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This general rule states that no property may be transferred by anyone who is not authorized to do so. As a result, if a person lacks title to property, he cannot validly transfer it to another. Even so, due to the “adjustment of equities” between such an individual and the transferee, this requirement has been modified in fact. One of the exceptions to this provision is stated in Section 43 of the Transfer of Property Act.

What does Doctrine of Feeding the Grant by Estoppel Exactly Define?

The doctrine of feeding the grant by estoppel is based on the maxim “nemo dat quod nonhabet,” which means that no one can give to another what he does not have himself. Section 43 of the Transfer of Property Act lays down that “where a person fraudulently or erroneously represents that he is authorized to transfer certain immovable property and professes to transfer such property for consideration, such transfer shall, at the option of the transferee, operate on any interest which the transferor may acquire in such property at any time during which the contract of transfer subsists.”

Transfer from an unauthorized individual – Feeding the grant of estoppel

A person who has no interest in or power over a property is not authorized to transfer it. If he does, the transfer will be considered to have been made by an unauthorized person. When he acquires that property, he cannot deny transferring it to the person who he erroneously or fraudulently told that he would transfer that property to him, because the former will be prevented from retracting his previously made statement, and now that he has obtained that property, he must transfer it to the person to whom he promised to transfer that property. Section 43 is based on two guiding principles −

English Common Law of Estoppel

Principle of Equity, which states that when a person promises to fulfil a thing beyond his capacity, he must do it when he gets the ability.

Estoppel is a rule of evidence that prevents a person from rejecting a statement he makes when that statement is used against him. Even so, the Transfer of Property Act depicts the relationship between the transferor (both before and after acquiring the right to transfer) and the transferee for value without providing any notice.

Essential Elements

Elements of the doctrine of feeding the grant by estoppel are as follows −

Fraudulent or erroneous representation of ownership

The transferor must make a dishonest or erroneous representation of being the actual owner or having the power to transfer in order for this theory to apply. It makes no difference if it was done with good intentions. All that is required is that a false representation was made and the transferee relied on it.

Transfer of consideration

It is important for the application of this theory that the transfer of property was done with some thought, i.e., it had some value. That is not done when the transfer is made without consideration.

Option of the Transferee

At the transferee’s option, the property is transferred. In the application of this concept, the transferee determines the validity of a contract, and when the transferee makes the transfer valid, the transferor’s title becomes perfect.

Subsisting contract of transfer

The transfer contract must still exist in order for this theory to be applied. If the transferee cancels or terminates the contract, the relationship between the transferor and transferee is ended, and no claims can be brought against the property.

Feeding Grant by Estoppel

According to English law, the transferee receives the benefit of any subsequent acquisition automatically. It is based on the concept that if a person promises more than he can give, he must deliver the same when he gains the capacity to perform.

A feeding grant by estoppel is a grant made by an incompetent person who convinces the other that he is competent. When the incapacity is gone, the estoppel is fed, and he is barred from claiming incompetency at the time of initial transfer.

Rights of the Second Transferee

The rights of a second transferee are provided as a proviso in the section’s second paragraph. It is in the interest of the bona fide second transferee for value, without notification of the “option” of the first transferee. Where the second transferee (1) acts in good faith, (2) pays consideration, (3) receives no notice of the option, and (4) accepts the transfer before the option may be exercised, his claim is unaffected by the first transferee’s claim under Section 43. If such conditions exist, the property will be transferred to the second transferee instead of the first transferee.

Invalid Transfers

The transfer under Section 43 will be invalid if it is prohibited by law, such as if it is against public policy or is performed by a minor. This section is only intended to cure the transferor’s lack of title at the moment of transfer. If the transfer is void from the start, the section cannot be applied even if the transferor later obtains the property. As a result, if the transferor is a minor at the time he falsely promises to transfer the property, the transferee cannot use this provision even after the minor gets the property and reaches the age of majority. Therefore, if the property is non-transferable under Section 6, it cannot be validated using Section 43.

Section 43 does not require the transferee to use care and act in good faith in determining whether his transferor has the authorization to transfer. Even if such were the case, there is no evidence that the transferee knew of the transferor’s lack of interest in the property.

Exceptions to Section 43 of the TPA, 1882

Section 43 does not apply in the following circumstances −

Cases in which no consideration is given

If both parties were aware of the exact state of affairs about the transfer

Execution sales

If the transferee is not misled by the false or erroneous representation of the transferor,

Gifts

Transfers are not transferrable under the law.

