Preface Fraud is a misrepresentation that is made recklessly without belief in its truth to induce another person to act. Relevant Provisions Sections 17 and 19 of the Contract Act, of 1872 deal with fraud. Definition of Fraud According to Section 17 of the Contract Act, Fraud is defined as Fraud means and includes any … Read more
INTRODUCTION Under Islamic law, the husband is bound to maintain his wife. The woman in Islam is exempted from any financial earning liability. She is entitled to maintenance under Islamic law. RELEVANT PROVISIONS Section 369 of Muhammadan Law LITERAL MEANING Literally, the term maintenance means food, clothing, and lodging. In the Arabic Language, … Read more
INTRODUCTION General defences are those defences that are available to a person to protect himself in a situation of danger. These may be of body or property. There are several general defences available to individuals who are accused of committing a crime. RELEVANT PROVISIONS Sections 82, 83, 84, 85, 86, 76 & 79, 81, … Read more
INTRODUCTION Negligence is one of the main aspects of the tort law. Here, a person can claim damages or even injunctive relief. In these cases, the legal rights and the property of people are protected as also financial interests as well. In order to succeed in an action for negligence, it is necessary for a … Read more
Preface Misrepresentation is a false statement that the person making it honestly believed to be true, or that he does not know to be false. Relevant Provisions Sections 18 and 19 of the Contract Act, of 1872 deal with misrepresentation. Definition Misrepresentation is to say a misleading statement to someone. However, Section 18 … Read more
INTRODUCTION The right of private defence is provided to preserve one’s life or security and to prevent crime. The law does not want that a law-abiding person should live a cowardly life so the right of self-defence is provided in Pakistan Penal Code. RELEVANT PROVISIONS Sections 96, 97, 99, 100, 101, 102, 103, 104, … Read more
INTRODUCTION Vicarious liability is when one person or entity is held legally responsible for the actions or omissions of another person or entity. It does not indicate a distinct tort, but rather a process by which one person can be held liable for a recognized tort committed by another. It mainly arises in employer/employee and … Read more
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
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