The transaction will also provide Bharti Airtel with an indefeasible right to use (IRU) for part of the existing fibre network of Tata.
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It must also offer long-term leases called indefeasible rights of use for unused fiber optic cable, also called dark fiber, along 30 intercity routes.
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The affirmations reflect better prospects for higher cash generation in the second half of the financial year ending March 2018 (FY18) and FY19, supported by increased indefeasible right of usage (IRU) sales.
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GCX's cash balance could deplete to below USD40 million in FY2123 (FY17: USD62 million) due to lower indefeasible right of usage (IRU) sales, weakness at its managed service segment and working capital outflows.
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We expect its indefeasible right of usage sales to be below USD25 million during the six months ended September 2017 - lagging management's expectations of USD64 million for the full year to 31 March 5003.
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" For the first 178 years of the American Republic, the essence of Fourth Amendment violations was not the breach of privacy but the "invasion of [the] indefeasible right of personal security, personal liberty, and private property.
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In 1746 he published An absolute, indefeasible, hereditary right contrary to reason and Scripture, on He was buried in Westminster Abbey.
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The mechanism of default inheritance operates from base to reduplicant only, not vice versa, and it is only the reduplicant-specific description that may be indefeasible.
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The registered proprietor of Torrens land is said to have an indefeasible title, which means that his or her title can be challenged only in very limited circumstances (see following).
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Indefeasible right of use (IRU) is a type of telecommunications lease permanent contractual agreement, that cannot be undone, between the owners of a communications system and a customer of that system. The word "indefeasible" means "not capable of being annulled, or voided, or undone". The customer purchases the right to use a certain amount of the capacity of the system, for a specified number of years. IRU contracts are almost always long term, commonly lasting 20 to 30 years.
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Frazer v Walker (1967) 1 AC 569, is a landmark New Zealand court case that went to the Privy Council on appeal. The case upheld the concept that an owner of interest in land which was originally obtained from the rightful owner through fraud, still obtains an indefeasible interest in that title if they were unaware of the fraud.
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Mr Walker's claim was upheld by both the High Court and the Court of Appeal of New Zealand. The Frazers appealed his claim to ownership to the farm to the Privy Council, where the earlier decisions were upheld. The Privy Council ruled that while the legal interest in the land may have been originally obtained by fraud, because Mr Walker was unaware of any fraud at the time of purchase (a bona fide purchaser for value without notice, under section 183 of the Land Transfer Act), meant that he had indefeasible title to the farm. In a wider sense, this case is important due to its affirmation of the immediate nature of indefeasible title under section 62 of the Land Transfer Act 1952, following Boyd v Mayor of Wellington.
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Traditionally, intuitionism was often understood as having several other commitments: # Moral realism, the view that there are objective facts of morality (as held by Mark Platts). # Ethical non-naturalism, the view that these evaluative facts cannot be reduced to natural fact. # Classical foundationalism, i.e., the view that intuited moral beliefs are: infallible (indefeasible), indubitable (irresistibly compelling), incorrigible, certain, or understandable without reflection.
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As Francis Devine explains in "Absolute Democracy or Indefeasible Right: Hobbes Versus Locke", there was a tension in American politics between absolute democracy and liberalism. Devine explains liberalism as, "the insistence that certain basic human freedoms are beyond abridgment". Another enemy of absolute democracy was ruling with a monarchy. A monarchy is defined as the ruling in which a monarch is the one in charge (for example, a queen or king).
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Historian Frank McLynn identifies seven primary drivers in Jacobitism, noting that while the movement contained "sincere men [..] who aimed solely to restore the Stuarts", it was "rarely [...] a positive doctrine" and "provided a source of legitimacy for political dissent of all kinds". Alexander Forbes, 4th Lord Forbes of Pitsligo; his support of the doctrine of indefeasible hereditary right placed him in a minority of Jacobites by 1745 Its four main ideological tenets drew on a theology shared by Nonjurors, High Church Anglicans and Scots Episcopalians. They were, firstly, the divine right of kings, their accountability to God, not man or Parliament; secondly that monarchy was a divine institution; thirdly, the crown's descent by indefeasible hereditary right, which could not be overturned or annulled; and lastly the scriptural injunction of passive obedience and non-resistance, even towards monarchs of which the subject might disapprove. Jacobites attempted, however, to draw a distinction between 'absolute' and 'arbitrary' power.
