Preface Mistake in a contract is of two kinds. It may be a mistake of fact or a mistake of law. In both cases, the contract will become void. Relevant Provisions Sections 45-53 except 48 of the Contract Act, of 1872 deal with the mistake. Meaning of Mistake Any intentional act or omission … Read more
INTRODUCTION Waqf is an important social institution of Islam. It is the most important branch of Muhammad’s Law. It is a permanent dedication by a Muslim of some specific property for religious and pious purposes. Every Muslim of sound mind may dedicate his property by way of waqf. It may be made verbally or in … Read more
INTRODUCTION Abetment is a separate and distinct offence provided the thing abetted is an offence. It is an independent crime, i.e. to say that abetment does not in itself involve the actual commission of the crime abetted. It is a crime apart. RELEVANT PROVISIONS Sections 107 to 120 of P.P.C. 1860 deal with abetment. … Read more
INTRODUCTION A general and common concept is that a person can enjoy full control of his own property. He can exercise the full rights of ownership within the limits of his property. Sometimes, it also happens that a person can also enjoy the property of another person with full control. It is called Easement. The … Read more
Introduction Competency is the legal qualification, capacity, power, or fitness. It is the mental ability to understand the nature and effects of one’s acts. In the law of contract, competency means the eligibility or qualification of the parties entering into a contract. Relevant Provisions Sections 10 and 11 of the Contract Act, of 1872 … Read more
INTRODUCTION Will is a conferment of rights which is to effect after the death of the testator. A Muslim may make his will either orally or in writing and no formalities are required. A Muslim cannot, by will dispose of more than one-third of the surplus of his estate after payment of his funeral expenses … Read more
INTRODUCTION Criminal conspiracy means banding together for an evil purpose. No physical activity needs to be proven to have been done in pursuance of the conspiracy for holding a person liable under it. However, the mere manifestation of the criminal intent through criminal conspiracy is enough. RELEVANT PROVISIONS Sections 120A, 120B(1) and 120B(2) of … Read more
INTRODUCTION The easement is a right that the owner or occupier of certain land possesses as such for the beneficial enjoyment of that land, to do and continue to do something or to prevent and continue to prevent something being done in or upon or in respect of certain other lands not his own. There … Read more
Preface An agreement turns into a contract when it becomes enforceable at law. A contract is usually an exchange of promises between two or maybe more persons. It results in an obligation to do or refrain from doing a particular act. Relevant Provision Sections 2(h), 10, 11, 14, 17, and 23 of the Contract … Read more
INTRODUCTION A gift or Hiba is a transfer of property made immediately and without any exchange by one person to another and accepted by or on behalf of another. A Muhammadan may dispose of his whole property. The person who makes the gift is called the donor and to whom the gift is made is … Read more
INTRODUCTION Qatl means causing the death of a person. It is the killing of human beings by human beings. Fundamentally، qatl may be divided into two broad categories; lawful or unlawful. RELEVANT PROVISIONS Sections 300, 301 302, 303A 303B, 304, 305, 306, 307, 308. 313, 314, 315, 316, 317, 318 319, 320, 321, 322 … Read more
INTRODUCTION The Extinction of an easement is the legal termination or end of an easement, which is a right to use or access someone else’s property for a specific purpose and for a specific time. When an easement is extinguished, it means that the rights associated with it are permanently eliminated. This can occur through … Read more
Preface An agreement whose object or consideration is unlawful is considered void. A contract is always based on an agreement. An apparent agreement is not always a real agreement. One party may have deceived the other party or in some other way, there be no genuine consent. The parties may be laboring under a mistake … Read more
INTRODUCTION The right of guardianship of the minor belongs to the father and in his absence to nominate Where no one has been nominated then to the grandfather if he dies the right of his guardianship vests in the court. DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890. “Guardian means a … Read more
Introduction Contingent contracts are those types of contracts that depend on the happening or not happening of a future uncertain event. Here, we will see the situations when these agreements are enforced and when they become void, hence not enforceable by law. Relevant Provisions Sections 31-36 of the Contract Act, 1872. Meaning The … Read more
INTRODUCTION A person who accepts the office of guardianship actually undertakes to act on the terms imposed by the court of law. However, the guardian is bound by some duties and liabilities, under the Guardians and Wards Act, 1990. DEFINITION OF GUARDIAN According to Section 4(2) Guardians and Wards Act 1890: “Guardian means a … Read more
INTRODUCTION Defamation refers to the act of making false statements that harm the reputation of an individual or entity. It involves spreading falsehoods through spoken or written communication, such as slander (spoken defamation) or libel (written defamation). Defamation can result in serious legal consequences, as it infringes upon a person’s right to a good name … Read more
Introduction Appropriation of payments is the payment of a debt either in the sequence in which it is received or in any other recognized way. Sometimes, a debtor has to pay several debts to the same creditor and makes payment. Here, the question arises as to which of these, payment is to be applied. Sections … Read more
INTRODUCTION Inheritance is the transfer of legal ownership of a deceased’s assets to his heirs. The legal basis for the law of inheritance is found in Shariah, the Sayings of the Holy Prophet Mohammad (PBUH). Shariah is the primary source of Islamic law and is based mainly on the Quran and Sunnah. All Muslims living … Read more
Introduction When one of the contracting parties refuses or fails to perform his part or obligation which he has promised to perform, is a breach of contract. A breach may be one by non-performance, by repudiation, or by both. Every breach gives rise to a claim for damages & may also give rise to other … Read more
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