...About DEI * Background * Staff Organisation * Permament Secrerary's Office * Legal Department * Ethics Education * Finance and Administration IAF Resource Center Legal Department The Legal Department is the policy arm of the Directorate for Ethics and Integrity. Its main objective is to strengthen the Legal and Policy framework to fight corruption and rebuild ethics and integrity in Uganda. With regard to the coordination role, the Legal department is responsible for tracking the enforcement of anti- corruption policy and laws. This exercise is expected to ensure compliance and to enable the identification of challenges that law enforcement agencies face during enforcement and, also a mechanism to identify lacuna in the existing law and, new and emerging issues in the fight against corruption that would require new legislation. Functions of the Department * To Provide legal counsel to the directorate on matters related to the fight against corruption and ensuring ethical governance * To review existing anti- corruption legislation and policy, with a view to proposing ammendments * To identify new and emerging issues in the fight against corruption and develop new legislation or measures to address the same * To ensure compliance with anti- corruption laws and policy by monitoring their implementation * Ensuring that Uganda's legal and policy frame work is in harmony with international anti- corruption...
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...in France France uses a civil law system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). The Conseil d'État sits in the Palais Royal Many fundamental principles of French Law were laid in the Napoleonic Codes. Basic principles of the rule of law were laid in the Napoleonic Code: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen, the general rule is that of freedom, and law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, said about what should be the rule in French law: “Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality”. That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy. France does not recognize religious law, nor does it recognize religious beliefs as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in...
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...CONFIDENTIAL ALD 2013 / JULY-NOVEMBER 2010 SECTION A (20 marks) Multiple choices 1. Maniam who is 20 years old, was fully drunk when he agreed to sell his 2008 model Perdana to Sim for RM15, 000.00. Maniam can rescind the contract because A. he is illiterate B. terms of the contract are uncertain C. he was confused. D. he was of unsound mind 2. A house is put on auction by James a licensed auctioneer. The reserve price has been fixed at RM95, 000.00. Under the law of contract, James is making A. an offer B. an acceptance C. an invitation to treat D. a special offer 3. When the seller is in breach of the Contract of Sale, a number of remedies are available to the buyer. The following are the remedies EXCEPTA Damages for non-delivery of goods B Specific performance C Breach of warranty D Arrest warrant 4. The law on negotiable instruments in Malaysia is covered by the A. Hire Purchase Act 1967 B. Civil Law Act 1956 C. Employment Act 1955 D. Bills of Exchange Act 1949 1 CONFIDENTIAL ALD 2013 / JULY-NOVEMBER 2010 5. Bob sold his diamond ring worth RM10, 000.00 to Ali for RM100.00. There is a contract between them. This is an issue under: A. certainty of terms B. inadequacy of consideration C. capacity of contract D. intention to create legal relations 6. The purpose of crossing a cheque is A. to give a cheque more value B. to signify to the bank that it is a special cheque C. to prevent fraud D. to make...
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...the Republic of Kosova by investigating which are the pros and cons in their process. To compile the report, only secondary data have been used such as literature and publications taken on official websites. Public budgeting, involves in itself some other tasks that sometimes could be incompatible and may erode the ability to perform the other task. These tasks includes: setting goals and priorities, linking goals to actions, managing the economy, promoting accountability, controlling the use of public resources, promoting efficiency and effectiveness, social planning and reform, keeping the process manageable. The Kosovo budget is prepared by The Ministry of Finance in coordination with organizations, and has to be approved in the end by the Assembly of Kosova. The budget process in Kosovo is regulated by the Law on Public...
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...Srivastava Dr. R.K. Shrivastava is presently Chief Librarian at the Supreme Court of India, New Delhi. He has more than twenty-four years of experience in the field of law librarianship in India. He has a degree in Law, a Postgraduate degree in Library & Information Science and a Doctorate degree in Library & Information Science. He has been a guest faculty member in many institutions, an academic counsellor of Indira Gandhi National Open University (IGNOU) and the Rajarishi Tandon Open University, Allahabad. He has been an Honorary Principal of School of Law of Library Science, Lucknow for more than 15 years. He is a member of many professional bodies, including his service as the General Secretary of the U.P. Library Association and the Vice-President of the Indian Library Association. Due to his work in the field of law librarianship, he has been awarded by the U.P. Government. He is presently a member of the Academic Council, Hidayatullah National Law University, Raipur. He recently delivered lectures on legal research methodology in National Judicial Academy, Bhopal and Karnataka Judicial Academy, Bangalore, Academic Staff College, Jamia Milia Univesity and in Ranganathan Research Circle, New Delhi. He has published more than fifty papers on various aspects of library and information science and law, and he has presented papers in many national and international conferences. He has been invited to deliver many online lectures on library automation by the Centre...