Case Law Muhammad Hayat v. Abdul Rahim, MLD 1524, 2001

The transfer contemplated by Section 43 of the TPA, 1882, must be the result of a dishonest or erroneous misrepresentation. Otherwise, this part will be inapplicable.

Omar Ali Sheikh v. Shamsul Alam Mridha and Others, 55 DLR 257

If a person holds a partial interest in a property and transfers the largest interest for value, the transferee is entitled to the interest thus obtained following a later purchase.

Conclusion

Section 43 doctrine is based on the equitable concept that if a person promises more than he can do, he must keep the commitment when he gains the ability to do so. According to Section 115 of the Indian Evidence Act, the rule that applies in India is the rule that equity has extended. Because the equitable law of estoppel requires a man to make his representation good, the transferor cannot deny his earlier grant if he professes to transfer.

Frequently Asked Questions (FAQ)

Q1. What is the difference between Section 6A and Section 43 of the Transfer of Property Act?

Ans. Section 6(a) enacts a rule of substantive law, whereas Section 43 contains a rule of estoppel. The theory of spec successionis applies equally to movable and immovable properties, but the rule of estoppel under Section 43 applies solely in the case of the transfer of immovable property.

Q2. What is meant by “feeding the grant” in estoppel section 43?

Ans. Section 43 obviously applies if a person transfers property to which he has no title on the representation that he has a present and transferable interest, and the transferee acts on this representation.

Q3. How do you distinguish between spes successionis and the doctrine of feeding the grant by estoppel?

Ans. The doctrine of spec successionis applies both to movable and immovable properties, but the rule of estoppel under Section 43 applies solely in the case of the transfer of immovable property. Section 43 only applies in cases where the transfer is for consideration.

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Jasmy Grant: Connecting Jasmy Ecology With Ideas

Where are the billions of potential users in the encryption industry? Except for the third-world countries short of financial tools, like Africa and Latin America, having missed the Web2 wave yet now actively accepting Web3, Japan with a large population base is usually overlooked.

In fact, since the new Japanese government took office in 2023, the new Prime Minister Fumio Kishida has elevated Web3 as a national strategy to spare national efforts to promote it.

Jamsy as the “national blockchain project” in Japan has become the most popular and concerned concept project in the Japanese market and the hidden possibilities gradually emerge in 2023.

Jamsy: Japan’s National Blockchain Project

Jasmy is a real “encryption veteran” with a broad market, though not well known in the field.

Founded in Tokyo, Japan in 2023 by Kazumasa Sato, a former Sony employee, Jasmy has always focused on developing and providing data security and services sharing in the metaverse and Internet of Things (IoT) era, with the vision of helping users to own their data and monetize it at will.

With Jasmy technology, metaverse applications built on the Internet can exchange data directly, while generating decentralized storage solutions suitable for themselves.

Making Web3 a national strategy since 2023, The Japanese government has repeatedly highlighted that the metaverse and NFT will boost Japan’s economic growth through measures, such as approving a series of reform policies on Web3 and establishing especially a post of Web3 minister to promote NFT and DAO.

That’s why the importance and popularity of Jasmy have been rising since last year and the implications are self-explanatory.

Meanwhile, the AI boom sweeping the world since 2023 has made popular a large number of so-called “AI concept” projects. In the previous roadmap for 2023, Jasmy has already taken the lead in the plan to develop an AI engine and to steadily step into the AI era as of 2023.

Overall, with unprecedented positive factors of both Japan’s proactive national policy for Web3 and Jasmy’s plan including artificial intelligence, the Jasmy public blockchain is much more likely to be the source of a new round of innovation and profitability once again.

In short, Jasmy necessarily faces the challenge of how to pool more technologies, talents, projects, and funds from various tracks and to further search for high-quality startups for the more rapid growth of Jasmy itself, which yet provides an opportunity to share more dividends of such growth.

Jasmy Grant: Connecting Jasmy Ecology with Ideas

Jasmy Grant’s “Official Jasmy Global Incubator” is aimed – to help incubate, promote, and invest in promising blockchain projects in the Jasmy ecosystem.

As an official Jasmy-led grant program, Jasmy Grant focuses on funding “ideas” submitted by the Jasmy community to support a broader network of developers, derivative projects, community builders, and any event contributing to a broader Jasmy ecosystem.

