13Oct 2018 by Reese Bannister

What are the Different Kinds of Gifts under Muslim Law?

Marriage
Gifts (hiba), in Muslim law, are of the following four kinds:1. Sadaquah2. Hiba-bil iwaz ADVERTISEMENTS: 3. Hiba-ba-shart-ul-iwaz4. Areeat Image Source: 2.bp.blogspot.com 1. Sadaquah: Where the object of the donor is to acquire merit in the eyes of the Lord and a recompense in the next world, the gift is called Sadaquah. It is a gift with a religious motive. Like hiba, it is not valid unless accompanied by delivery of possession. Unlike hiba, it cannot be revoked, the reason being that the object of such a gift is acquisition of religious merit and that has already been acquired. ADVERTISEMENTS: Sadaquah is a transfer of property or rights in all respects like a hiba, except that —1. In the case of hiba, the object is to manifest affection towards the donee,…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 26 of Code of Civil Procedure 1908, (C.P.C.), India – Institution of Suits

Essays
(1) Every suit shall be instituted by the presentation of a Plaint or in such other manner as may be prescribed.[(2) In every plaint, facts shall be proved by affidavit.] ADVERTISEMENTS: Every suit is to be instituted by presenting a plaint to the court or to such officer as it appoints in that behalf. [Order IV, Rule 1(1)]. Presentation must be by delivery to the court or its officer either personally or by a pleader. Sending by post is not sufficient.There is nothing in the Code to suggest that a plaint should be presented during court hours or within court premises, and hence the judge or officer of the court authorised to accept plaints may accept it outside office hours or the court buildings, though he is not bound to…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 25 of Code of Civil Procedure 1908, (C.P.C.), India

Marriage
(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 24 of Code of Civil Procedure 1908, (C.P.C.), India

Fashion
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage.(a) Transfer any suit,, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or(b) Withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and ADVERTISEMENTS: (i) Try or dispose of the same, or(ii) Transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or(iii) Retransfer the same for trial or disposal to…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 22 of Code of Civil Procedure 1908, (C.P.C.), India – Transfer of Suits

Essays
Power to transfer suits which may be instituted in more than one Court:Where a suit may be instituted in any one of two or more Courts and is instituted in one of such Courts, any defendant, after notice to the other parties, may, at the earliest possible opportunity and in all cases where issues are settled at or before such settlement, apply to have the suit transferred to another Court, and the Court to which such application is made, after considering the objections of the other parties (if any), shall determine in which of the several Courts having jurisdiction the suit shall proceed.Ordinarily, the plaintiff has a right to choose the forum where he has the choice of two or more courts in which he may properly institute a suit.…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 23 of Code of Civil Procedure 1908, (C.P.C.), India

Essays
(1) Where the several Courts having jurisdiction are subordinate to the same appellate Court, an application under section 22 shall be made to the appellate Court.(2) Where such Courts are subordinate to different appellate Courts but to the same High Court, the application shall be made to the said High Court.(3) Where such Courts are subordinate to different High Courts, the application shall be made to the High Court within the local limits of whose jurisdiction the Court in which the suit is brought is situate. Image Source: veronicaforand.com ADVERTISEMENTS: An application under section 22 is to be made to the appellate court where the several courts having jurisdiction are under the same court of appeal or to the High Court where the several courts are under the same High…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 20 of Code of Civil Procedure 1908, (C.P.C.), India

Construction
Subject to the-limitations aforesaid, every suit shall be instituted in a Court within the local limits of whose jurisdiction(a) The defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain; or ADVERTISEMENTS: (b) Any of the defendants, where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, provided that in such case either the leave of the Court is given, or the defendants who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or(c) The cause of action, wholly…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 11 of Code of Civil Procedure 1908, (C.P.C.), India – Res Judicata

Construction
No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.Explanation I:The expression “former suit” shall denote a suit which has been decided prior to the suit in question whether or not it was instituted prior thereto. ADVERTISEMENTS: Explanation II:For the purposes of this section, the competence of a Court shall be determined irrespective of any provisions as to a right of appeal…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 10 of Code of Civil Procedure 1908, (C.P.C.), India – Res Sub-Judice

Government
Section 10 of the Code of Civil Procedure provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. That section reads:Stay of suit:No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. ADVERTISEMENTS: Explanation:The pendency of…
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13Oct 2018 by Reese Bannister

Legal Provisions of Section 9 of Code of Civil Procedure, 1908 (C.P.C.), India

Management
Suit of civil nature:The question that falls for determination is what is a suit of a civil nature? A suit is of a civil nature if the principal question in the suit relates to the determination of a civil right. Thus if the principal question in the suit is a caste question or a question relating to religious rites or ceremonies, the suit is not of a civil nature. ADVERTISEMENTS: In order to fall within the purview of the term “of a civil nature” the suit must be for the enforcement of rights and obligations of a citizen and not matters which are purely social. The rights vesting in a person by virtue of being a member of a caste or religious community would not be of a civil nature…
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