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Public trustee

The Public Trustee may decline to accept any trust, but not on the ground only of the small value of the trust property; and he cannot, except under certain conditions (see Rule 7), accept a trust which

Takes or entices any guardian of such minor

out of the keeping of the lawful guardian would be sufficient to attract the section, State of Haryana v. Raja Ram, AIR 1973 SC 819 (822): (1973) 1 SCC 544: (1973) 2 SCR 728. (Penal Code, 1860, … the guardian's protection and control of the minor being available, whenever necessity arises. On plain reading of this section the consent of the minor who is taken or enticed is wholly immaterial: it is only the guardian's

Transfer of property

one or more other living persons', and 'to transfer property' is to perform such act, Dattatraya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799 (809): (1975) 2 SCR 224. In its general sense, the expression … the creation of any charge upon property. [Provincial Insolvency Act, 1920 (5 of 1920), s. 2 (1) (f)] Section 5 defined 'transfer of property' as meaning 'an Act by which a living person conveys property, in present

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Erie doctrine

it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section

jurisdiction

IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise

Being able to seek

operation of entire section which in its turn provides for discretionary power of the court, Arnab Kumar Sarkar v. Reba Mukherjee, AIR 2007 Cal 79. … Being able to seek, used in proviso to section 34 predominantly governs the operation of entire section which in its turn provides for discretionary power of the

Lawful guardian

ward is established by means which are lawful and legitimate that relationship is intended to be included, State v. Ramji Vithal Chaudhari, AIR 1958 Bom 381 (384). The words 'lawful guardian' in this section include any person … Lawful guardian, the words 'lawful guardian' in section 361 of the Penal Code are wider than the expression 'legal guardian'. That word would mean that wherever

Rule 10b-5

Rule 10b-5 [10b-5 from the section of the Securities Exchange Act of 1934 pursuant to which the rule was formulated] : a rule adopted

Colonial Attorneys Relief Acts (English)

and s. 35 enacts:- (1) A solicitor of a Superior Court in a British possession to which this section applies who has been in practice before such Court for not less than three years may- (a) on … Colonial Attorneys Relief Acts (English), 1857, 1874, and 1884 (20 & 21 Vict. c. 39, 37 & 38 Vict. c. 41, and 47 & 48 Vict. c. 24). These Acts provided

Miranda rights

an arresting officer must advise the person being arrested see also Miranda v. Arizona in the Important Cases section NOTE: A reading of the Miranda rights usually includes a warning that anything said could be used as

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