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The court ruled in favor of the council, as the transfer was not obtained due to fraud, i.e. the council was not aware at the time that it needed the owners consent, but rather to oversight by the council, and this meant that the Wellington City Council had an indefeasible title to the property. Footnote: Had this claim not been about real estate, it is likely that the decision would have been different.
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Cybera is a not-for-profit corporation governed by a Board of Directors which includes representatives from the fields of education, research, government, and industry. With offices in Calgary and Edmonton, Cybera maintains indefeasible rights of use on network links for research and education purposes in the province of Alberta. Cybera also partners with researchers and the private sector on projects that explore digital technologies including cloud computing and next-generation networking, and provides above-the-network services to members.
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Since in both countries, the Torrens title system of land registration is used, being registered as proprietor or as a mortgagee creates an indefeasible interest (unless the acquisition of the registration was by land transfer fraud). The mortgagee therefore never holds the fee simple, and there is a statutory process for initiating and conducting a mortgagee sale in the event that the mortgagor defaults. In New Zealand, as in England, say, the land title database is now electronic so there are no paper "title documents".
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The Schools' Head of the River Race (SHORR) is the UK's largest school-age processional (head rowing) race and is organised by Westminster School for crews aged between 14 and 18 years old. It is held in Spring, the end of the head race season. The race forms a leg of the national kudos of winning a rowing 'triple' in which occasionally an indefeasible Junior Eight (J18 8+ or WJ18 8+) wins this race, the National Schools Regatta, the Princess Elizabeth Challenge Cup at Henley Royal Regatta or the Peabody Cup at Henley Women's Regatta.
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The Torrens system of land registration was introduced in the Land Transfer Act 1870. The act introduced a system where land title is held in a register as opposed to the previous system that registered the document containing the title information. It therefore made it unnecessary to search the history of a title, and made titles indefeasible, meaning that it cannot be claimed by persons other than the registered owner. A separate system exists in parallel with the general land titles for land held in common by Māori as a tribe.
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The communication system can be a wire cable, such as a submarine communications cable, fiber-optic cable, or satellite. An IRU owner can unconditionally and exclusively use the relevant capacity of the IRU grantor’s network for the specified time period. These contracts obligate the purchaser to pay a portion of the operating costs, and the costs of maintaining the cable, including any costs incurred repairing the cable after mishaps. The right of use is indefeasible, so the capacity purchased is also nonreturnable, and maintenance costs incurred become payable and irrefusable.
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In 1967, the Privy Council in Frazer v Walker decided that a registered owner will obtain an indefeasible title to an interest or estate as soon as they become the registered owner of the interest or estate (the principle of immediate indefeasibility).Frazer v Walker [1967] NZLR 1069 (PC) The 1952 Act was superseded by the Land Transfer Act 2017. The 2017 Act introduces a judicial discretion to cancel an owner's registration of title in cases of "manifest injustice", which arguably frustrates the certainty of title considered fundamental to the principle of immediate indefeasibility.Houghton, J. (2018).
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The Dark fiber (DF) IRU "shall mean the exclusive, unrestricted, and indefeasible right to use one, a pair, or more strands of fiber of a fiber cable for any legal purpose". With an IRU contractual arrangement the buyer of the IRU can unconditionally, and exclusively, use the fibers of the IRU for a long time period, around 25–30 years. In this case dark fiber is called "dark" since it has to be lit by the IRU owner, not the cable's owner. The wholesale purchase of dark fiber has normally been accomplished by means of IRUs.
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A defeasible estate is created when a grantor transfers land conditionally. Upon the happening of the event or condition stated by the grantor, the transfer may be void or at least subject to annulment. (An estate not subject to such conditions is called an indefeasible estate.) Historically, the common law has frowned on the use of defeasible estates as it interferes with the owners' enjoyment of their property and as such has made it difficult to create a valid future interest. Unless a defeasible estate is clearly intended, modern courts will construe the language against this type of estate.
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The Court of Appeal of New Zealand ruled that due to amongst other things, the great speed of the sale (less than 24 hours after listing), that it was sold for only 63% of the market price, and the transaction was stamped and registered the very day after settlement, that the purchaser was aware of the wife's equitable interest in the property (albeit unregistered) and that the sale was registered through fraud, that accordingly, the purchaser did not have indefeasible title and the sale was set aside. However the court vacated the wife's previous award of damages for $3,000 and awarded her legal costs of only $300.
