Category: Marriage

Important kinds of endorsements are given below:1. Blank or genera endorsementl: If the endorser signs his name only and does not specify the name of the endorsee, the endorsement is said to be in blank Sec. 16(1). The effect of a blank endorsement is to convert the order instrument into bearer instrument (Sec. 54), which may be transferred merely by delivery. Image Source: images.wisegeek.com ADVERTISEMENTS: 2. Endorsement in full or special endorsement:If the endorser, in addition to his signature, also adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person the endorsement is said to be in full [Sec. 16(1)].If, for example, A, the holder of a bill of exchange, wants to make an endorsement in full to B, he…

There were certain doubts in the minds of Indian Muslims regarding the application of Muslim personal law to Muslims. To confirm the policy of the British Government and to remove their doubts, the Shariat Act had to be enacted by the Central Legislature in 1937. At present the application of Muslim Personal Law is generally regulated by this enactment. Provisions of this Act regarding the application of Muslim Personal Law are summarised as under:(a) Section 2 of the Shariat Act provides that in a case where both the parties are Muslims the rule for decision shall be Muslim Law, if the case involves any of the following matters:(1) Intestate succession (i.e. inheritance), ADVERTISEMENTS: (2) Special property of the females,(3) Marriage (including all incidents of marriage),(4) Dissolution of marriage (including all…

The most recurrent theme in Kamala Das’s poetry, as pointed out in the foregoing pages is love, rather the failure of love or the absence of love in a woman who strives for it in a loveless male world, for she can realize her being only through love. Like most of her poems on love and sex, this poem is characterised by an emotional intensity arising from a deep sense of betrayal, from the feeling that she has been damned to a life of imprisonment in a male-dominated world. Kamala Das has been accused of indifference to structure and syntac­tical order but in this poem one finds a conciseness and tightness of structure achieved by a network of concrete images which account for the success of the poem and also…

A partition may be effected in any of the following eleven ways: 1. By agreement: Execution of an agreement in writing to hold the property separately operates as a partition. The agreement to separate may even be oral.As observed by the Privy Council in Approvier v. Rama Subha Aiyan, (11 M.I.A. 75), the true test of partition of property is the intention of the members of the family to become separate owners. Intention being the real test, it follows that an agreement between members to hold and enjoy the property in defined shares as separate owners constitutes a partition, although there has been no physical division of the property. Image Source: blog.realdealdocs.com 2. By conduct: ADVERTISEMENTS: Separation of a family can be inferred from the conduct of the parties coupled…

Legal Provisions of Section 221 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Where it is doubtful what offence has been committed?This section comes into operation where it appears that the accused person can be alternatively or cumulatively charged when it is doubtful whether the facts proved are capable of holding him guilty either of the principal offence or the abatement of the offence. ADVERTISEMENTS: Sub-section (2) gives wide power to the Court to convict the accused of an offence which is not subject of the charge provided (i) the offence for which the accused is found guilty is established by evidence; and (2) having regard to information available with the prosecution, it is doubtful as to which one or more offences would be established by evidence.Commenting on the scope and…

Legal Provisions of Section 149 of Indian Penal Code, 1860.Every member of unlawful assembly guilty of offence committed in prosecution of common object: ADVERTISEMENTS: This section is a very important provision with regard to group liability. It is also known as laying down a principle of joint or vicarious or constructive criminal responsibility. It says that whenever any member of an unlawful assembly commits an offence in prosecution of the common object of that assembly, or any such offence is committed by any member of that assembly about which the members of the assembly had knowledge that such offence was likely to be committed in prosecution of the common object of that assembly, every person who was a member of such assembly at the time of commission of the offence…

Like Hindu law, Muhammadan law is a personal law. Unlike territorial laws, it does not apply to all the persons in a given state or country. It applies only to those persons who answer a given description, namely, Muslims, whether they are so by birth or by conversion. To be a Muslim is to profess Islam, i.e., to acknowledge that there is no God but God (i.e., there is only one God), and Muhammad is His Prophet. “La ilaha ill lil lah Muhammad ur Rasul Allah.”Profession of the faith of Islam (i.e., belief in the unity of God) and the mission of Muhammad as a Prophet or messenger of God are necessary and sufficient for establishing that a person is a Muhamma­dan by birth or by conversion. It is not…

Free sample essay on the status of Women in India. Since independence there has been much improvement in the lot of women in India. They enjoy perfect equality with men. They have all the rights and privileges possessed by the males.Our Constitution guarantees them all those rights, freedom, and privileges enjoyed by the male. Consequently, they now feel emancipated and free. The women of India, who form almost 50% of the population, have equal opportunities and rights and can aspire to any position and status in society. Many of them are in top positions in various fields of life. A few of them have been great political leaders, entrepreneurs, administrators and business persons. This marked change in their outlook, social and economic status reflects the fact that their emancipation has…

The earlier agricultural family was a self-supporting business enterprise. The home was the centre of production, distribution and consumption. Modern industrialism has transferred economic production from the home to the factory.The urban families now perform traditional household activities, e.g. cooking, sewing, care of the house etc.Even some of these functions have been transferred to outside agencies. In short, the family has changed from a production unit to a consumption unit. In modern times the farm family is still a production unit but not a self-sufficient one. Image Source: milifamily.com ADVERTISEMENTS: The family has lost many functions because other specialised agencies have emerged to meet the increasing demands of industrialisation and urbanisation.Agricultural economy, especially the plough culture, led to the expansion of the family. Farm work requires more labour.This is met…

Forms in which a Muslim woman can seek dissolutions under the Muslim law are given below:Under Muslim Law a husband has an absolute and unlimited right to repudiate the marriage at his will. This is known as talaq. A Muslim wife has no such right to dissolve her marriage. Unwritten and traditional law tried to ameliorate her position by permitting her to seek dissolution under the following form: Forms (a) Talaqi tafwid: ADVERTISEMENTS: This is a form of delegated divorce. According to this the husband delegates his right of divorce in a marriage contract which may stipulate that inter-alia on his taking another wife the first wife has the right to divorce him.The courts have upheld these pre-nuptial and post-nuptial agreements as not opposed to public or against the spirit…