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What is Janmam land? 

Updated - June 11, 2015 05:34 am IST

Janmam means a form of hereditary proprietary right previously prevalent in the State of Kerala. Janmam lands were originally held by a few zamindari families.

These zamindars, members of a princely family, were called ‘janmies’ in Malayalam and their lands, Janmam Estate. These zamindari families were also collectively called the Nilambur Kovilagam. 

The Nilambur Kovilagam owned 80,088 acres of land in the Gudalur taluk. The janmies were mostly absentee landlords. The lands were mostly possessed and cultivated by the lessees and encroachers under the Malabar Tenancy Act. 

From the time the Gudalur Janmam Estates Abolition Act was enacted in 1969, it has been challenged by those affected in different courts. The Act was challenged both by small encroachers as well as big plantation lessees.

In 1974, the Government of India by its 34th constitutional Amendment included the Gudalur Janmam Estates Abolition Act in the 9th Schedule of the Constitution. The Government of Tamil Nadu notified the Act on the 27th November, 1974. 

Published - June 11, 2015 12:00 am IST

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Deed of Assignment (for Intellectual Property)

In the realm of intellectual property, a Deed of Assignment is a formal legal document used to transfer all rights, title, and interest in intellectual property from the assignor (original owner) to the assignee (new owner). This is crucial for the correct transfer of patents, copyrights, trademarks, and other IP rights. The deed typically requires specific legal formalities, sometimes notarization, to ensure it is legally enforceable.

To be legally effective a deed of assignment must contain:

• Title of the Document : It should clearly be labeled as a "Deed of Assignment" to identify the nature of the document.
• Date : The date on which the deed is executed should be clearly mentioned.
• Parties Involved : Full names and addresses of both the assignor (the party transferring the rights) and the assignee (the party receiving the rights). This identifies the parties to the agreement.
• Recitals : This section provides the background of the transaction. It typically includes details about the ownership of the assignor and the intention behind the assignment.
• Definition and Interpretation : Any terms used within the deed that have specific meanings should be clearly defined in this section.
• Description of the Property or Rights : A detailed description of the property or rights being assigned. For intellectual property, this would include details like patent numbers, trademark registrations , or descriptions of the copyrighted material.
• Terms of Assignment : This should include the extent of the rights being transferred, any conditions or limitations on the assignment, and any obligations the assignor or assignee must fulfill as part of the agreement.
• Warranties and Representations : The assignor typically makes certain warranties regarding their ownership of the property and the absence of encumbrances or third-party claims against it.
• Governing Law : The deed should specify which jurisdiction's laws govern the interpretation and enforcement of the agreement.
• Execution and Witnesses : The deed must be signed by both parties, and depending on jurisdictional requirements, it may also need to be witnessed and possibly notarized.
• Schedules or Annexures : If there are detailed lists or descriptions (like a list of patent numbers or property descriptions), these are often attached as schedules to the main body of the deed.

Letter of Assignment (for Trademarks and Patents)

This is a less formal document compared to the Deed of Assignment and is often used to record the assignment of rights or licensing of intellectual property on a temporary or limited basis. While it can outline the terms of the assignment, it may not be sufficient for the full transfer of legal title of IP rights. It's more commonly used in situations like assigning the rights to use a copyrighted work or a trademark license.

For example, company X allows company Y to use their trademark for specific products in a specific country for a specific period.  

At the same time, company X can use a Letter of Assignment to transfer a trademark to someone. In this case, it will be similar to the Deed of Assignment. 

Intellectual Property Sales Agreement

An IP Sales Agreement is a detailed contract that stipulates the terms and conditions of the sale of intellectual property. It covers aspects such as the specific rights being sold, payment terms, warranties regarding the ownership and validity of the IP, and any limitations or conditions on the use of the IP. This document is essential in transactions involving the sale of IP assets.

However, clients usually prefer to keep this document confidential and prepare special deeds of assignment or letter of assignment for different countries.

IP Transfer Declaration

In the context of intellectual property, a Declaration is often used to assert ownership or the originality of an IP asset. For example, inventors may use declarations in patent applications to declare their invention is original, or authors may use it to assert copyright ownership. It's a formal statement, sometimes required by IP offices or courts.