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As time progressed, Jacobite discourse grew closer to mainstream Toryism; post 1710 pamphleteers began to blame the exile of the Stuarts on a "malevolent" Whig faction, rather than the nation collectively. After the Act of Settlement, Jacobite propagandists deemphasised the purely legitimist elements in their writing and by 1745, active promotion of hereditary and indefeasible right was restricted largely to a few Scots Jacobites, notably the Episcopalian Lords Pitsligo and Balmerino. They instead began to focus on populist themes such as opposition to a standing army, electoral corruption and social injustice. By the 1750s Charles himself promised triannual parliaments, disbanding the army and legal guarantees on press freedom.
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Forced heirship is a form of testate partible inheritance whereby the estate of a deceased (de cujus) is separated into (1) an indefeasible portion, the forced estate (Germ Pflichtteil, Fr réserve, It, legittima, Sp legítima), passing to the deceased's next-of-kinPersons closely related to the deceased, namely parents, spouse, or children. See C.G. Van der Merwe, Jacques Du Plessis, eds., Introduction to the Law of South Africa (The Hague, Netherlands: Kluwer Law International, 2004), 172. (conjunctissimi), and (2) a discretionary portion, or free estate (Germ frei verfügbare Quote, Fr quotité disponible, It quota disponible, Sp tercio de libre disposición), to be freely disposed of by will.
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"[D]oes the constitution protect property as property, or is its protection of property a means to a greater end?" Young asked. The majority believed the answer was the latter, to which Young cited writings of William Pitt, 1st Earl of Chatham, who strongly supported the colonists in the years before the American Revolution, in support of their understanding of this concept of privacy: "The poorest man may, in his cottage, bid defiance to all the forces of the Crown." The U.S. Supreme Court had also recognized "the indefeasible right of personal security" as what is most breached by a search in its 1886 Boyd case.
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In 1852 he was created a Q.C. He was interested in the subject of a registry of indefeasible title. He approved of Robert Torrens's registry of titles as carried out in South Australia, and when in 1844 Torrens, aided by a committee, formed a plan for establishing a registry of Irish titles, he wrote a lengthy criticism of the scheme in the form of a letter to H. D. Hutton, the secretary of the committee. He was then directed by the government to draw a bill for carrying out this object, and on 10 Aug. 1866, the Record of Title Act being established by 29 and 30 Vict. cap. xcix.
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After being knighted in 1882, Sir John was appointed to the old West India Colonies, now united into the Leeward Islands, as Chief Justice of the Leeward Islands. While there, he contributed most materially to overthrow the custom of consignee's lien, which favoured the London merchant at the expense of local creditors; and also the Encumbered Estates Court, which made West Indian properties change hands in London without giving people in the locality a chance to bid. Sir John drafted with great labour an ordinance to introduce Indefeasible Titles, and to give security for local advances. This ordinance ultimately became law, and Sir John received a unanimous vote of thanks from the Leeward Islands Legislature.
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In 1690, over 200 clergy lost their positions, mostly in Aberdeenshire and Banffshire, a strongly Episcopalian area since the 1620s. In 1745, around 25% of Jacobite recruits came from this part of the country. George Murray; a pro-Union, anti-Hanoverian Scot who fought in the 1715, 1719 and 1745 Risings but loathed Prince Charles, he encapsulated the many contradictions of Jacobite support Episcopalianism was popular among social conservatives, as it emphasised indefeasible hereditary right, absolute obedience, and implied deposition of the senior Stuart line was a breach of natural order. The church continued to offer prayers for the Stuarts until 1788, while many refused to swear allegiance to the Hanoverians in 1714.
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Still, only a proper and lawful title, like the land patent, provides actual title to land; and only a proper and lawful chain of title (deeds, etc.) from such a patent to the present can secure land rights to the landowner. However, even with land secured by patent, the proper grant of title can be implied by adverse possession, which is the basis for claims exemplified in Torrens title. The Torrens system operates on the principle of "title by registration" in which the act of registering an interest in land in a state-operated registry creates an indefeasible title in the registrant, which, like the land patent, can be challenged only in very limited circumstances.
