INTRODUCTION Will is a conferment of rights which is to effect after the death of the testator. A Muslim may make his will either orally or in writing and no formalities are required. A Muslim cannot, by will dispose of more than one-third of the surplus of his estate after payment of his funeral expenses … Read more
INTRODUCTION Criminal conspiracy means banding together for an evil purpose. No physical activity needs to be proven to have been done in pursuance of the conspiracy for holding a person liable under it. However, the mere manifestation of the criminal intent through criminal conspiracy is enough. RELEVANT PROVISIONS Sections 120A, 120B(1) and 120B(2) of … Read more
INTRODUCTION The easement is a right that the owner or occupier of certain land possesses as such for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of certain other lands not his own. There … Read more
Preface An agreement turns into a contract when it becomes enforceable at law. A contract is usually an exchange of promises between two or maybe more persons. It results in an obligation to do or refrain from doing a particular act. Relevant Provision Sections 2(h), 10, 11, 14, 17, and 23 of the Contract … Read more
INTRODUCTION A gift or Hiba is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of another. A Muhammadan may dispose of his whole property. The person who makes the gift is called the donor and to whom the gift is made is … Read more
INTRODUCTION Qatl means causing the death of a person. It is the killing of human beings by human beings. Fundamentally، qatl may be divided into two broad categories; lawful or unlawful. RELEVANT PROVISIONS Sections 300, 301 302, 303A 303B, 304, 305, 306, 307, 308. 313, 314, 315, 316, 317, 318 319, 320, 321, 322 … Read more
INTRODUCTION The Extinction of an easement is the legal termination or end of an easement, which is a right to use or access someone else’s property for a specific purpose and for a specific time. When an easement is extinguished, it means that the rights associated with it are permanently eliminated. This can occur through … Read more
Preface An agreement whose object or consideration is unlawful is considered void. A contract is always based on an agreement. An apparent agreement is not always a real agreement. One party may have deceived the other party or in some other way, there be no genuine consent. The parties may be laboring under a mistake … Read more
INTRODUCTION The right of guardianship of the minor belongs to the father and in his absence to nominate Where no one has been nominated then to the grandfather if he dies the right of his guardianship vests in the court. DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890. “Guardian means a … Read more
Introduction Contingent contracts are those types of contracts that depend on the happening or not happening of a future uncertain event. Here, we will see the situations when these agreements are enforced and when they become void, hence not enforceable by law. Relevant Provisions Sections 31-36 of the Contract Act, 1872. Meaning The … Read more
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