When assigning a trademark, the Declaration can be a valid document to function as a proof of the transfer. For example, a director of company X declares that the company had sold its Intellectual Property to company Y. 

Merger Document

When companies or entities with significant IP assets merge, an IP Merger Document is used. This document outlines how the intellectual property owned by the merging entities will be combined or managed. It includes details about the transfer, integration, or handling of patents, copyrights, trademarks, and any other intellectual property affected by the merger.

In all these cases, the precise drafting of documents is critical to ensure that IP rights are adequately protected and transferred. Legal advice is often necessary to navigate the complexities of intellectual property laws.

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DEED OF ASSIGNMENT: EVERYTHING YOU NEED TO KNOW.

A Deed of Assignment refers to a legal document in which an assignor states his willingness to assign the ownership of his property to the assignee. The Deed of Assignment is required to effect a transfer of property and to show the legal right to possess it. It is always a subject of debate whether Deed of Assignment is a contract; a Deed of Assignment is actually a contract where the owner (the “assignor”) transfers ownership over certain property to another person (the “assignee”) by way of assignment. As a result of the assignment, the assignee steps into the shoes of the assignor and assumes all the rights and obligations pertaining to the property.

In Nigeria, a Deed of Assignment is one of the legal documents that transfer authentic legal ownership in a property. There are several other documents like a deed of gifts, Assent, etc. However, this article focuses on the deed of assignment.

It is the written proof of ownership that stipulates the kind of rights or interests being transferred to the buyer which is a legal interest.

Read Also: DIFFERENCE BETWEEN TRANSFER OF PROPERTY THROUGH WILLS AND DEED OF GIFT

CONTENTS OF A DEED OF ASSIGNMENT

Content of a Deed of Assignment matters a lot to the transaction and special skill is needed for a hitch-free transaction. The contents of a deed of assignment can be divided into 3 namely; the introductory part, the second (usually the operative part), and the concluding part.

• THE INTRODUCTORY PART: This part enumerates the preliminary matters such as the commencement date, parties in the transaction, and recitals. The parties mentioned in the deed must be legal persons which can consist of natural persons and entities with corporate personality, the name, address, and status of the parties must be included. The proper descriptions of the parties are the assignor (seller) and assignee (buyer). The Recitals give the material facts constituting the background to the current transaction in chronological order.
• THE SECOND PART (USUALLY THE OPERATIVE PART): This is the part where the interest or title in the property is actually transferred from the assignor to the assignee. It is more like the engine room of the deed of assignment. The operative part usually starts with testatum and it provides for other important clauses such as the consideration (price) of the property, the accepted receipt by the assignor, the description of the property, and the terms and conditions of the transaction.
• The testimonium : this shows that all the parties are involved in the execution of the deed.
• Execution : this means signing. The capacity of the parties (either individual, corporate bodies, illiterates) is of great essence in the mode of execution.  It is important to note that the type of parties involved determines how they will sign. Example 2 directors or a director/secretary will sign if a company is involved. In the same way, if an association, couple, individual, illiterate, family land (omonile), firm, unregistered association, etc. is involved the format of signature would be different.
• Attestation : this refers to the witnessing of the execution of the deed by witnesses.

For a Deed of Assignment to be effective, it must include a column for the Governor of the state or a representative of the Government where the property is, to sign/consent to the transaction. By virtue of Sec. 22 of the Land Use Act, and Sec. 10 Land Instrument Registration Law, the Governor must consent to the transaction.

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Disclaimer: The above is for information purposes only and should not be construed as legal advice. Ibejulekkilawyer.com (blog) shall not be liable to any person(s) for any damage or liability arising whatsoever following the reliance of the information contained herein. Consult us or your legal practitioner for legal advice.

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Vijayan vs Sub Collector 2022 Latest Caselaw 6052 Ker

Citation : 2022 Latest Caselaw 6052 Ker Judgement Date : 1 June, 2022

Dated this the 1st day of June, 2022

The petitioner, who is owner of 20.65 Ares of

property in Vaniyamkulam Village in Ottappalam Taluk, has

approached this Court seeking to direct the 1 st respondent

to consider Ext.P5 Petition No.9/2022 expeditiously and

within a time frame to be fixed by this Court.