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...SUMMARY Dato’ Hj Nik Mahmud v. BIMB (1996) * FACTS: * The plaintiff with attorney had entered into a PSA and PPA with the defendant in respect of 25 lots of land in BBA concept. * The defendant purchased the properties and resold back to the plaintiff with additional prices and charges. * The plaintiff applied for an order that the charges be declared null and void. * He also applied for the return the titles of the properties, free of all encumbrances. * ISSUES: * Whether sale of land in accordance with IB Concept of BBA contravened the Malay Reservations Enactment 1930 of Kelantan. * Whether purchase and resale of land for profit by bank contravened the Malay Reservations Enactment 1930 of Kelantan * PRINCIPLES: * Section 7(i) of the Enactment prohibits any transfer or transmission or vesting of any right or interest of a Malay. However, when the property purchase agreement was signed, the right that could be acquired by the defendant under the agreement at that point of time, the agreement being still executor, was only a right to a registrable interest which right was yet to crystallized into a registrable interest. * The contemporaneous execution of the property purchase agreement and the property purchase agreement and the property sale agreement constituted part of the process required by the Islamic banking procedure before the plaintiff could avail himself of the financial facilities provided...
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...Code of Civil Procedure Assignment II “Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.” -Siddhesh S Pradhan -241 -Division C -BBA LLB Year 4 INTRODUCTION Jurisdiction means the power or authority of a Court of law to hear and determine a cause or matter.[1] It is the power to entertain, deal with and decide a suit, an action, petition or other proceeding.[2] In Smt Ujjambai v. State of UP[3] it was stated that exclusion of jurisdiction means prevention or prohibition to the court not to entertain or try any matter though the dispute is civil in nature. Jurisdiction is a key question for the court which goes to the root of the case and decides the fate of a matter either at a preliminary stage or on merit. A division bench of the Supreme Court in Chandrabhai K. Bhoir v. Krishna A. Bhoir observed, “In any view of the matter, an order passed without jurisdiction would be a nullity. It will be a coram non judice. It is non est in the eye of law. Principles of res judicata would not apply to such cases.”[4] Thus, Jurisdiction of a Court means the extent of authority of a Court to administer justice prescribed with reference to the subject-matter, pecuniary value and local limits.[5] JURISDICTION OF CIVIL COURTS UNDER SECTION 9 of the CPC Section 9 of the Code of Civil Procedure 1908 states that, “The Court shall (subject to the provisions herein contained) have jurisdiction to try all suits of civil nature...
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...highlights the civil procedures covering property or cash obtained from unlawful conduct before a magistrates’ court, sheriff or justice of the peace. Civil forfeiture combats organised crime and relies on the legal fiction that the property, and not the owner, has disobeyed the law. As a result, conviction or even criminal charge is not placed against the owner. The powers conferred by this Act are exercisable regardless the conduct of any proceedings related to an offence in connection with the said property. Under civil recovery, properties are considered as recoverable property that is obtained through unlawful...