Incubators as important funding links in the encryption industry connect projects with investors and dovetail the needs of both sides.

The project

can attract like-minded investors to raise development

funds

based on their visions

and characteristics.

The investors can

explore potential start-up projects and improve the early ecological layout as in

traditional capital markets.

Namely, Jasmy Grant is the key link in the Jasmy ecosystem and any interested Jasmy ecosystem project can submit an application. According to the information released on the official website, the current scope of Jasmy Grant funding includes.

Development improvements

on Jamsy protocol: data collection, storage, distribution and transactions, voting governance, signatures and verification.

Applications of

the Jasmy ecosystem: NFT, DID, payment and transaction

marketplaces, data processing and information aggregation, financialized products, and social

and tokenization tools.

Jasmy-based developer tools: SDKs, testing frameworks, simulators.

DAO organizations for the Jasmy ecosystem.

In other words, the early-stage startups based on tracks like Jasmy’s DeFi, NFT, middleware, infrastructure, metaverse, games have the opportunity to get incubated and invested by Jasmy Grant. Naturally they can feed the growth of the Jasmy ecosystem and in return share the dividends of its rapid growth.

Until now, Jasmy Grant has vigorously promoted the grant program. Geeks who want to apply for Grants simply need to fill out the questionnaire and provide project-related information. Priority, relevant resources, and aid are likely given to any innovative projects beneficial to the Jasmy ecosystem.

Jamsy Ecology Rises

For example, in addition to focusing on the fund demand in the project development, Jasmy Grant provides one-stop services covering investment, marketing and consulting through official endorsements and necessary consulting services like naturally assisted fundraising and marketing when investing in Jasmy eco-projects.

This means that Jasmy’s startups can leverage Jasmy Grant’s resources to readily access the Jasmy eco-matrix and realize synergy and mobility between DApp products, except for receiving financial support.

It benefits from the strengths of its original background supported by wholly ecological partners and Jasmy’s official endorsements and resources. In this way Jasmy Grant is not just a simple funding incubator.

Having passed

the screening and

received

support, developers

and

startups can readily access

official ecological resources and favorably go

to the imaginative Jasmy to be developed.

Jasmy Grant provides

itself with a platform to discover interesting ideas and investment opportunities and to make

projects

on the

market

in a short time

and reap the dividends of ecological growth.

Given Japan’s proactive national policy and the new AI layout as the growth boost, Jasmy in 2023 is much more likely to become the source of a new round of innovation and profitability again. Therein Jasmy Grant connecting projects with capital is destined to become an increasingly important link in the Jasmy ecology.

In 2023, it is worth keeping track of that promising Jasmy ecology with growth dividends that will possibly be off the beaten track, whether it will become a hit as scheduled or not.

Paradise By The Dashboard Light

Imagine trying to drive a car without dashboard displays. You’d never know how fast you were going, when you were running out of gas or if the car was overheating. You’d never chance it with a vehicle, so why take a similar risk with your business?

Dashboards for customer relationship management (CRM) programs and other types of software perform a similar function. They give you a visual snapshot of the information compiled by and stored in the program – in effect, a snapshot of how your business is running.

Until recently, dashboard functionality was only available in enterprise-level products, but now Act, the small business CRM and sales force automation software from Sage Software, has added dashboarding in an important new version upgrade, Act 2008, that marks the product’s 20th anniversary.

Long before there was Outlook and long before there was chúng tôi there was Act. The program has had longevity because it answers the needs of sales people and their managers and solves real problems. But any program is only as good as its latest version. This is a good one.

As with past versions, Act 2008 comes in two main editions, Standard and Premium. Standard, priced at $200 ($170 to upgrade from a previous version), is intended for individual sales representatives. Act 2008 Premium sells for $370 (or $260 to upgrade) and includes additional functionality primarily of interest to sales managers. We reviewed Act 2008 Premium.

But the dashboard feature is the real centerpiece of the new version. The dashboard page, selectable from the main Act tool panel on the left side of the screen, presents charts, graphs and tables that give you at-a-glance information about current activities and sales opportunities.

Sage has provided six customizable dashboard components. It also provides a software developers kit (SDK) that will allow Act developers to create new components from scratch – some of which may eventually find their way onto the Add-on Solutions directory at the company’s Web site, a Sage spokesperson told us.