2. The petitioner states that he holds 20.65 Ares of

land in Survey No.129/10 of Vaniyamkulam Village in

Ottappalam Taluk. According to the petitioner, the land was

converted as a Garden Land prior to the enactment of the

Kerala Conservation of Paddy Land and Wetland Rules,

2008. The land was however mistakenly included in the

WP(C)No.17752/2022

3. The petitioner submitted application and got the

land removed from the Data Bank. The possession

Certificate issued by the Village Officer would show that the

land is a dry land. However, the description of the land

remains to be Paddy Land, in the Basic Tax Register. The

petitioner, therefore, filed Ext.P5 application in Form 7. The

application was filed on 19.01.2022. The petitioner seeks

expeditious disposal of Ext.P5 application.

4. The Government Pleader entered appearance

and resisted the writ petition. The learned Government

Pleader, however, submitted that Ext.P5 being a statutory

application, if the same is received by the 1 st respondent, it

can be considered in accordance with law.

5. In view of the nature of the relief to be granted in

the writ petition, notice to respondents 2 and 3, who are co-

owners of the property in question, is dispensed with. WP(C)No.17752/2022

6. After hearing the learned counsel for the

petitioner and the learned Government Pleader, this Court

is of the view that the writ petition can be disposed of

directing the 1st respondent to consider Ext.P5 application,

the same being one filed invoking Rule 12(1) of the Kerala

Conservation of Paddy Land and Wetland Rules, 2008.

The writ petition is therefore disposed of directing

the 1st respondent to consider Ext.P5 application, if the

same is received, complete in all respects and supported by

all necessary documents, within a period of three months.

N. NAGARESH JUDGE SR WP(C)No.17752/2022

APPENDIX OF WP(C) 17752/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE JENM ASSIGNMENT DEED NO. 4540/2012 OF SRO OTTAPPALAM DT. 05-10-2020.

Exhibit P2 TRUE COPY OF THE ORDER NO. 751/2020 DATED 27-11-2020.

VANIYAMKULAM 2 VILLAGE OFFICER ON 9-2-2022.

FILED BY THE PETITIONER BEFORE THE RESPONDENT ON 19-01-2022.

Exhibit P6 TRUE COPY OF THE REPORT OF THE VILLAGE OFFICER, VANIYAMKULAM-II DATED 09-02-2022.

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Ecologo-geochemical assessment of the Vasyugan River valley (Tomsk Oblast)

• Regional Problems of Environmental Studies and Natural Resources Utilization
• Published: 02 July 2013
• Volume 34 , pages 166–171, ( 2013 )

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• D. N. Balykin 1 ,
• A. V. Puzanov 1 &
• S. N. Balykin 1  

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We report the results from investigating the soils, bottom sediments and surface waters of the Vasyugan river valley for the tract from the mouth to the settlement of Katyl’ga (465 km). Specific activity levels have been ascertained for radionuclides of uranium-238, thorium-232, potassium-40 and caesium-137 in soils and bottom sediments. Silt and sandy silt sediments have a high accumulating capacity with respect to radionuclides. Petroleum products, total iron and aluminum are the main pollutants of the Vasyugan river ad its tributaries.

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Shvartsev, S.L., Rasskazov, N.M., Sidorenko, T.N., and Zdvizhkov, M.A. Geochemistry of Natural Waters in the Area of Bol’shoe Vasyuganskoe Boloto, in Bol’shoe Vasyuganskoe Boloto. Present State and Evolution Processes , Tomsk: Izd-vo In-ta optiki atmosfery SO RAN, 2002 [in Russian].

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Original Russian Text © D.N. Balykin, A.V. Puzanov, S.N. Balykin, 2013, published in Geography and Natural Resources, 2013, Vol. 34, No. 2, pp. 96–102.

