warehouse of the thing sold‚ and the contract is for goods.” 2. Shantabai v. State of Bombay – AIR 1958 SC 532 This case was a landmark case that laid down the test to determine when timber trees are standing timber and when they are immovable property. In this case‚ the petitioner filed a writ petition under Article 32 of the Constitution of India claiming that her fundamental right to cut and collect timber in the forest in question has been infringed. The
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GIFTS IN PROPERTY LAW ------------------------------------------------- Anweshaa Majumdar BA LLB 2ND YEAR 20110089 JGLS ------------------------------------------------- CONTENTS * Definition of a Gift * Essential elements of a Gift * Mode of
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The servitude pertinent to this matter is a praedial servitude‚ relating to two pieces of land‚ adjacent to each other. A paedial servitude is established over the servient property (The Trust) for the benefit of the dominant property (UCT) in perpetuity. A right of way typically confers a real right to benefit from the property of another. It affords powers of use and enjoyment to someone other than the owner. Section 63(1) of the Deeds Registry Act tells us that limited real rights are capable of
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Indemnity – s 12 1979 Act Mr S transferred some flats to Mr Chung at undervalue. Owners who are unable to pay their creditors – unjust for them to do so. Soon after the transfer Mr S was sequestrated. Trustee set about trying to recover the properties. By then there was a further transfer from Mr C to Mrs C for no value. The disposition by Mr S was voidable and since Mrs C was not a purchaser in good faith the disposition to her was voidable too. The titles were in the Land register
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The Politicization of Intellectual Property Rights Yuan Yuan Wang Senior Thesis On November 21st‚ 2011‚ the United States and China signed a intellectual property framework agreement in order to address some of the intellectual property issues that have plagued economic relations between the two countries. The agreement called for both countries to open up a constructive dialogue regarding intellectual property issues‚ as well as for the formation of a third party task
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MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY Contents MOSK GIVES US MOORE OF AN IDEA ABOUT PROPERTY 2 INTRODUCTION 3 PROPERTY DEFINITION 4 ADAPTABILITY 5 LEGISLATIVE GUIDANCE 6 ETHICS AND EQUITY 7 WEAKNESSES OR STRENGTHS? 10 POST ‘MOORE’TEM 13 CONCLUSION 14 INTRODUCTION The question of property rights in human tissue has traditionally been relevant in matters concerning dead bodies. However‚ with the rise of Biotechnology human tissue storage is increasing rapidly
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When property is taken to represent a bundle of rights at the common law‚ then the right to exclude others from the benefits of a property is the leading right of the property owner.[1] This is because only excludable resources can be propertised or have ‘property status’. That is‚ without an excludable nature‚ resources cannot be legally regarded as property.[2] Thus‚ it can be held that property ‘consists primarily in control over access’.[3] As a dynamic concept‚ the scope and nature of
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land at the time‚ but rather whether it is of a nature and at a height which may interfere with any ordinary uses of the land which the occupier may see fit to undertake” (LJP Investments v Howard Chia Investments (1989). Concept of Land •The common law meaning of the land is any area‚ of three dimensional space‚ with its position identified by natural or imaginary points located by reference to the earth’s surface: Ball‚ “The Jural Nature of Land” (1928) 23 ill LR 45 •It may be wholly above it or
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Intellectual property is known as patents‚ copyrights‚ trademarks and related interests. It undoubtedly plays a key global role in developing science and technologies. Among all the countries America have the most integrated system of IP. Recent years‚ Intellectual property law has also been put on a high value in China. This essay just gives a comprehensive study over the development of China’s Intellectual property law. Firstly‚ this essay will make a general overview of intellectual property law globally
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on the Intellectual Property Law Md. Murtaja Islam Johanjeb Tareq Lecturer‚ Department of Law‚ Southern University Bangladesh. Intellectual property has acquired an internationally recognized character. Now it is regarded to be one important sector of international law‚ having its source in various international conventions. At present‚ each and every country is trying to shape or reshape their legislature‚ relating to intellectual property; in the light of those
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