Yasin Al Razi

  Actual delivery of possession : Actual delivery of possession refers to the physical transfer of an object from one person to another. It involves the tangible and real transfer of possession. In property law, actual delivery is often a crucial element in the transfer of ownership. It signifies a direct and immediate change in possession, indicating that the new possessor now has physical control over the object.  Constructive delivery of possession : Constructive delivery of possession is a legal concept where possession is transferred without a physical handing over of the object. Instead, symbolic actions or legal instruments are used to represent the transfer of possession. Constructive delivery recognizes that, in certain situations, the nature of the object or the circumstances may make it impractical to achieve actual delivery. Legal documents, such as deeds or contracts, are employed to symbolize the intention to transfer possession without the need for a physical tr...

Possession is a foundational concept in property law and is crucial in determining rights and responsibilities concerning tangible and sometimes intangible assets. Being a complex concept, it holds several essential elements. These elements collectively contribute to the legal understanding of possession, and their significance may vary depending on the legal system and context.   The elements of possession often include the following things: Intention: There must be an intention to possess the object, indicating a conscious and deliberate effort to exercise control over it. Physical Control: Possession typically involves physical control or custody of the object. This element is tangible and can be observed. Knowledge: The possessor should be aware of their control over the object, understanding that they can exclude others from it. Duration: Possession is not a momentary act; it implies a certain degree of continuity or duration. The possessor exercises control over time...

  ‘Precedent’ is a legal principle or rule that has been established by a court decision. It is a source of law that is binding on lower courts in the same jurisdiction. When a court decides a case, it is bound to follow the precedent set by higher courts in the same jurisdiction. Nature and authority of precedent: Precedent is not a rigid doctrine. A court can depart from precedent if it finds that the precedent is wrong or outdated. However, a court will not depart from precedent lightly. In its nature,  “A precedent is purely constitutive and in no degree abrogative” which means a precedent can not abrogate any law but it can create a rule of law.  The authority of precedent derives from its trueness. It is an established rule of law, produced in the form of a judgment by a court of law, that ought to be taken as true. Basically, the doctrine of precedent is based on the principle of stare decisis, which means “to stand by the decisions”. The doctrine of stare decisis ...

                                        Custom, in a legal context, refers to established patterns of behavior or practices that have evolved within a particular community or society and are recognized as having legal significance. Customs can pertain to various aspects of life, including social, economic, and legal norms. Origin of Custom as a Source of Law : The recognition of custom as a source of law has deep historical roots and can be traced to ancient legal systems. Customary law, also known as customary practices, developed organically within communities and served as a way to regulate behavior and resolve disputes. Over time, these customs became formalized and recognized as sources of legal rules. The following is an overview of the origin of custom as a source of law: Primitive Societies : In early human societies, customs were the primary means of regulating social interaction...

The various approaches to statutory interpretation are essential tools for judges and legal scholars to ensure that laws are applied in a manner consistent with their intended purpose and the principles of justice. The choice of the method of interpretation depends on the specific statute, its context, and the potential consequences of each approach. The following is a summary of these rules of interpretation. 1. Grammatical Interpretation : This is one of the earliest and most fundamental approaches to interpreting statutes. Historically, it is rooted in the works of legal scholars like Sir Edward Coke. Grammatical interpretation involves analyzing the text of a statute according to its plain and ordinary meaning. It emphasizes the literal interpretation of the words used in the statute, focusing on syntax and grammar. This approach is typically avoided when it leads to absurd or impractical outcomes. Courts may consider the context and purpose of the statute in such cases. 2. The...

  The concept of ‘Administration of Justice’ is a foundational element of any organized society. Its origins can be traced back to early civilizations, and its growth has been marked by the development of modern legal systems, the establishment of legal institutions, and the evolution of legal principles. The concept is necessary for resolving disputes, protecting rights, deterring misconduct, and maintaining social order and confidence in the rule of law. Definition of Administration of Justice: The administration of justice refers to the process through which laws and legal rules are applied and enforced within a society to resolve disputes, maintain order, and protect the rights and interests of individuals. It encompasses a wide range of activities and institutions, including courts, legal professionals, law enforcement agencies, and correctional facilities, all working together to uphold the rule of law and ensure that justice is served. Origin of Administration of Jus...