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Balykin, D.N., Puzanov, A.V. & Balykin, S.N. Ecologo-geochemical assessment of the Vasyugan River valley (Tomsk Oblast). Geogr. Nat. Resour. 34 , 166–171 (2013). https://doi.org/10.1134/S1875372813020091

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Received : 01 December 2011

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Issue Date : April 2013

DOI : https://doi.org/10.1134/S1875372813020091

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Banking Ombudsman B2. Order of the Human Rights Commission B3. Order of Banking Ombudsman B4. Order of the Kerala State Minority Commission B5. Order

SECTION 12 CONSUMER PROTECTION ACT 1986

• SAYED THAHA BAFAKHY v. THE MANAGER,STATE BANK OF INDIA District Consumer Disputes Redressal Commission Jan 12, 2018
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SAYED THAHA BAFAKHY v. THE MANAGER,STATE BANK OF INDIA

Present: Rose Jose, President: This petition is filed by the petitioner under Section 12 of Consumer Protection Act, 1986 for getting an order directing the opposite parties to pay him Rs.13 lakhs being the monetary loss sustained by them due to the loss of the original deed and an amount of Rs.2 lakhs as compensation for their mental agony and other sufferings and Rs.10,000/- as cost of the proceedings. The case of the petitioners is that in the year 2007 the 1 petitioner had availed two loans fromst the 1 opposite party forRs.30 lakhs and 5 lakhs respectively by way of equitable mortgage byst pledging several documents pertaining to a landed property comprising 13.27 cents and the building thereon with the 1 opposite party bank as security. Later it was informed by thest opposite party that the entire documents pledged in the bank by the petitioners was found missing and requested him not to take any action against the bank and to co-operate with the bank. Subsequently the 1 opposite party informed the petitioner that the documents except one hadst been found and document No.605/05 of 13.27 cents has lost from the bank. The petitioners stated that, thereafter the 1 opposite party published an advertisement in Mathrubhumi newspaperst stating that the above said documents has been lost. In that advertisement it was also stated that, petitioners had informed them that they have no objection in obtaining a certified copy of the said documents and using the same as security for the loan amount. But the advertisement was given without the knowledge or consent of them. In the year 2013 the 1 petitioner closed the loanst account but the opposite party returned only the certified copy of the deed in place of original deed deposited with them. At the time of sale of this property, since the original deed was lost, the petitioner sustained a huge monetary loss to the tune of Rs.2.6 lakhs. Thereafter on 12/10/2013 the