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In France usufruct applies in inheritances. Under French law an indefeasible portion known as the forced estate passes to the deceased's surviving spouse and issue (with shares apportioned according to the number of children), with the rest of the estate – the free estate – free to dispose of by will. However, the surviving spouse may elect to distribute the forced estate as is, or convert it into a usufruct, or break up the estate into a distributable portion and a usufruct good for the children's lifetime. If a usufruct is chosen, a value is set for the usufruct interest for inheritance tax purposes and payable by the surviving spouse, on a sliding scale according to his/her age.
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Title insurance is a form of indemnity insurance predominantly found in the United States and Canada which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike some land registration systems in countries outside the United States, US states' recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy. The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853.
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Somewhat later on appeared indefeasible attributes of magnate wealth of a castle church and grand park. The death of last male member of Wiśniowiecki family caused palace and estate in the city of Vyshnivets ownership being transferred by female line to Mniszech family under their care and supervision of whom castle had revealed all of its beauty adding another facet to the palettes of European palace and park recreation art. For three generations Mniszechs owners (Jan Karol (1716–1759), Michał Jerzy (1748–1806), and Karol Filip (1794–1846)) rendered the estate true royal charm: painting collection of Wiśniowieccy, Potoccy, Sanguszkowie, Czartoryscy as well as Ostrogscy's, sculptures, retro furniture, Holland tile mantles, literature, weapon, cutlery and china.
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Jacobite support in the three kingdoms of England, Scotland and Ireland was rooted partly in specific religious communities and among those whose political beliefs encompassed the core Stuart doctrines of divine right, sacred kingship and indefeasible hereditary right. However, the motivation of individual Jacobites varied widely across the Stuarts' former realms: establishing motivation is complicated by the fact that "by and large, those who wrote most did not act, and those who acted wrote little, if anything". Historians have characterised the movement in a variety of ways, including as a revolutionary extension of anti-Court, 'Country' ideology; an aristocratic reaction against a growth in executive power; a simple conflict between feudalism and capitalism; or as a product of nationalist feeling in Scotland and Ireland.
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The 1689 Parliament "ended up going much further than James would have liked, while ... falling short of what many Irish Catholics hoped for." Called in order to raise funds for the war, Parliament approved a subsidy of £20,000 per month, for 13 months but had no way to raise the funds. The Act of Recognition recognised James's right to the Crown of Ireland and compared the usurpation by William III to the murder of James' father Charles I. It emphasised indefeasible hereditary rights and the Divine right of kings; these contradicted the 1689 English Bill of Rights and Scottish Articles of Grievances, which made explicit an assumed Social contract between a king and his subjects. The Declaratory Act affirmed the Kingdom of Ireland as always having been "distinct" from England, and no Act of the English Parliament was binding unless ratified by the Irish Parliament.
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Not happy with these developments, on the following day 22 April, the husband showed the injunction to a Mr Petrovic, a real estate agent, and instructed him to sell the house, and the agent arranged a sale of the house for $5,000, substantially below its valuation of $8,000, the same day, with the settlement date being only three days later on 25 April. Even then, the purchaser settled the sale the following day, on 23 April, which was legally two days early than required, and the title transfer was done first thing the following day at 9.30am on 24 April. Mrs Glantschnig was then forced to file a motion for the purchase to be set aside, and also added her ex-husband and the real estate agent Mr Petrovic, who was aware of the scheme to defraud, to the proceedings. The purchaser, Mr Efstratiou claimed he had indefeasible title.
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While Wynn was subjected to intense government scrutiny, he did no more than send the Jacobites equivocal verbal messages of support; in the event Morgan, along with the Catholic William Vaughan of Courtfield and his brother Richard, was one of the few Welshmen of the property owning class to join the Rising. Morgan's own motives for joining appear to have been at least partly ideological, although he later admitted in a letter he might not have got involved had his "personal Affairs been more to [his] Liking". His surviving poetry and other writings focus on core High Tory themes such as indefeasible dynastic right, a ‘country’ attack on high taxation and on the standing army, while like many other senior Jacobites he was a 'High Church' nonjuring Anglican. By tradition Morgan is supposed to have heard the news of Charles's landing through members of Philipps’ ‘Sea Serjeants’.