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...92 Singapore Academy of Law Journal (2012) 24 SAcLJ UNILATERAL CONVERSION OF A CHILD’S RELIGION AND PARENTAL RIGHTS IN MALAYSIA The issue of unilateral conversion of a child to Islam by one parent who has embraced Islam and the subsequent tussle over the custody of the child between the disputing parents in the civil court and the Syariah Court has of late ignited controversy in Malaysia. This article seeks to examine the extent of the non-Muslim parent’s right to determine the child’s religion, the impact of the unilateral conversion of the child to Islam on the parents’ custodial right in a family dispute and how the existing legal and judicial systems in Malaysia can be strategically used to achieve one’s aim. KUEK Chee Ying LLB (Hons) (University of Malaya), LLM (University of Malaya); Lecturer, Faculty of Business and Law, Multimedia University. TAY Eng Siang LLB (Hons) (University of Malaya), LLM (Distinction) (University of Malaya); Lecturer, Faculty of Business and Law, Multimedia University. I. Introduction 1 1 Malaysia is a multi-ethnic and multi-religious country. The Federal Constitution of Malaysia guarantees freedom of religion where every person is granted the right to profess and practise, and, subject to 2 3 certain restrictions, to propagate his or her religion. Though not 1 2 According to the Population and Housing Census 2010, the total population of Malaysia was 28.3 million, of which about 91.8% were...
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...| | Here is some information about the TILA and also some common violations. Do you see any of these in the Chevy Chase Case? The Truth in Lending Act (TILA) is a federal law that was created to ensure that consumers receive accurate information when they enter into credit transactions. TILA covers most consumer credit loans, including mortgages, credit cards, and home equity loans, and was designed so that the disclosures given to consumers would be consistent and standardized. This law requires a creditor to disclose certain information in writing regarding the terms of a credit transaction.There are two main types of TILA violations that can provide relief to borrowers when a creditor does not adhere to the law: violations for damages and violations that allow rescission.TILA Violations for DamagesTILA lists a number of disclosures that must be provided to the borrower and if the creditor does not do so, it will be liable to pay damages in an amount equal to the sum of the following: * Any actual damages sustained by a person as a result of the failure, and * Statutory damages up to $4,000. 15 U.S.C. §1640[a][1],[2].Material violations that are grounds for damages include, but are not limited to, improper disclosure of amount financed, finance charge, payment schedule, total of payments, annual percentage rate, and security interest disclosures. Under TILA, a creditor is considered strictly liable for any violations. This means money damages are imposed for the...
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...Performance of Organizations 14 2.5 Chapter Summary 17 CHAPTER THREE 18 3.0 RESEARCH METHODOLOGY 18 3.1 Introduction 18 3.2 Research Design 18 3.3 Population of the Study 18 3.4 Data Collection 19 3.5 The Research Procedures 19 3.6 Data Analysis 19 3.7 Chapter Summary 20 REFERENCES: 21 CHAPTER ONE 1.0 INTRODUCTION 1.1 Background of the Study Andreoli and Osibodu (2004) generally defined unclaimed property as a liability a company owes to an individual or entity when a debt or obligation remains outstanding after a specified period of time. According to Ministry of Finance (2008) quite a number of billions are held by financial institutions as unclaimed is circulating in the financial system to earn interest. On September 11th 2015 Unclaimed Financial Assets Authority (UFAA) reported to have collected 3.3billion shillings largely from banks (UFAA, 2015). Ministry of finance report (2008) showed that overall universe of unclaimed financial assets in the financial system, the corporate sector and other institutions, including utilities, may exceed KSh. 200 billion. Actuaries estimate that about 60% or more of these unclaimed assets may never be reunited with their owners or beneficiaries. Reasons behind this is lack of unification include the passage of time, death of owners, missing records, lack of asset tracking mechanisms and the absence of legal and regulatory...
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...THE SIERRA LEONE CHAPTER OF THEPUBLIC SECTOR MANAGEMENT TRAINING PROGRAMME (CLASS OF 2013) 1. DUGBA NGOMBU 12024487 2. MUSA SAIDU 12024474 3. SAMUEL SESAY 12024513 4. GIBRILLA JUSU 12024494 5. ANTHONY DOMAWA 12024476 6. HENRY TALUVA 12024496 7. DOROTHY ADEOLA 12024486 INTRODUCTION Sierra Leone is a constitutional republic with unicameral parliamentary system (GoSL, 2009). The President is the Head of State, the supreme executive authority of the Republic and the Commander-in-Chief of the Armed Forces of Sierra Leone. He is the Fountain of Honour and Justice and the symbol of national unity and sovereignty. The President is also the guardian of the Constitution and the guarantor of national independence and territorial integrity, and shall ensure respect for treaties and international agreements (GoSL, 1991). Under the constitution (1991), no person shall hold office as President for more than two terms of five years each whether or not the terms are consecutive. The legislature of Sierra Leone, the Parliament consists of the President, the Speaker and Members of Parliament (GoSL, 1991). There are 124 Members of Parliament, 112 of whom are elected by a universal adult suffrage to represent their constituencies. The 12 are Paramount Chief Representatives to Parliament who are voted for by their fellow PCs and the chiefdom councilors, each PC representing a provincial district. The MPs (not as in the case of the president)...
