Latest news with #1995Act
Irish Examiner
2 days ago
- General
- Irish Examiner
Ask a solicitor: Should I be worried about trespassers on my land?
Dear Karen, I am always concerned about trespassers coming on my land and making a claim against me. It seems very unfair that they possibly could. What is the law in relation to this? Dear Reader, This is a worry for many landowners. A trespasser is defined as 'an entrant, other than a recreational user or a visitor'. Such entrants do not have permission or authority to be present on the property. A burglar falls within this definition. The duty owed to trespassers is set out in Section 4 of the Occupiers Liability Act 1995. It is similar to that owed to recreational users. However, an occupier may not be liable for injury or damage unintentionally caused to a person who enters on land or premises for the purposes of committing an offence, unless the court determines otherwise. The decision of the court will be based on the facts of the case. In the case of Williams vs. TP Wallace Construction Limited, the entrant plaintiff did not have permission or authority to be on the property in question. The defendant company had hired the plaintiff to install guttering at a shopping centre. On the day of the accident, the plaintiff attended the defendant's premises unannounced in order to establish whether the job was being carried out properly. The plaintiff proceeded to inspect the site without express permission while the site workers were on a break and the architect was not present. The plaintiff sued the defendant for injuries he sustained as a result of a fall from a ladder, which was not tied to the scaffolding. The plaintiff contended that the defendant was negligent in failing to have the ladder secured. The court held that the plaintiff was not a visitor, but was instead a trespasser, because he was not on the site by invitation or arrangement. The court found in favour of the defendant and dismissed the plaintiff's case on the basis that the failure to tie the ladder to the scaffolding was not an act of reckless disregard, and the defendant did not breach his duty to the plaintiff, a trespasser, in this regard. The 1995 Act does not draw a distinction between an adult and a child, so a child is owed the same duty of care, however gauging the standard of reckless disregard, the court must have regard of all circumstances, such as the conduct of the person, and the care that he or she may reasonably be expected to take for his or her own safety while on a premises. Naturally, a child is not aware of dangers as an adult would be, and they may ignore or fail to understand warning signs. As a result, the courts have traditionally afforded more leniency to children who come onto premises as a trespasser, if it could be shown that the child was at an age that he or she would 'follow a bait as mechanically as a fish' and the occupier's premises contained 'an allurement'. The case law states that in order for something to be an allurement, it must be both 'fascinating and fatal'. In the case of O'Leary vs John A. Wood Limited, the court held that 'an object should not be considered an allurement unless the temptations which it presents are such that no normal child could be expected to restrain themselves from intermeddling even if he knows that to intermeddle is wrong'. Clearly, the allurement approach in these types of cases is of great benefit to children, but the courts appear to have taken a restrictive approach so as to ensure that the net for liability is not cast so widely as to be unjust. Karen Walsh, from a farming background, is a solicitor practising at Walsh & Partners Solicitors, 17 South Mall, Cork, and 88 Main Street, Midleton, Co Cork, and also the author of 'Farming and the Law'. Walsh & Partners also specialises in personal injury claims, conveyancing, probate, and family law. Email: info@ Web: While every effort is taken to ensure the accuracy of the information contained in this article, Karen Walsh does not accept responsibility for errors or omissions howsoever arising. Readers should seek legal advice in relation to their particular circumstances at the earliest opportunity. Read More Ask a solicitor: A contractor fell off a ladder on my farm
Economic Times
3 days ago
- Business
- Economic Times
Centre to unveil new website for Waqf property registration
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel New Delhi: The Centre is likely to launch a new and updated website for the registration of Waqf properties this week. It also plans to hold deliberations with states on rules for governing Waqf, sources April this year, the Parliament had passed the Waqf (Amendment) Bill, aiming to modernise Waqf administration, reduce legal disputes, and improve efficiency. It also seeks to fix issues in the 1995 Act and the 2013 pleas seeking stay on the Waqf Act were heard by the Supreme Court and the apex court has reserved its Centre is also planning to launch a new website for registration of Waqf properties this month within a stipulated time of six months. The new website will have full details of Waqf properties across the country, including those of their Centre is working on framing rules for the Waqf (Amendment) Act 2025, and plans to hold consultations with states as the state-level waqf boards would be under the purview of the state governments and would also have representation from the state these deliberations and following the Supreme Court judgement, the Centre might notify the rules for Waqf properties and other functioning of Waqf boards.
