Friday, August 26, 2011

Presumption


(2011) 6 MADRAS LAW JOURNAL – Page 29
Sections 107 & 90 – Ancient documents – Presumption as to thirty years old documents – Ancient documents prove themselves – Presumption of genuineness as regards ‘Will’ – Executor not alive at time of admission of documents before trial court – Death of executor proved – Production of documents from proper custody presumed as per section 90 – Documents presumed to be genuine if it is free from suspicion and is produced from proper custody.  Held genuine.

Registration Act


2011(4) CURRENT TAMILNADU CASES – Page 574 – SUPREME COURT
Section 16(1)(a) – Registration Act, 1908 (16 of 1908), Sections 17 & 49 – Admissibility of unregistered lease deed in evidence when it requires compulsory registration – Duty of court – Document which requires to be registered compulsorily is not admissible in evidence except in two cases viz, (a) when it as evidence of contract in suit for Specific performance; (b) as evidence of collateral transaction – But in case of collateral transaction unregistered document could be received in evidence – Arbitration clause in contract is collateral transaction - Arbitration clause in independent of other terms of contract – Even if contract containing Arbitration clause is terminated, Arbitration clause would still survive for purpose of resolution of disputes arising under or in connection with contract – Document affecting immovable property containing Arbitration Clause would also be of similar nature as Arbitration clause is collateral term relating to resolution of disputes unrelated to transfer of immovable property – Arbitration clause contained in Lease Deed which requires registration but unregistered would survive inadmissibility of Deed – Court should adopt procedure whereby it would (a) check whether document is sufficiently stamped (b) if sufficiently stamped impound document and follow procedure under Stamp Act (c) determine whether document is compulsorily registrable or not (d) if not compulsorily registrable act in terms of Arbitration Clause (e) if compulsorily registrable and delink Arbitration Clause from main agreement as per section 16(1)(a) except where Arbitration Agreement is void and unenforceable (f) if plea of invalidity of document is raised it should also be considered by court – Arbitrator appointed as per terms contained in unregistered Lease Deed, cannot receive deed in evidence and cannot enforce Lease Deed – Case remanded.

Twin Babies discussion

Wednesday, August 24, 2011

Section 106 of Transfer of Property Act - Termination of Tenancy


2011(3) CURRENT TAMILNADU CASES – Page 31
Transfer of Property Act, 1882 (4 of 1882), Section 106 – Termination of Tenancy – Termination Notice issued to vacate premises within 10 days – Suit filed long after statutory period of 15 days – Even if notice was treated as defective, it got cured by filing of suit after 15 days statutory period – Concurrent finding as to eviction, upheld.

Section 40 - Tamilnadu Court fees Act, 1955 - Market Value


2011(3) CURRENT TAMILNADU CASES – Page 26
Tamilnadu Court Fees and Suits Valuation Act, 1955 (T.N. Act 14 of 1955), Section 40 – Expression “Value of Property” – Meaning of – Legislature in its wisdom used expression “Value” for purpose of payment of court-fee – Legislature did not due expression of “Market Value” – There are other provisions which deal with “Market Value” – Expression “Value” found in section 40 is value shown in document and not market value – Order of Trial court, directing payment of court-fee on basis of market value, in suit for partition and cancelation of earlier partition deed, not justified – Impugned order set-aside – Trial court to expeditiously dispose of suit – Civil revision petition allowed.

