Introduction Section 13 of the Hindu Marriage Act 1955 deals with the various grounds of divorce. Among these grounds, desertion is also an important ground which is given in Section 13(1) (iii).…
Law Notes
Law Notes
Secularism in India – An Overview and Comparison with Saudi Arabia
INTRODUCTION – Secularism India is the birthplace of four major world religions: Hinduism, Jainism, Buddhism, and Sikhism. Yet, India is one of the most diverse nations in terms of religion a…
Hiba – Gift under Muslim Law
Introduction – In Muslim law, gifts are called “hiba”. The gifts in India are governed by Transfer of Property Act, 1872. However, the provision of Transfer of Property Act, 1872 does not app…
Wassiyat – Wills under Muslim Law
A wassiyat or will under Muslim law is a divine institution, since its exercise is regulated by Koran. Will is the translation of Latin word “voluntas”, which was a term used in the text of the Rom…
Pre-emption (Shuffa) under Muslim Law – Concept, Rights and Effect
Concept The word pre-emption is a right of substitution conferred on someone either by statute, custom or contract. The right is to step into the shoes of the vendee preferentially, on the terms of…
Manager of a Wakf: Mutawalli – Appointment, Duty, Power and Removal
Under the Mohammedan law, the moment a wakf is created, all rights of property pass out of the wakif and is vested in God. The property is then taken care of by a Mutawalli. A Mutawalli is more lik…
Wakf under Muslim Law : Concept, Creation, Control and Registration
Introduction: A wakf under Muslim law is essentially a religious and pious obligation, though provision is sometimes also made for charities and for the benefit of oneself, one’s children and desce…
DISARMAMENT – Meaning, Efforts, Notable Treaties and Position of India
Introduction Disarmament in the broad sense means the total abolition of armaments of all types – conventional as well as nuclear. It is different from regulation of armaments which means red…
Law of The Sea – History, Evolution and Provisions
Introduction Law of the sea has developed steadily and gradually since the time of Grotius. Earlier the powerful States laid extensive claims of sovereignty over specific portions of the open sea. …
Territorial Sea – Meaning, Breadth and the Rights of States
Introduction: Territorial sea is that part of the sea which is adjacent to the coastal State and which is bounded by the high seas on its outer edge. The Coastal State exercises its sovereignty ove…
Continental Shelf – Meaning, Principle and Case Laws
Introduction The concept of continental shelf is mainly co-related with an exploitation of the natural resources from the sea adjacent to the territorial sea. This was one of the important developm…
Exclusive Economic Zone (EEZ)
Introduction Exclusive Economic Zone (EEZ) is comparatively a concept of recent origin. The concept of EEZ was initiated by Kenya in 1972 at the Geneva session of the UN Committee on Peaceful uses …
Principle of group liability – Common Intention, Common Object and Unlawful Assembly
Section 34 is an instance of constructive criminality, i.e. liability of all for the acts of one or some of them. Sections 149, 349 and 460 of IPC also deal with constructive criminality. The essen…
Culpable Homicide and Murder – Meaning and Difference
Homicide is the highest order bodily injury that can be inflicted on a human body. It has from earliest times been considered most heinous offences. The word comes from Latin where ‘homo’ means ‘ma…
Exceptions to Offence of Murder under Section 300 IPC
Clauses 1-4 of Section 300 provide the essential ingredients, wherein culpable homicide amounts to murder. Section 300 after laying down the cases in which culpable homicide becomes murder, states …
Rash or Negligent Act – Section 304A, IPC
Section 304A, IPC deals with homicide by rash and negligent act. It provides punishment for those cases which under English law are termed manslaughter by negligence. The original Penal Code had no…