2 petitioner issued a lawyer notice to the 3 and 4 opposite parties demanding tond rd th compensate the loss sustained by her due to the missing of the title deed and that notice was replied raising false, untenable and derogatory statements and they have not taken any action for redressing the grievances of the 2 petitioner. The said acts of the opposite party amounts tond gross negligence and also deficiency in service on the part of the opposite party and as a result the petitioner sustained a monetary loss to the tune of Rs.13 lakhs besides the mental agony and other difficulties suffered by them. Hence this petition seeking reliefs. The opposite party appeared and before filing version they filed I.A.242/2016 challenging maintainability of this petition before this Forum with prayer to hear and decide this matter as preliminary issue before going to the merits of this petition. According to them this petition is with respect to the incident alleged to have occurred in the year 2008 regarding loss of documents. Now this petition is filed suppressing the material facts and raising false and frivolous contentions. Hence it is barred by limitation and not maintainable. Moreover the petitioner had already raised this issue before various authorities like S.I. of Police, Koyilandy, C.I. of Police,, 2 complaints before Honble Banking Ombudsman, District Collector of Kozhikode, Honble Human Rights Commission and also before Honble High Court and this is the 10 complaintth for the same issues before this Forum and so the petition is a clear abuse of law and the Principal of Estoppel is applicable here. The opposite parties produced documents in support of their contention and these are marked as Ext.s B1 to B11. It is further argued that the petitioners along with the 1 petitioners sister has given anst understanding letter dated 18/10/2008 to the Bank stating they have not created any charge in any other bank using of title deed No. 605/05 in the name of Anushri and hence in the event of loss of the original title deed, we have no objection in Banks completing the required formalities to obtain the certified copy of the said title deeds and also to continue to hold it as security towards the loans. So they cannot claim otherwise in this petition. The copy of said undertaking was marked as Ext. B6. Based on the Ext. B6 the bank had made an advertisement in the newspaper on 12/03/2009 Ext. B4 and obtained a certified copy of the lost document and was holding as security along with other title deeds and it was returned after closure of the loan account and it was accepted by the petitioner also. Now they cannot challenge its validity at this later stage. It is further argued that after obtaining the certified copy of the lost document, the petitioner had withdrawed their complaint filed before Honble Banking Ombudsman on 24/11/2008 by a letter dated 06/05/2009 stating that he had settled all the matter including that of missing document with the Bank and the copy of the letter in this regard is marked as Ext. B1. Once the matter has been settled finally the petitioners are estopped from filing a petition pertaining to the same cause of action. It is also argued that the petitioner had done many fraudulent transactions with regard to the mortgaged property without the consent of the bank, when the loan and mortgage in favour of Bank was subsisting. The allegation of the petitioner that due to the non availability of the original title deeds the value of the property sold was diminished and they sustained huge monetary loss is not admissible. For all these reasons stated, this petition is not maintainable and hence prayed to dismiss the same with their cost. The petitioner filed counter to the I.A. stating that the reasons stated in the I.A. for dismissing the petition is false, frivolous and baseless and is not sufficient to dismiss the petition. It is stated that the petition filed by them is not barred by limitation since when the documents lost from the custody of the bank, they had filed complaint before various authorities. Filing of the petition before various authorities is not a criteria for deciding maintainability of a petition, as far as the documents are lost from the bank. The main contention of the opposite parties were that, the petitioner along with Shereefa Safiya had given an undertaking letter Ext. B6 to the opposite party bank stating that they have no objection in obtaining a certified copy of the lost document after completing the formalities and holding it along with the other title deeds as security with them. Based only on this undertaking, they had made paper publication Ext. B11 and obtained a certified copy in place of the lost document and was holding it along with other title deeds and after fully satisfied with this the 1 st petitioner had withdrawed the case filed before the Honble Banking Ombudsman through Ext. B1 letter stating that the matter has been settled. Now he cannot claim otherwise. Though the petitioners denied the said contention of the opposite parties as false and baseless, a perusal of Ext. B6 shows that the said document has been signed by the petitioner and Mrs. Shereefa Safiya. The petitioners have no case that the signatures in Ext. B6 is not theirs or the opposite parties have obtained this fraudulently or by coercion or by any other undue influence. So we are of the view that his document can be relied on. It is seen that based on the Ext. B6 document the opposite parties had made paper publication Ext. B11 and obtained the certified copy of the lost document. Ext. B1 is the letter dated 06/05/2009 submitted by the 1 petitioner before the Honble Bankingst Ombudsman stating that I withdrawed the above complaint made against State Bank of India, Quilandy, as I have settled the matters including that of missing documents. The genuiness of this letter has not been denied by the 1 petitioner also. A perusal of Ext. B1 shows that it was anst unconditional settlement. It means that the dispute between the petitioners and the opposite parties with regard to the lost document was a full and final settlement. So considering the facts stated and evidence on record, we are of the opinion that, once the disputes has been settled finally and after accepting the certified copy of the lost document from the bank without any protest, the petitioners cannot move against the opposite parties further for the same cause of action before any authority as they are estopped from this by the Principle of Estoppel. Hence this petition is not maintainable before this Forum. In the result I.A.242/2016 is allowed and the original petition is dismissed as not maintainable. Parties will bear their cost. Dated this the 12 day of January, 2018th Date of filing: 11/08/2015 SD/-MEMBER SD/-PRESIDENT SD/-MEMBER APPENDIX Documents exhibited for the complainant: Documents exhibited for the opposite party: B1. Withdrawal letter issued by the complainant before the Banking Ombudsman B2. Order of the Human Rights Commission B3. Order of Banking Ombudsman B4. Order of the Kerala State Minority Commission B5. Order in the Writ OP filed by the complainant before the Honble High Court of Kerala B6. Letter issued by the complainants to the Bank B7. Agreement to Mortgage executed by complainant with Shareefa Safiya B8. Regtdf. Jenm Assignment deed executed by the 2 complainant with Alukkal Mohammednd B9. Letter acknowledging the receipt of title deeds issued by the complainants B10. Regtd. Jenm Assignment deed executed by the 1 complainant with Alukkal Mohammedst B11. Mathrubhumi daily dated 12/03/2009 Witness examined for the complainant: None Witness examined for the opposite party: None Sd/-President //True copy// (Forwarded/By Order) SENIOR SUPERINTENDENT [HON'BLE MRS. ROSE JOSE] PRESIDENT [HON'BLE MRS. BEENA JOSEPH] MEMBER [HON'BLE MR. JOSEPH MATHEW] MEMBER

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