Notice || Transfer of Property Act, 1882|| Actual Notice and Constructive Notice||
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- Опубликовано: 5 сен 2024
- This video is based on Notice interpreted under section 3 of TPA,1882.
Case Laws covered in this video, are:
Constructive Notice
Bipin v. Priyabrata AIR 1921 Cal 730: The court observed "constructive notice is the knowledge which the courts imputed to a party upon a presumption so strong that it cannot be allowed to be rebutted that knowledge must have been communicated."
Bank of Bombay v. Sulaiman, 33 Bom1 (PC): The court held that the constructive notice with the bank and charge prevailed over the mortgage to the Bank.
Willful Abstention
Kausalsi Ammal v. Shankaramthiar AIR 1941 Mad 707: The court held that the use of the word "willful" in the interpretation shows that the abstention from inquiry should be designed and due to a desire to avoid an inquiry which would led him ultimate knowledge.
Jogendra v. Dwarkar 15 Cal 681 : A person refused to receive a registered letter sent by post, it was deemed to have constructive notice of the contents.
Gross Negligence
Hudston V. Vincy (1921) 1 ch 98
Gross negligence was presumed of so aggravated nature a to indicate an attitude of mental indifference to obvious risk. And a court of justice may treat as evidence of fraud.
Imperial Bank of India v. U. Raj Gyaw 1923 50 IA 283: It was held that purchaser was guilty of gross negligence and was deemed to have notice of the rights of the bank which had the custody of the deeds.
Actual Possession
Deniels v. Davinson (1809) 16 Ves 240 : Possession with other party must be inquired.
Notice to Agent
Mohori Bibee v. D. Gliosh (1903) 30 Cal 539: Notice to agent is notice to principal.
Raja Gokul Das v. Eastern Morgage and Agency Co., 10 C.W.N. 216: Court held that knowledge or information by a solicitor or Muktear, in any case, will bind his client.
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Agar Course of Business me agent fraud karega toh Principal Liable Hoga, Agar Course of busniess se hatt ke fraud karta hai toh agent khud liable hoga :)
You're the best teacher, ma'am
Another amazing lecture!! Thank you ma'am 🙏 also the case laws in description are extremely helpful
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Thank you Ma’am. You’ve kindly explained everything. And so clearly, at that! Thank you!
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case laws in description are extremely helpful, excellent lecture.
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Bahut accha samjhaya hai 😊thanks 🙏 Jai shri Ram
A perfect lecture, with examples based on identical case laws. Thank you🙏
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In marathi there ia quote
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Means for learning guru is must
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Awesome way to explain
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Aapke kuch uccharAn samjh nhi aate hain ,mai Hindi. Bhashi hun
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Two types of notice i.e. actual and constructive
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Principal is not liable for the fraudulent act committed by his agent
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Ma'am agar agent apni sima sa bhar nikalkar kam kar raha h to bhi principal liable nahi hoga
Principal will be held liable only for those acts for which agent has been employed and not otherwise
Mam make a quiz after every lecture
mam
Hi mam ap ni achai si batIya ,samag mi bi ay ,mam Jo condition ap ni Di uski mutavik principal ki kai jimidari nai ho Na Banti hai, ur ap si suprbat
Case law yaad Karna Pade ga k content chale ga?
Mam is this section important for judiciary?
Yes
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Madam ji transfer of property act hindi mein kaunsi kitab bahut badhia aayega????
english sub plz
V nice
Thanks maam