10Oct 2018 by Reese Bannister

Short Essay on the Law of Inheritance under Muslim Law

Law
The Muslim Law of inheritance is a superstructure constructed on the foundations of pre-Islamic customary law of succession. It is based on the patriarchal organisation of the family, in which are buttressed some near cognates side by side with agnates.In Islamic law distinction between the family properly and the separate property has never existed, and in India Muslim law did not recognize the joint family property, though among the South Indian Muslims having matrilineal system, the institution of tarwad is recognised. Image Source: pre04.deviantart.net ADVERTISEMENTS: The twin doctrines of the Mitakshara school of Hindu law, viz., son’s birth right and survivorship, are also not recognised in Muslim law. Since under Muslim law, all properties devolve by succession, the right of heir-apparent does not come into existence till the death of…
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10Oct 2018 by Reese Bannister

Section 303 of Indian Penal Code, 1860 – Explained!

Government
Legal Provisions of Section 303 of Indian Penal Code, 1860.Punishment for murder by life-convict:This section prescribes punishment for murder committed by a life- convict. It says that whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death. In other words, the section makes capital sentence compulsory when a murder is committed by a person who is undergoing a sentence of imprisonment for life. Image Source: img13.deviantart.net ADVERTISEMENTS: The provision does not give any discretion to the Court in the matter of passing a sentence against a life-convict which has to be a sentence of death only. The provision shows that the framers of the Indian Penal Code intended to treat the murders committed by an ordinary person and those by a lifer differently.Whereas in the…
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10Oct 2018 by Reese Bannister

Section 299 of Indian Penal Code, 1860 – Explained!

Family Members
Legal Provisions of Section 299 of Indian Penal Code, 1860.Culpable homicide:Homicide is the most important part of offences affecting life. Even though ‘homicide’ has not been defined in the Code, it means killing of a human being by a human being. It cannot be defined as killing of a person by a person in view of the nature of the definition of the word ‘person’ in section 11 of the Code according to which the word includes any company or association or body of persons, whether incorporated or not. Homicide may be lawful or unlawful. Lawful homicide may be excusable or justifiable. Image Source: s2.dmcdn.net ADVERTISEMENTS: Examples of excusable homicides are the general exceptions given under sections 80, 82, 83, 84, 85, 87, 88 and 92, while those of justifiable…
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10Oct 2018 by Reese Bannister

Section 302 of Indian Penal Code, 1860 – Explained!

Construction
Legal Provisions of Section 302 of Indian Penal Code, 1860.Punishment for murder:This section, which prescribes punishment for murder, says that whoever commits murder shall be punished either with death or with imprisonment for life, and shall also be liable to fine. In other words, the Indian Penal Code has prescribed only two kinds of punishment, death sentence and imprisonment for life, out of which one has to be imposed on a murder convict who shall also be liable to fine if the court so deems necessary. Image Source: rootsweb.ancestry.com ADVERTISEMENTS: The section, as is clear, does not enumerate the circumstances under which either of these sentences can be imposed. Naturally, the courts are guided by the Code of Criminal Procedure and the pronouncements made by the Supreme Court in the…
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10Oct 2018 by Reese Bannister

Section 295A of Indian Penal Code, 1860 – Explained!

Canada
Legal Provisions of Section 295A of Indian Penal Code, 1860.Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs:This section punishes deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. The section was added by the Criminal Law (Amendment) Act, 1927. It states that whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, either by spoken or written words, or by signs or visible representations or otherwise, either insults or attempts to insult the religion of that class or the religious beliefs of that class, shall be punished with simple or rigorous imprisonment for a term extending up to three years, or…
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10Oct 2018 by Reese Bannister

Marriage ceremony fraudulently gone through without lawful marriage (Section 496 of IPC)

Marriage
Legal provisions regarding Marriage ceremony fraudulently gone through without lawful marriage under section 496 of Indian Penal Code, 1860.Marriage ceremony fraudulently gone through without lawful marriage: “Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” Image Source: omargutierrez.com ADVERTISEMENTS: Section 496 punishes fraudulent or mock marriage. This section applies to such cases in which marriage ceremony is complete but under no circumstances constitutes a valid marriage and in which one of the parties is induced to believe that a valid marriage has been constituted thereby.The essential ingredients of Section 496 are:i) The accused…
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10Oct 2018 by Reese Bannister

Disclosure of Identity of Victims of Certain Offences (Section 228A of IPC)

Management
Legal provisions regarding Disclosure of Identity of Victims of Certain Offences under section 228A of Indian Penal Code, 1860.Disclosure of Identity of Victims of Certain Offences: “(1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under Section 376, Section 376-A, Section 376-B, Section 376-C, or Section 376-D is alleged or found to have been committed (hereafter in this Section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Image Source: yag-u.com ADVERTISEMENTS: (2) Nothing in sub-sec. (1) extends to any printing or publication of the name or any matter which may make known the identity of…
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10Oct 2018 by Reese Bannister

Historical Development of Muslim Law – 5 Main Periods

Traditions
Historical development of Muslim law may be divided into five periods:(a) from A.H. 1 to A.H. 10, i.e., the period covering the last ten years of the Prophet’s life,(b) from A.H. 10 to A.H. 40, i.e., the period of the first four Caliphs, ADVERTISEMENTS: (c) from A.H. 40 to A.H. 300, the most important period in the development and consolidation of Muslim Law,(d) from A.H. 300 to 1924 A.D., in the West (i.e., west of India), when Caliphate was abolished, or to the establishment of British Rule in India, a period of general decadence, and(e) in the West, from 1924 to our times, a period of legislative codification of Muslim Law in many countries, and in India from the establishment of British rule to our times—a period of stagnation. Image…
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10Oct 2018 by Reese Bannister

Section 281 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 281 of Indian Penal Code, 1860.Exhibition of false light, mark or buoy:Exhibition of false light, mark or buoy with certain intention or knowledge has been made punishable under this section. The section says that whoever exhibits any false light, mark or buoy, with the intention or with the knowledge that it is likely that such exhibition will mislead any navigator, shall be punished with simple or rigorous imprisonment for a term extending up to seven years, or with fine, or with both. Image Source: allison1014blog.files.wordpress.com ADVERTISEMENTS: The section requires that the accused must exhibit any false light, mark or buoy. The prosecution must also establish that while doing so he must have intention or knowledge that it is likely that any navigator would be misled by…
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09Oct 2018 by Reese Bannister

Complaint Letter to the Civic Authorities Regarding Heavy Traffic Jam

Politicians
14, Nandalal Bose Street,Kolkata – 700 012.15th January, 2011 ADVERTISEMENTS: The Municipal Commissioner,Kolkata Municipal Corporation,5, SN Bannerjee Road,Kolkata – 700013 ADVERTISEMENTS: Subject: The problem of hawkersSir, Image Source: media.salon.comThere are areas in our city where hawkers seem to have completely taken over the thoroughfares. This causes endless traffic jams, which in turn leads to accidents and sometimes wrecks havoc in the lives of people caught up in personal emergencies. Moreover, not only is there considerable noise pollution at these places, but drivers trying to park their cars there have to go through a nightmare. ADVERTISEMENTS: Every now and then there is a great hue and cry over the matter, but once the dust settles, things are back to where they were before— allegedly with the connivance of politicians, the civic…
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