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... SALIENT FEATURES OF THE BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 • This Act provides for the abolition of the system of bonded labour. It freed unilaterally all the bonded labourers from bondage with simultaneous liquidation of their debts. • The Act does away with every obligation of a bonded labourer to repay any bonded debt; it also dispenses with the future liability of repaying a bonded debt. The law provides that (a) no suit or other proceedings shall be instituted in any Civil Court for the recovery of any bonded debt (b) every attachment made before the commencement of the Act for the recovery of any bonded debt shall stand vacated and (c) such movable property shall be restored to the bonded labourer. • The district and sub-divisional magistrates have been entrusted with certain duties/responsibilities towards implementation of statutory provisions. Under Section-13 of the Act, Vigilance Committees are required to be constituted at the district and sub-divisional level for implementation of the provisions of the law. They are composite bodies with representatives from different cross sections of the society and have a life of 2 years. • Registers containing the names and addresses of all freed bonded labourers, their vacation, occupation and income, details of the benefits received are required to be maintained under the Bonded Labour System (Abolition) Rules. • The Act provides for imprisonment up to 3 years and fine up to Rs.2000/- to whoever...
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...FIRST INTERNAL ASSIGNMENT TAXATION LAW SUBMITTED BY: KONIKA JAIN PRN:15010143061 All India Federation Of Tax Practioners (Petitioner) v/s Union Of India & others(Respondent) 21st August 2007 (Date Of Judgement) CITATION: (2007) 7 SCC 527 AIR 2007 SC-2990 NAME OF THE JUDGES: S.H. Kapadia & B. Sudershan Reddy FACTS: * On 1st June 1998 finance bill was introduced in which Clause 119 of the Notes sought to substitute Sec 65 ,66 and 68 and amend the Section 67 of the finance act which was related to service tax in which the tax will be levied on services rendered by a practicing chartered accountant ,cost accountant and architect to a client in professional capacity at the rate of 5% . * But on 3rd June 1998 , Bombay Chartered Accountant association made a representation to the central government objecting this bill but then also the bill was passed in August 1998 and mainly it came into force on 1st April 1998. * Then on 7th October 1998 ,Union of India issued a notification in which taxable services are exempted other than accounting and auditing and than within the period of ten days i.e on 16th October ,1998 issued another notification in which the scope of exemption was reduced. * And therefore, the All India Federation of Tax has filed a written petition in Bombay High Court challenging the validity of the levy of service tax. PROCEDURAL HISTORY: This is an appeal which was filed against the...
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...Abstract The study herein analyzes the Patient Protection and Affordable Care Act, abbreviated as PPACA. The study relies on three scholarly journal articles that assist in deepening knowledge about PPACA. The main focus of this study is to discuss the impact of this policy decision. It mainly focuses on one positive and one negative effect that this policy has in healthcare. Introduction The recently passed PPACA increases access to various health services. For instance, it increases access by citizens to health insurance coverage and expands federalism (Chaikind, 2011). For a health policy to be fully and effectively functional, it requires creation of various health insurance policies that offer small employers and individual citizens with access to health insurance. PPACA has been able to increase access to various health insurances by ensuring that Medicaid eligibility has been expanded (Chaikind, 2011). It has also enabled extending funding for insurance covers that target children and has also subsidized premiums on private insurance. More so, this government policy, also known as Obamacare, has been able to offer cost-sharing provisions for in individuals with low income. Though most of the provisions in this policy will take effect from2014, some provisions are being phased in currently and others are already in place (Chaikind, 2011). Positive Effect of PPACA: Supporting Federalism With regard to the main positive effect of PPACA on healthcare, it is a policy...
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