The six Dashboard components include:

My Schedule At-a-Glance:table showing today’s appointments

Opportunity Pipeline by Stage:bar chart showing value of opportunities organized by their stage in the sales cycle – initial communication, needs assessment, presentation, negotiation, etc

Top 10 Opportunities:table showing opportunities listed by total potential value

Activities by User:bar chart showing the number of calls, meetings, to-dos and other activities for each person in a workgroup

Opportunities by User:bar chart showing how many opportunities each person in a workgroup has at various stages

Closed Sales to Date: color-coded gauge with dial showing monthly (or quarterly or annual) targets and current status

In the Opportunity Pipeline by Stage component, for example, you can choose to show bars for all stages or just some, all opportunities or only those with a specified probability of closing (equal to or greater than or less than a percentage), opportunities for all users or only selected users and all opportunities or only those of a specified value (equal to or greater than or less than a dollar amount).

Filter options for each component are slightly different depending on what they’re designed to show. In the Closed Sales to Date component, for example, you can select whether you show closed and won opportunities, closed and lost, open or inactive or all opportunities. In the My Schedule At-A-Glance, you can show all types of activities, or only selected items – calls, meetings, to-dos, personal activities, vacation. And you can show activities assigned any priority value or only selected priorities – high, medium, low.

Individual employees can use the Filter dialog to change data parameters in their own copy of Act. Using Dashboard Designer, a manager using Act Premium could change default Filter values for all employees in a workgroup – but still let them change parameters temporarily if they wanted.

Dashboard Designer also lets authorized employees change graphical parameters, including the display style. If you don’t like a gauge chart for the Closed Sales to Date component, for example, you could change it to a horizontal bar chart, a table, pie chart or vertical bar chart.

Again, the options available for each component vary a little – you couldn’t really create a bar chart for My Schedule At-A-Glance, but you could make it a calendar instead of a list, and Act lets you do that.

Dashboard Designer also lets you change the layout, size and position of components, as well as the headers and footers, legends and so on. This is a substantial new piece of functionality that appears well thought out and nicely implemented. we found it very intuitive to use and we’re not a sales people.

Some of the other new features are also potentially important, especially the ability to do queries on groups of contacts or companies.

In the past, you could build complex queries to search for contacts by specifying the type of item to search for (contact or opportunity), the fields to search on (address, phone, close date, competitor, etc.) and the values to search for. You could combine multiple lines in a query – find all records for contacts in the state of Arizona with opportunities that have been open longer than 120 days. That’s a very simple example.

Now you can apply the same query building tools to find companies or defined groups of contacts (all customers or all prospects, for example.) This means you can search on fields that exist only in those types of record, such as industry, SIC (Standard Industrial Classification) code, revenue or number of employees for company records. So you could search for all manufacturers with revenue in excess of $10 million in Australia.

Making it possible for people to edit data in list views is a no-brainer, raising the question, why didn’t Sage do this long ago? Other database programs – including Microsoft Outlook – have let you do this for some time.

We used the start-up wizard that presents itself after launching the program for the first time. Early on in the process, it asks whether you want to use the Act e-mail client or Outlook. we chose Outlook. It then explained that we needed to have an Act database to hold address book records brought over from Outlook. But the dialog the wizard presents only lets you add an existing Act database, not create a new one. At this point, there are no existing databases to use, other than a demo database. You create your first Act database in the next step.

Except we couldn’t create a database – or open the demo database. This is where the problems with our system came in. According to Act technical support, the root problem was that we had other instances of Microsoft SQL server, an essential component of Act, running on our system. The result for some reason was that the SQL “service” was not turned on during the Act installation process.

Once it was turned on, we were able to create databases. This is unlikely to happen to many people, but it’s something worth noting. On a positive note, Act tech support was excellent.

Based in London, Canada, Gerry Blackwell has been writing about information technology and telecommunications for a variety of print and online publications since the 1980s.

This article was first published on chúng tôi

A Year Of Pandemic Life, As Told By The Things We Googled

The pandemic has changed life in many ways, the least of which is mask-wearing. Pixabay

It’s been a bumper year for jargon. Curves to be flattened, social distance to be maintained, and triple-layer masks to be donned.

There was a lot to learn. So one way of viewing this pandemic twelve months in might be: what info have we been looking for? That’s a story sketched out by a year’s worth of Google searches. Here are some of the prevailing themes that emerged in our collective queries.