DEATH BED TRANSACTIONS UNDER MUSLIM LAW

The Muslim population of India is governed by the Muslim Personal Law(Shariat) Application Act, 1937. Shariat is a personal civil law which deals with succession, inheritance, marriage, and charity among Muslims. The Arabic Term for death illness is Marz-ul-maut, which is made up of two words Marz i.e, illness and Maut i.e, death.  The rules concerning Marz-ul-Maut inculcate the ideas of the gift as well as... Continue Reading →

CASE STUDY- D.N JEEVARAJU and ANR Vs D. SUDHAKAR & ORS

CIVIL APPELLATE JURISDICTION – SLP ( C ) NOs 33333-33335  COURT – THE SUPREME COURT OF INDIA   BENCH – J. Altamash Kabir, J. Cyriac Joseph   HELD ON – 16/12/2010  PARTIES INVOLVED – D. N Jeevaraju & Anr ( Petitioner)                                           D. Sudhakar & Ors (Respondent)  BRIEF FACTS OF THE CASE :  The Writ Petitioners, D. Sudhakar, Venkataramanappa, Gulihatti D. Shekar, Shivaraj S. Thangadgi and P.M. Narendra Swamy,(Respondent No.1-5 ), were all elected as independent Members in the General Elections held to the 13th Karnataka Legislative Assembly.  On 6th October,... Continue Reading →

ARNESH KUMAR Vs STATE OF BIHAr and ANR

Arnesh Kumar vs State Of Bihar & Anr  Bench- Chandramauli Kr. Prasad, Pinaki Chandra Ghose  Arnesh Kumar v. the State of Bihar is a landmark judgment, which was pronounced by the Apex Court as it imposed further checks and balances on the powers of the police before an arrest under section 498-A of Cr.P.C can be done which deals with dowry cases.  Facts of the... Continue Reading →

COPYRIGHT INFRINGEMENT

Creativity being the keystone of progress, no civilized society can afford to ignore the basic requirement of encouraging the same. Economic and social development of a society is dependent on creativity.  Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and... Continue Reading →

WHETHER SEXUAL INTERCOURSE IN THE PRETEXT MARRIAGE AMOUNTS TO RAPE ?

Marriage is considered as a sacrament union between two individuals. In today’s modern time, the major problem related to rape comes forward in our society i.e , “physical relation in the context of false promise for marriage”. The consent obtained by a woman through false promise of marriage is not considered appropriate in the eyes of law.  The ‘misconception of fact’ within the... Continue Reading →

CASE STUDY- HARI SINGH Vs STATE OF U.P

CRIMINAL APPELLATE JURISDICTION   COURT : THE SUPREME COURT OF INDIA   BENCH : J. Harijit Singh Bedi , J. Chandramauli Kr.Prasad  HELD ON : 16/12/2010  PARTIES INVOLVED : Hari Singh ( Petitioner )                                         State of Uttar Pradesh ( Respondent )  BRIEF FACTS OF THE CASE :  The accused Hari Singh of Suthari Village was running a brick kiln. Subsequently, Randhir Singh installed another brick kill nearby. Hari Singh and his Brothers didn’t allow Randhir Singh... Continue Reading →

HIBA UNDER MUSLIM LAW

Under Muslim law, Muslims can divide their property in many ways. It could be through Gift which is known as Hiba and through a will which is known as Wasiyat in Muslim law. A person is allowed to lawfully make a gift of his property to another during his lifetime But he may transfer it by way of will which will take... Continue Reading →

CULPABLE HOMICIDE NOT AMOUNTING TO MURDER

Culpable homicide not amounting to murder has different aspects that is, when an offence is done it must include the exceptions mentioned in sec 300 of IPC so that it can fall under this section. The word intent and knowledge are the two most important part of crime or plays an important role under section... Continue Reading →

ARE WHATSAPP CHATS AND EMAILS ADMISSIBLE IN THE COURT AS EVIDENCE?

