09Oct 2018 by Reese Bannister

What is Fasid (Irregular Marriage) under Muslim Law?

Marriage
If the impediment or prohibition to marriage is temporary or remedial, then a marriage performed in violation of such impediments is not void, but, as the Muslim law gives call, irregular. An irregular marriage, under Muslim law, is not same thing as voidable marriage under English law or Hindu law. Image Source: vanderbilt.eduA voidable marriage is a perfectly valid marriage till it is avoided, and it can be avoided only by either party to the marriage. No third person can take a stand on it. A voidable marriage on its annulment has, practically, the same consequences as a void marriage. On the other hand, an irregular marriage is not a valid marriage: nor is it a void marriage. ADVERTISEMENTS: A fasid marriage is not a valid marriage to begin with,…
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09Oct 2018 by Reese Bannister

Is Marriage in Muslim Considered as ‘Sacred’ or ‘Contract’?

Marriage
Although in most systems of the world, the individual has the freedom to marry or to remain celebrate, marriage is regarded all over the world as a social institution.Whether considered as a sacrament or as a contract, marriage, apart from giving rise to certain mutual rights and obligations, confers the status of husband and wife on the parties, and of legitimacy of their children. Image Source: vanderbilt.edu Marriage or Contract: ADVERTISEMENTS: The fundamental concept of individual liberty and responsibility, which is a corner-stone of Muslim jurisprudence, is incorporated in the institution of marriage. In Muslim law, marriage depends upon the free volition of the parties concerned, so does its dissolution, though the wife’s volition in this regard is subordinate to that of the husband, since the Muslim jurists subscribe to…
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09Oct 2018 by Reese Bannister

What are the Rights and Status of the Converted Muslims under Muslim Law?

Marriage
When a person converts to Islam, the following questions arise:(a) How far conversion can change the existing rights and the status of the convert, and(b) How far Muslim law applies to the convert and his descendants. Image Source: muslimgirl.net Rights and Status of the Converted Muslims: ADVERTISEMENTS: The question of rights and status of the convert arises mostly when a married person converts to another religion. The question has arisen in some acute form in cases where a person whose personal law prescribe monogamy and who converted to Islam with a view to taking advantage of the Muslim law provision which permits polygamy. It is happening that Hindu or Christian who wants to take a second wife and who has no ground available to divorce his first wife, converts to…
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09Oct 2018 by Reese Bannister

What are the Applications of Muslim Law in India?

Marriage
India is a country which abounds in personal laws. Every religious community in personal matters is governed by its own laws. Just as the Hindus, the Christians, the Parsis and the Jews are governed by their own personal laws, so are the Muslims. Image Source: koreaittimes.comThe Hindus and the Muslims have, all along, claimed that their laws are of divine origin. However, in Hindu law it has been an established proposition that a valid custom overrides the sacred law. Custom has never been an important aspect of Muslim law, although, at one time, the Privy Council held the view that a valid custom overrode Muslim law. ADVERTISEMENTS: During the long period of Hindu rule, Hindu law was all pervasive. All aspects of the life of an individual were regulated by…
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09Oct 2018 by Reese Bannister

Fabricating false evidence (Section 192 of IPC)

Data
Legal provisions regarding Fabricating false evidence under section 192 of Indian Penal Code, 1860.Fabricating false evidence: The essence of the offence of fabricating false evidence under Sec. 192 consists in endeavour to injure another by supplying false data upon which a judicial decision may rest. Image Source: pocketperspectives.files.wordpress.comThe ingredients of the offence of fabricating false evidence are:(i) The causing of –a) Any circumstance to exist; or ADVERTISEMENTS: b) Making any false entry; orc) Of any document containing a false statement.(ii) With intention that it may appear in evidence in, –a) A judicial proceeding; or ADVERTISEMENTS: b) In a proceeding taken by law before a public servant; orc) An arbitrator.(iii) In order to cause any person whose duty it is in such proceedings to form an opinion upon the evidence, to…
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09Oct 2018 by Reese Bannister

Giving False Evidence (Section 191 of IPC)

Marriage
Legal provisions regarding Giving False Evidence under section 191 of Indian Penal Code, 1860.Giving False Evidence:The offence under Section 191, IPC comprises of the following elements: Image Source: pocketperspectives.files.wordpress.com ADVERTISEMENTS: (i) A false statement, made by a person, who is;(ii) Bound by an oath; or(iii) By an express provision of law; or ADVERTISEMENTS: (iv) A declaration which a person is bound by law to make on any subject; and(v) Which statement or declaration is false and which he either knows or believes to be false or does not believe to be true.The three essential pre-requisites are:(i) A legal obligation to state the truth; ADVERTISEMENTS: (ii) The making of a false statement or declaration; and(iii) Being in its falsity.Bound by Oath or Law to say the truthFalse evidence to be punishable…
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09Oct 2018 by Reese Bannister

What is the Punishment for Cheating in India? (Section 417 of IPC)

Actors
Legal provisions regarding Punishment for Cheating under section 417 of Indian Penal Code, 1860.Punishment for Cheating:“Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or with both.” Image Source: worldwidewomengroup.com ADVERTISEMENTS: In Chinthamani v. Dyaneshwar [1974 CrLJ 542 Bombay], the accused sold the property to the complainant. In fact, they said property was already mortgaged to some other person. The accused concealed the mortgage and registered it in favour of the complainant and received full consideration. It was held that it was a cheating offence.In M.N.A Aachar V. Dr. D.L. Raja Gopal [1977 CrLJ 228 Kant], the accused was already married. He represented himself to be a bachelor and married with the complainant’s daughter. The accused was…
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09Oct 2018 by Reese Bannister

Dishonestly receiving property stolen in the commission of a dacoity (Section 412 of IPC)

Essays
Legal provisions regarding Dishonestly receiving property stolen in the commission of a dacoity under section 412 of Indian Penal Code, 1860.Dishonestly receiving property stolen in the commission of a dacoity: Section 412 punishes a receiver of property which is subject- matter of a dacoity with a purpose to curb the menace of dacoity. Dacoity as defined in Section 391, being an aggravated form of robbery, is dealt with more strictly than robbery itself, as is evident from a comparison between Sections 392 and 395. It therefore calls for an equal strictness in dealing with receipt of property obtained through the commission of dacoity. Image Source: nnimgt-a.akamaihd.net ADVERTISEMENTS: No man can be convicted under Section 412 for ‘receiving or retaining’ stolen goods unless he is shown at the material time to…
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09Oct 2018 by Reese Bannister

House-breaking (Section 445 of IPC)

Housing
Legal provisions regarding House-breaking under section 445 of Indian Penal Code, 1860.House-breaking:“A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say- Image Source: sterlingassure.com ADVERTISEMENTS: Firstly:- If he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass.Secondly:- ADVERTISEMENTS: If he enters or quits through any passage not intended by any person,…
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09Oct 2018 by Reese Bannister

Essential ingredients of Section 391 of Indian Penal Code

Actors
Legal provisions regarding Meaning of Dacoity under section 391 of Indian Penal Code, 1860.‘Dacoity’ is commission of robbery by five or more persons. Otherwise there is no difference between dacoity and robbery. Section 391 of IPC defines the dacoity thus: Image Source: i.ytimg.com ADVERTISEMENTS: “When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more every person so committing, attempting or aiding, is said to commit “dacoity”.”Essential ingredients of Section 391 are:1. Five or more persons must act in association,2. Such act must be robbery or attempt to commit robbery, ADVERTISEMENTS: 3. The five persons must consist of those…
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