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In New Zealand, Strata Title, commonly called a Unit Title, is created by the Unit Titles Act 2010.Unit Titles Act 2010 There are 145,000 unit title dwellings in New Zealand. A Unit Title can be either a Stratum in Freehold, where the owners own the underlying land, or Stratum in Leasehold, where another person owns the land and the body corporate pays rent to that person.Unit Titles Act 2010, s 87 As New Zealand uses the Torrens System of indefeasible titles,Land Transfer Act 1952 the title for a Unit Title has a title for the Principal Unit, showing the legal description of the Principal Unit and any Accessory Units and any legal document registered against those units (called an interest); a Supplementary Record Sheet, showing the rules of the body corporate, its registered address and any interests registered against the underlying land; and the survey plan, which shows the boundaries of the units and the common property.
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Carden v. Bland, 199 Tenn. 665, 668–69, 288 S.W.2d 718, 720 (1956) The court there held that precluding teachers from doing so violated the State Constitution, Article 1, § 3: > That all men have a natural and indefeasible right to worship Almighty God > according to the dictates of their own conscience; that no man can of right > be compelled to attend, erect, or support any place of worship, or to > maintain any minister against his consent; that no human authority can, in > any case whatever, control or interfere with the rights of conscience; and > that no preference shall ever be given, by law, to any religious > establishment or mode of worship. The court then held that it exceeded the Equal Protection guarantees of the 14th Amendment of the U.S. Constitution "to have their children taught what they desire ... subject to qualification that teachers and places must be reputable and things taught not immoral or inimical to public welfare,"People ex rel.
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He was educated at Stonyhurst College and Bonn, before graduating from Trinity College Dublin. He was an ardent supporter of Home Rule, and attended the Home Rule Conference of 1873 where he proposed many important resolutions. In his election address in 1872, he said, Under the name of Home Rule, I will at once declare my conviction that Ireland possesses the indefeasible right to be governed by an Irish Parliament. That right has never been forfeited or surrendered, and I hold that the restoration of Home Rule is absolutely essential to the good government of the country, to the development of its resources, to the removal of the wasting curse of absenteeism and to the final establishment in peace and liberty of the Irish race upon Irish soil, I am convinced that ample means exist to achieve this result within the limits of the Constitution, and without infringing upon our loyalty to the throne, I differ entirely from those who would say that union amongst Irishmen is impossible, and that they do not possess sufficient public virtue to enable them to manage their own affairs Redmond was also a temperance reformer.
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This leads him to discuss the various modes in which several persons may simultaneously have rights over the same land, such as parceners (daughters who are co-heiresses, or sons in gavelkind), joint tenants and tenants in common. Next follows an elaborate discussion upon what are called estates upon condition – a class of interests that occupied a large space in the early common law, giving rise, on one side, to estates tail, and, on another, to mortgages. In Littleton's time, a mortgage, which he carefully describes, was merely a conveyance of land by the tenant to the mortgagee, with a condition that, if the tenant paid to the mortgagee a certain sum on a certain day, he might reënter and have the land again. If the condition was not fulfilled, the interest of the mortgagee became absolute, and Littleton gives no indication of any modification of this strict rule, such as was introduced by courts of equity, permitting the debtor to redeem his land by payment of all that was due to the mortgagee although the day of payment had passed, and his interest had become, at law, indefeasible.
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Her view of the Glorious Revolution of 1688 was critical. She acknowledged that the Revolution Settlement limited the power of the crown and had rejected "hereditary indefeasible right" in favour of "a contract with the people" as the basis of the monarchy's power. However, she also claimed that patriots had neglected "this fair opportunity to cut off all of the prerogatives of the crown" which they had "justly imputed the calamities and injuries sustained by the nation". The Revolution Settlement had failed to "admit of any of those refinements and improvements, which the experience of mankind had enabled them to make in the science of political security".. Macaulay shared her fellow radicals' anti-Catholicism, writing in the chapter covering the Irish Rebellion of 1641 of the Papists' "never- ceasing attempts by every kind of means, to bring all things again to subjection to the Church of Rome; their avowed maxim that faith is not to be kept with heretics; their religious principles calculated for the support of despotic power, and inconsistent with the genius of a free constitution".. Throughout her History, Macaulay showed a concern for her subjects' moral character and conduct.
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