Evidence is an important aspect of any case in a court of law because every allegation or demand in court has to be supported by some evidence otherwise it will be considered baseless. The word ‘Evidence’ has derived from the Latin expression 'Evidens Evidere' which means the state of evidence being plain, apparent, or notorious. ... Continue Reading →

WHITE COLLAR CRIMES

Crime is considered as a disaster for the society. White-collar criminals usually occupy a professional position of power and/or prestige, and one that commands well above average compensation. White collar crimes can be divided into two categories – individual crime and corporate crime. This classification is done on the basis of the nature of offender. Crimes done for personal... Continue Reading →

Contingent Contracts

An absolute contract is one where the promisor performs the contract without any condition while Contingent contracts, on the other hand, are the ones where the promisor performs his obligation only when certain conditions are met.  If you look at the contracts of insurance, indemnity or guarantee, they have one thing in common which is that, they create an obligation... Continue Reading →

EUTHANASIA- Mercy Killing

“Euthanasia means as an action which aims at taking the life of another at the latter’s expressed request. It concerns an action of which death is the purpose and the result.” This definition applies only to voluntary euthanasia and excludes the non-voluntary or involuntary euthanasia, the killing of a patient without the patient’s knowledge or... Continue Reading →

SECTION 19 OF HINDU MARRIAGE ACT,1955

Section 19 of the Hindu  Marriage Act, 1955 (HMA) deals with the erritorial jurisdiction of Petitions filed under the Act.  This Section states the courts to which petition can be filed-  “The Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction.  The marriage was solemnized, or  The respondent, at the time of the presentation of the petition,... Continue Reading →

Medical Negligence

The medical profession is considered as a noble profession because it helps in preserving life. Doctors are considered as the god of the land.  negligence has become one of the serious issues in the country in recent years. Medical negligence is covered under Consumer Law, Criminal Law and also under Tort Law. It attracts civil liability under Consumer Law... Continue Reading →

CONCEPT OF DEFAMATION

Right to reputation is a facet of right to life of a citizen under article 21 of the constitution. A good reputation is an element of personal security and is protected by the constitution equally with the right to enjoyment of life, liberty and Property.   The black’s Law Dictionary defines defamation as “the offence of injuring a person’s character, fame, or reputation by false and malicious statements”. Defamation is the... Continue Reading →

SECTION 19 OF HINDU MARRIAGE ACT,1955

Section 19 of the Hindu Marriage Act, deals with the Territorial Jurisdiction.  This Section states the courts to which petition can be filed-  “The Court to which petition shall be presented. Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction.  The marriage was solemnized, or  The respondent,... Continue Reading →

GROUNDS FOR CHALLENGING A WILL IN INDIA

Section 2(h) of Indian Succession Act, 1925 provides the legal definition of will, “Will means the legal declaration of the intention of a testator with respect to his property which he desires to be carried into effect after his death.” It is an instrument by which a person makes disposition of his property to take effect after... Continue Reading →

CRUELTY AS A GROUND FOR DIVORCE

Divorce is the breakage or dissolution of marriage with the help of law, which is available for both the spouses. There are many grounds laid under Hindu law for divorce like- Adultery, Desertion, Cruelty, Conversion, Insanity, Renunciation etc. Cruelty is referred as the behavior of a person which causes physical or mental harm to another,... Continue Reading →

SEDITION LAW IN INDIA

Sedition in itself is a comprehensive term, and it embraces all those practices, whether by word, deed, or writing, which are calculated to disturb the tranquility of the State, and lead ignorant persons to endeavour to subvert the Government and laws of the country.   Section 124A of the Indian Penal Code lays down the punishment for sedition. A person convicted... Continue Reading →

TRIPLE TALAQ : AN OVERVIEW

Talaq or divorce is a way of dissolution of marriage. It is a natural marital right available to both the spouses. Talaq is an Islamic word for divorce, denoting dissolution of marriage when a Muslim man can sever all marital ties with his wife.   There are majorly two ways by which marriage in Islam can be dissolved:   By the death of... Continue Reading →

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