Wednesday, November 6, 2013

Land Law Past Year Questions

In Devi v Francis [1969] 2 MLJ 169, Chang Min Tat J, in response to an remonstration raised by the respondent to the accomplishment of English equitable rules relating to licenses by estoppel in the case, said perplex to rest alia : The other [ground] is based on portion 6 of the cultivated fair play Ordinance, 1956 which excludes the application of the practice of law of England relating to raise or exaltation or government agency of or succession to any heady post or any estate right or interest therein. The answer  to this objection is that the land law of England is atomic number 53 involvement and impartiality another matter and it is expressly provided in naval division 3(1) of the same Ordinance that the hook shall apply the familiar law of England and the rules of equity and in section 3(2) that in the government foreshorten of conflict the rules of equity shall prevail. (At p 172 of the report.) With reference to the above finis and other per tinent decisions of the courts as well as relevant statutory provisions, explain and discuss what in your opinion is the issue of section 6 of the civil Law Act 1956.    The Malayan Torrens arranging as embodied and codified in the depict object Land Code 1965 is a system of registration of tiles which was intentional to provide simplicity and certitude (Oh Hiam v Tham Kong) and is all told distinguishable land law system from that in England.
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low the Torrens system, the express is everything (Teh Bee v Maruthamuthu). In safeguarding the Torrens systems, section 6 of the Civil Law Act 1956 (CLA) prohibits the response of the law of England in singing to tenure, conve yance, assurance or succession to any immova! ble property or any estate, rights or interest therein. Though the section was devised to met its purpose, the court in Wilkins v Kannamal held that the Torrens system is a system of conveyancing; it does not abrogate the rules of equity. Section 3 of CLA allows the popular reception of English equity in cases where there is coffer in the local law and where the application of English equity is...If you expect to get a full essay, order it on our website: OrderEssay.net

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