10Oct 2018 by Reese Bannister

Section 311 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 311 of Indian Penal Code, 1860.Punishment:This section prescribes penalty for one who is a thug. It says that whoever is a thug shall be punished with imprisonment for life, and shall also be liable to fine. The quantum of punishment shows that the offence of thugee was viewed very seriously. In those times it had almost become a menace in the society and, therefore, this serious penalty. Image Source: i.ytimg.com ADVERTISEMENTS: The offence under this section is cognizable, non-bailable and non-compoundable, and is triable by court of session. Of the Causing of Miscarriage, of Injuries to Unborn Children, of the Exposure of Infants, and of the Concealment of Births.Sections 312 to 318 of the Code deal with those offences affecting the human body which are with…
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10Oct 2018 by Reese Bannister

6 Major Significance of Operant Conditioning In Our Daily Life

Applications
Operant conditioning is not only a laboratory phenomenon. It has a great deal of practical signi­ficance in our daily life as well as shown below:(i) A lot of our behaviour in every-day life is affected by the reinforcement we get for behaving in a particular manner. Students master course materials for rewards, such as grades, job opport­unities and self-satisfaction. People go to work because they regularly receive money, promotions and other material and non-material benefits. image source: e62813.medialib.glogster.com ADVERTISEMENTS: (ii) Another significance of operant condi­tioning is that the appropriate behaviour as desired can be shaped. A large part of our behaviour is due to shaping of our attitudes, values, customs and beliefs by others. Even our language is due to this shaping. The method of shaping has been used in…
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10Oct 2018 by Reese Bannister

Section 306 of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 306 of Indian Penal Code, 1860.Abetment of suicide:This section punishes the abettor of a suicide where suicide is committed because of such abetment. In this respect sections 305 and 306 are similar in nature. The section says that whoever abets the commission of a suicide, and suicide in fact is committed, shall be punished with simple or rigorous imprisonment for a term extending up to ten years, and shall also be liable to fine. Image Source: healthcomu.com ADVERTISEMENTS: The section requires that suicide must be committed as a result of the abetment and the deceased must have been abetted by the accused to commit suicide. Abetment may be caused by instigation, conspiracy or intentional aiding as provided by section 107 of the Code. Section 306, though…
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10Oct 2018 by Reese Bannister

Section 304B of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 304B of Indian Penal Code, 1860.Dowry death:This section defines and punishes dowry death. The first sub­section which defines the offence states that where a woman’s death is caused by either any burns or bodily injury or occurs under such circumstances which are not normal within a period of seven years from the date she was married and the prosecution proves beyond reasonable doubt that soon before she died either her husband or any of his relatives had subjected her to cruelty or harassment either for or in connection with any dowry demand, such a death is a ‘dowry death’, and her death shall be deemed to have been caused by such husband or relative. Since the word ‘dowry’ has not been defined, an explanation has been…
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10Oct 2018 by Reese Bannister

What do you understand by Family Wakfs or Wakfs for Alal-Aulad?

Industry
The family wakfs or wakfs for alal-aulad are primarily based on ijma, though a tradition of the Prophet is also cited in their favour. The Prophet is reported to have said, “When a Muslim bestows on his family and kindred, hoping for reward in the next world, it becomes alms, although he has not given to the poor, but to his family and children”. Image Source: 2.bp.blogspot.com ADVERTISEMENTS: Writing after the Privy Council decision in Abdul Fata Md. v. Russomony Dhur Chowdhary (in which family wakfs were held void) with much fervour and zeal, Ameer Ali wrote thus about family wakfs: “From the promulgation of Islam upto the present day there has been an absolute consensus of opinion regarding the validity of wakfs for one’s children, kindred and neighbours. Practical…
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10Oct 2018 by Reese Bannister

What is the Process of Revocation of Gifts under Muslim Law?

Identity
Although there is a tradition which indicates that the Prophet was against the revocation of gifts, it is a well established rule of Muslim law that all voluntary transactions, including gifts, are revocable. The Muslim law-givers have approached the subject of revocability of gift from several angles. Image Source: htmlgiant.comFrom one aspect, they hold that all gifts except those which are made by one spouse to another, or to a person related to the donor within the degrees or prohibited relationship, are revocable. ADVERTISEMENTS: The Hedaya gives the reasons thus: “The object of a gift to a stranger is a return for it is custom to send presents to a person of high rank that he may protect the donor; to a person of inferior rank that the donor may…
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10Oct 2018 by Reese Bannister

Legal Provisions Regarding Hiba or Gift to an Unborn Person or Minor under Muslim Law

Law
Under the Muslim law a gift may be made to any person without any distinction of age, sex or religion. Thus, a gift may be made to a minor or an adult, to a man or to a woman, to a married or an unmarried person, to a Muslim or a non-Muslim. Under the Hanafi law, the donee must be legally in existence at the time of hiba. Image Source: i-square.usThus, gift to an unborn person, one not in ease, either actually or presumably, is invalid. Under the Shia law a gift to an unborn person can be validly made provided the gift commences with a person in esse. ADVERTISEMENTS: For instance, if a gift is made to a person for life, then, under the Hanafi law, A will take…
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10Oct 2018 by Reese Bannister

Can a Muslim Give a Gift through the Medium of a Trust?

Law
There has been some controversy as to whether Muslim law recognizes trust; “It is of no avail that ye turn your faces (in prayer) towards the East and the West, but righteousness is in those who perform their engagements in which they have engaged. These are the true, these are the pious”. Image Source: prestigetaxandtrustservicesblog.files.wordpress.comThese verses from the Koran are often quoted in favour of the view that Muslim law recognizes trusts. In modern India, a Muslim can validly create a trust. Whenever a Muslim makes a gift through the medium of a trust, all formalities of a gift must be complied with. In all those cases where a Muslim can make a valid gift inter, vivos, he may make such a gift through the medium of trust. ADVERTISEMENTS: In…
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10Oct 2018 by Reese Bannister

Understanding the Subject-Matter of a Will under Muslim Law

Marriage
Any type of property, immovable or movable, corporeal or incorporeal, which is capable of being transferred, may form the subject-matter of a bequest. It is not necessary that the subject-matter of the will should be in existence when the will is made, it is sufficient, if it is in existence at the time of testator’s death. Image Source: 2.bp.blogspot.comThe bequest may consist of the corpus or of the usufruct. Under Muslim law, it is possible that a testator may give to one person and the usufruct to another. Thus, a right to occupy a house during a future period of time, or to take the rents, or future produce, or usufruct for a limited time, or for the life time of the legatee may validly constitute the subject-matter of a…
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10Oct 2018 by Reese Bannister

Essay on Wasiyyat or Will (Muslim Law)

Construction
A Muslim may dispose of his entire property by gift inter vivos. He may also tie down his entire property in perpetuity by creating a waqf for his alal aulad. He also has the testamentary power of disposing of his property. But his testamentary power is limited to the disposal of only one-third of his property.The reason for bestowing testamentary power on a Muslim, and for its limitation, has been thus stated by M. Sautayra: “A will from the Mussluman’s point of view is a divine institution, since its exercise is regulated by the Koran. Image Source: 2.bp.blogspot.com ADVERTISEMENTS: It offers to the testator the means of correcting to a certain extent the law of succession, and of enabling some of those relatives who are excluded from inheritance to obtain…
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