Time of India
3 days ago
- Business
- Time of India
Centre to unveil new website for Waqf property registration
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel New Delhi: The Centre is likely to launch a new and updated website for the registration of Waqf properties this week. It also plans to hold deliberations with states on rules for governing Waqf, sources April this year, the Parliament had passed the Waqf (Amendment) Bill, aiming to modernise Waqf administration, reduce legal disputes, and improve efficiency. It also seeks to fix issues in the 1995 Act and the 2013 pleas seeking stay on the Waqf Act were heard by the Supreme Court and the apex court has reserved its Centre is also planning to launch a new website for registration of Waqf properties this month within a stipulated time of six months. The new website will have full details of Waqf properties across the country, including those of their Centre is working on framing rules for the Waqf (Amendment) Act 2025, and plans to hold consultations with states as the state-level waqf boards would be under the purview of the state governments and would also have representation from the state these deliberations and following the Supreme Court judgement, the Centre might notify the rules for Waqf properties and other functioning of Waqf boards.
Time of India
27-05-2025
- Politics
- Time of India
Supreme Court issues notices to Centre, others on plea challenging validity of 1995 Waqf Act
Live Events (You can now subscribe to our (You can now subscribe to our Economic Times WhatsApp channel The Supreme Court on Tuesday sought responses from the Centre and others on a petition challenging the constitutional validity of certain provisions of the Waqf Act, 1995. A bench of Chief Justice B R Gavai and Justice Augustine George Masih issued notices to the Centre and others, seeking their responses on the plea, and tagged it with pending petitions that have raised a similar Ashwini Upadhyay, who appeared in the court on behalf of petitioner Nikhil Upadhyay , told the bench that the plea challenges the provisions of the Waqf Act, referred to the apex court's April 17 order relating to challenges to the validity of the Waqf (Amendment) Act, said in that order, the court had said petitions challenging the 1995 law and the amendments made therein in 2013 shall be separately shown on the cause list."Why should a challenge to the 1995 Act be allowed in 2025?" the CJI asked. He also asked why should the plea be not dismissed on the ground of petitioner's counsel said the plea has challenged the amendments made in said the apex court is hearing pleas filed in 2020 challenging the provisions of the Places of Worship (Special Provisions) Act, 1991 and the National Commission for Minorities Act, bench agreed to hear the plea and tagged it with the already-pending the validity of certain provisions of the 1995 law, the plea said, "Parliament cannot enact law in favour of waqf and waqf properties , depriving non-Muslims from their properties, and special provision giving undue favour to waqf properties."On May 22, the apex court reserved interim orders on three key issues after hearing both sides in the case relating to the Waqf (Amendment) Act, of the issues relates to the power to de-notify properties declared as "waqf by courts, waqf-by-user or waqf by deed" prescribed in the 2025 top court had previously identified the three issues, on which a stay was sought by the petitioners challenging the validity of the 2025 Act, for passing interim from the issue of de-notification, the petitioners have raised questions over the composition of state waqf boards and the Central Waqf Council, where they contend that only Muslims should operate except ex-officio third issue relates to a provision that says a waqf property will not be treated so when the collector conducts an inquiry to ascertain if the property is government Centre had strongly defended the 2025 Act, saying waqf by its very nature was a "secular concept" and cannot be stayed given the "presumption of constitutionality" in its favour.
India.com
27-05-2025
- Politics
- India.com
Supreme Court issues notice to Centre, states on plea challenging 1995 Waqf Act
New Delhi: The Supreme Court on Tuesday issued notice to the Centre and state governments on a plea challenging the Constitutional validity of certain provisions of the Waqf Act, 1995, as amended by the Waqf (Amendment) Act, 2025. A bench of Chief Justice of India BR Gavai and Justice Augustine George Masih tagged the plea along with pending petitions challenging the 1995 Waqf Act. The apex court was hearing the petition filed by one Nikhil Upadhyay challenging the 1995 Act. During the hearing, the bench asked advocate Ashwini Upadhyay, appearing for the petitioner, as to why he was challenging 1995 Act in 2025. Upadhyay responded that he was also challenging 2013 Waqf Amendment Act. To this, CJI said, 'Even then, 2013 to 2025. 12 years. There is delay.' Supreme Court is already hearing petitions challenging the Places of Worship Act 1991 and the National Minority Commission Act 1992, advocate submitted. Additional Solicitor General Aishwarya Bhati, representing the Centre, told the bench that the court has not allowed the challenge to the 1995 Act to be heard along with the petitions challenging the 2025 Amendment. However, there is no objection to this fresh petition being tagged along with the other petition challenging the 1995 Act. The petition submitted that only Muslims have a law relating to the administration of their charitable properties, and other religions do not have a similar law; hence, the Waqf Act 1995 was discriminatory. The petition challenged the constitutional validity of certain sections of the Waqf Act 1995 as amended by the Waqf (Amendment) Act 2025, contending that these provisions are against Articles 14, 15, 21, 25, 26, and 27 of the Constitution. The petitioner further stated that the state cannot grant, at the cost of the public exchequer, the expenses incurred for the verification of Waqfs and their properties, while there is no similar exercise nor a grant of expenses for the survey of other religious institutions and their properties. 'The cost of the survey for the verification of Waqf and its properties must not be borne by the state. There should be a Common or Uniform Law for Religious Trusts and Endowments,' the petition added.
