Preface Fraud is a misrepresentation that is made recklessly without belief in its truth to induce another person to act. Relevant Provisions Sections 17 and 19 of the Contract Act, of 1872 deal with fraud. Definition of Fraud According to Section 17 of the Contract Act, Fraud is defined as Fraud means and includes any … Read more
INTRODUCTION Under Islamic law, the husband is bound to maintain his wife. The woman in Islam is exempted from any financial earning liability. She is entitled to maintenance under Islamic law. RELEVANT PROVISIONS Section 369 of Muhammadan Law LITERAL MEANING Literally, the term maintenance means food, clothing, and lodging. In the Arabic Language, … Read more
INTRODUCTION General defences are those defences that are available to a person to protect himself in a situation of danger. These may be of body or property. There are several general defences available to individuals who are accused of committing a crime. RELEVANT PROVISIONS Sections 82, 83, 84, 85, 86, 76 & 79, 81, … Read more
INTRODUCTION Negligence is one of the main aspects of the tort law. Here, a person can claim damages or even injunctive relief. In these cases, the legal rights and the property of people are protected as also financial interests as well. In order to succeed in an action for negligence, it is necessary for a … Read more
Preface Misrepresentation is a false statement that the person making it honestly believed to be true, or that he does not know to be false. Relevant Provisions Sections 18 and 19 of the Contract Act, of 1872 deal with misrepresentation. Definition Misrepresentation is to say a misleading statement to someone. However, Section 18 … Read more
INTRODUCTION The right of private defence is provided to preserve one’s life or security and to prevent crime. The law does not want that a law-abiding person should live a cowardly life so the right of self-defence is provided in Pakistan Penal Code. RELEVANT PROVISIONS Sections 96, 97, 99, 100, 101, 102, 103, 104, … Read more
INTRODUCTION Vicarious liability is when one person or entity is held legally responsible for the actions or omissions of another person or entity. It does not indicate a distinct tort, but rather a process by which one person can be held liable for a recognized tort committed by another. It mainly arises in employer/employee and … Read more
Preface Mistake in a contract is of two kinds. It may be a mistake of fact or a mistake of law. In both cases, the contract will become void. Relevant Provisions Sections 45-53 except 48 of the Contract Act, of 1872 deal with the mistake. Meaning of Mistake Any intentional act or omission … Read more
INTRODUCTION Waqf is an important social institution of Islam. It is the most important branch of Muhammad’s Law. It is a permanent dedication by a Muslim of some specific property for religious and pious purposes. Every Muslim of sound mind may dedicate his property by way of waqf. It may be made verbally or in … Read more
INTRODUCTION Abetment is a separate and distinct offence provided the thing abetted is an offence. It is an independent crime, i.e. to say that abetment does not in itself involve the actual commission of the crime abetted. It is a crime apart. RELEVANT PROVISIONS Sections 107 to 120 of P.P.C. 1860 deal with abetment. … Read more
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