ 2009) Ladies and Gentlemen: I am indeed very grateful for the opportunity to speak about the evolution of judicial activism in the Indian legal system. Before I touch on the subject‚ I must of course emphasise the fact that during the framing of the Indian Constitution in the 1940’s‚ the engrafting of Directive Principles of State
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JUSTICE V. R. KRISHNA IYER AND EXPANSIVE INTERPRETATION OF FUNDAMENTAL RIGHTS AUTHORED BY:SHAILESH KUMAR‚ ROLL NO. 262‚ 9TH SEMESTER‚ 5 TH YEAR ‚ CHANAKYA NATIONAL LAW UNIVERSITY‚ NYAYA NAGAR‚ M ITHAPUR ‚ PATNA - 800001. E-MAIL ID : shailesh.baranwal@gmail.com LIST OF ABBREVIATIONS ABBREVIATION FULL FORM A.C. AIR C.J. CJI CriLJ J. LLJ p. Para pp. SC SCC UOI vol. Appealed Cases All India Reporter Chief Justice Chief Justice of India Criminal Law Journal Judge Labour Law Journal
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Drilon v De Venecia Topic: Commission on Apointments Facts: In August 2007‚ both the Senate and the House of Representatives (HOR) elected their respective representatives to the Commission on Appointments (CA). The contingent of the Senate for the CA is composed of 1 from KAMPI‚ 1 UNO‚ 3 Lakas-CMD‚ 2 PMP‚ 1 NPC‚ 1 LP‚ and 1 PRP. The contingent of HOR is 6 Lakas-CMD‚ 2 KAMPI‚ 3 NPC‚ and 1 CIBAC Party List. Because of the non representation of LP‚ who have 20 elected member at the HOR‚ to the contingent
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African Consolidated Resources Plc and Others Minister of Mines and Mining Development and Others (HC 6411/07) [2010] ZWHHC 86 (6 September 2010) Download original filesPDF format RTF format | | Bookmark/share this page | [Context] [Hide Context] HH 205-2010 HC 6411/07 IN THE HIGH COURT OF ZIMBABWE HELD AT HARARE In the matter between:- AFRICAN CONSOLIDATED RESOURCES Plc and DASHALOO INVESTMENTS (PVT) LTD and POSSESSION INVESTMENTS (PVT) LTD and HEAVY STUFF INVESTMENTS
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THE RULE OF FOSS V/S HARBOTTLE There are 2 elements present for this rule to happen. They are found in the case of Edwards v/s Halliwell. • It is the proper plaintiff in an action in respect of a wrong done to a company is prima facia the company itself. • Where the alleged wrong is a transaction which might be made binding on a company and all its members. No individual member is allowed to maintain an action in respect of that matter. This means that whenever there is a transaction within the
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------------------------------------------------- Top of Form | | MANU/SC/8083/2008Equivalent Citation: AIR2009SC84‚ JT2008(11)SC150‚ 2008(4)KLT306(SC)‚ (2009)3MLJ929(SC)‚ (2008)41OCR708‚ 2008(13)SCALE76‚ (2008)13SCC518IN THE SUPREME COURT OF INDIAWrit Petition (C) No. 369 of 2008Decided On: 29.09.2008Appellants: Baby Manji Yamada Vs. Respondent: Union of India (UOI) and Anr.Hon’ble Judges: Dr. Arijit Pasayat and Mukundakam Sharma ‚ JJ.Subject: CivilCatch WordsMentioned INActs/Rules/Orders:
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There may be :- * impartiality of judicial officer. * preliminary objections * applications as to trial * jurisdiction * defects in charge * no locus standi Impartiality of judicial officer: S439: any magistrate must preclude himself from trying a case where he has personal interest in it. Case: Mohd Ghazali Ibrahim – accused was the presiding magistrate’s brother. Magistrate discharged him. High court set aside the order and ordered a retrial before another magistrate
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SCHOOL OF POST GRADUATE STUDIES UNIVERSITY OF LAGOS‚ AKOKA FACULTY OF LAW COURSE: ADMINISTRATIVE LAW II TOPIC: OMBUDSMAN IS A LAUDABLE INSTITUTION ALTHOUGH IT HAS FAILED WOEFULLY IN NIGERIA- DISCUSS. PROGRAMME: LL.M NAME: THELMA IFEYINWA MAFUA MATRIC NO. 099061003 LECTURER: DR. AMUSA CONTENTS 1. INTRODUCTION 2. HISTORY OF THE OMBUDSMAN 3. FEATURES‚ MANDATE AND LIMITATIONS OF THE OMBUDSMAN 4. THE OMBUDSMAN INSTITUTION IN NIGERIA 5. THE
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which occurs as a natural consequence of the escape‚ and there is no requirement for intent or neglect. The rule only applies to defendants who keep “a thing which is likely to do mischief it if escapes.” As a neighbouring property‚ Bell has the locus standi to take a claim in Rylands. It can sue Chemical Supply as occupier of the premises from which the chemicals escaped. In Shell Mex v Belfast Corp the defendant corporation placed gas pipes under a road not owned by them‚ and were held liable for
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