Thursday, August 11, 2011

LEUKEMIA


'Amazing' therapy wipes out leukemia in study

NEW YORK (AP) — Scientists are reporting the first clear success with a new approach for treating leukemia — turning the patients' own blood cells into assassins that hunt and destroy their cancer cells.
They've only done it in three patients so far, but the results were striking: Two appear cancer-free up to a year after treatment, and the third patient is improved but still has some cancer. Scientists are already preparing to try the same gene therapy technique for other kinds of cancer.
"It worked great. We were surprised it worked as well as it did," said Dr. Carl June, a gene therapy expert at the University of Pennsylvania. "We're just a year out now. We need to find out how long these remissions last."
He led the study, published Wednesday by two journals, New England Journal of Medicine and Science Translational Medicine.
It involved three men with very advanced cases of chronic lymphocytic leukemia, or CLL. The only hope for a cure now isbone marrow or stem cell transplants, which don't always work and carry a high risk of death.
Scientists have been working for years to find ways to boost the immune system's ability to fight cancer. Earlier attempts at genetically modifying bloodstream soldiers called T-cells have had limited success; the modified cells didn't reproduce well and quickly disappeared.
June and his colleagues made changes to the technique, using a novel carrier to deliver the new genes into the T-cells and a signaling mechanism telling the cells to kill and multiply.
That resulted in armies of "serial killer" cells that targeted cancer cells, destroyed them, and went on to kill new cancer as it emerged. It was known that T-cells attack viruses that way, but this is the first time it's been done against cancer, June said.
For the experiment, blood was taken from each patient and T-cells removed. After they were altered in a lab, millions of the cells were returned to the patient in three infusions.
The researchers described the experience of one 64-year-old patient in detail. There was no change for two weeks, but then he became ill with chills, nausea and fever. He and the other two patients were hit with a condition that occurs when a large number of cancer cells die at the same time — a sign that the gene therapy is working.
"It was like the worse flu of their life," June said. "But after that, it's over. They're well."
The main complication seems to be that this technique also destroys some other infection-fighting blood cells; so far the patients have been getting monthly treatments for that.
Penn researchers want to test the gene therapy technique in leukemia-related cancers, as well as pancreatic and ovarian cancer, he said. Other institutions are looking at prostate and brain cancer.
Dr. Walter J. Urba of the Providence Cancer Center in Portland, Oregon, called the findings "pretty remarkable" but added a note of caution because of the size of the study.
"It's still just three patients. Three's better than one, but it's not 100," said Urba, one of the authors of an editorial on the research that appears in the New England Journal.
What happens long-term is key, he said: "What's it like a year from now, two years from now, for these patients."
But Dr. Kanti Rai, a blood cancer expert at New York's Long Island Jewish Medical Center, could hardly contain his enthusiasm, saying he usually is more reserved in his comments on such reports.
"It's an amazing, amazing kind of achievement," said Rai, who had no role in the research.
One of the patients, who did not want to be identified, wrote about his illness, and released a statement through the university. The man, himself a scientist, called himself "very lucky," although he wrote that he didn't feel that way when he was first diagnosed 15 years ago at age 50.
He was successfully treated over the years with chemotherapy until standard drugs no longer worked.
Now, almost a year since he entered the study, "I'm healthy and still in remission. I know this may not be a permanent condition, but I decided to declare victory and assume that I had won."
___
Online:
New England Journal: http://www.nejm.org
Science journal: http://stm.sciencemag.org
courtesy: www.yahoo.com

Friday, August 5, 2011

DHONI





IIM-Ranchi to map MS Dhoni's brain for new course


RANCHI: If star cricketer MS Dhoni is game, Indian Institute of Management Ranchi (IIM-R ) would like to examine his brain. The country's premier business school is planning to foray into neuro management by mapping the brain of Team India's most acclaimed captains and understand the reasons for Dhoni's success as a leader. 

The institute wants to take Ranchi's renown in mental health to the next level, and is in the process of tying up with the city's Central Institute of Psychiatry (CIP) to start the new course. The results of the Dhoni study will be the precursor to a full-fledged neuromanagement course. 

Dhoni has been sent an invitation, and the institute is waiting to hear from him. "The study of biological reactions and people's animal instincts mixed with management theories will not only create better managers, but also better human beings," says IIM Ranchi director MJ Xavier. 

He believes neuromarketing will be the next big thing. "Brain reactions as well as its functioning, can now be mapped. We know what chemicals react in the brain in what ways, and how they trigger human reactions. When we have the resources here in Ranchi, why not start a course in neuro-marketing, which is already in vogue in the UK and at a research stage in China," he says. IIM-R believes neuromarketing can be employed for design of products and services , packaging and branding . 

Coke and P&G are wellknown users of such skills. The idea for such a course came when Xavier saw the vast technical resources available with the CIP. "I was already interested in neuromarketing and was doing some research in this sector, but after joining IIM Ranchi , I asked CIP if we could work together. They got excited and we are now on the job," says Xavier. CIP, on its part, will facilitate the technical aspects like study of the electrical patterns of the brain, says director S Haque Nizami. 

The institute was in the process of getting necessary technical infrastructure such as the functional magnetic resonance imaging machine, with the help of which human behaviour can be predicted with 80% accuracy. IIM Ranchi has already enrolled two research scholars in this field and to hold an international seminar on neuro-marketing next year. "We will start conducting courses spread over three to 10 days and have regular two-year courses from 2014," says Xavier . 

The institute plans to beef up faculty and research strength by then. "We need to do more research and find the market for our graduates," says Xavier. IIM Ranchi wants a convergence between neuromarketing and traditional marketing techniques for a holistic understanding of consumers. "I am trying to explore the relationship between what people think, what they say and what they actually do. But the synchronisation is often missing, which calls for a study to see where the gap lies. Unravelling the age-old paradox can help marketing through neuro-management ," he says.

courtesy: www.yahoo.com

Tuesday, August 2, 2011

IAN BELL


The Bell Run-out Reversal: Likes & Dislikes

MS Dhoni's sporting decision to recall Ian Bell yesterday was unanimously applauded by cricket pundits. But some believed there was no need to do it.
Likes & Dislikes
courtesy: www.yahoo.com