This is Harish Khan, Enrolled as an Advocate with the Bar Council of Delhi. Currently, working as Legal Manager at Blackbull Law House. Pursued B.B.A. LL.B (Hons) Specialised in Business Laws from Hi
Yellow journalism in India reflects sensationalism aimed at profits, often infringing on rights. While traditional media follows ethics, new media amplifies misinformation, requiring regulatory frameworks.
Investigative Journalism or Privacy Invasion? Legal Analysis of Sting Operations in India
Sting operations are key investigative tools that expose corruption but often clash with privacy rights. Balancing freedom of the press with ethical limits raises significant legal and moral questions in India.
Wakf is the permanent dedication of property for religious or charitable purposes under Muslim law, either by will or during the dedicator's life, and governed by statutory provisions.
Under Muslim law, guardianship (Wilayat) includes managing a minor's personal and property interests. Types include natural, testamentary, court-appointed, and de-facto guardians, prioritizing the child's welfare.
Muslim law mandates maintenance for dependents lacking self-support, prioritizing a wife's right over other relatives. Post-divorce, a fair provision is owed to a wife beyond the iddat, as upheld by Shah Bano's case.
Mubara’at is a form of Islamic divorce where both spouses mutually agree to end their marriage due to mutual dissatisfaction. Unlike Khula, it is initiated by either party and requires no compensation.
Who is a Muslim, and what are the key sources of Muslim law?
Muslim law in India stems from the Quran, Hadith, Ijma, and Qiyas. These primary sources, along with legislation, judicial decisions, and customs, create a balanced yet adaptable legal framework for Muslims.
Muta marriage, a temporary union in Shia law, sets a defined period and dower. While it provides legitimacy to children, it lacks mutual inheritance rights and maintenance unless specified in the agreement.
What is parentage and legitimacy under Muslim law?
Under Muslim law, parentage defines legal rights for children, focusing on legitimacy established through lawful marriage. Maternity is clear-cut, while paternity and legitimacy hinge on valid wedlock.
Talak in Muslim law includes express, implied, delegated, constructive, Khula, Mubara'at, and judicial divorce, offering various grounds and processes for dissolution.
Moral rights in copyright law, rooted in French “droit moral,” ensure that authors retain rights to protect the integrity and authorship of their work beyond economic rights, as highlighted in the Indian Copyright Act, 1957 (Section 57). Indian law aligns with international standards, including the
What is Idea-Expression dichotomy under copyright law?
The idea-expression dichotomy in copyright law protects only the specific expression of an idea, not the idea itself. This balance, upheld in cases like Baker v. Selden, fosters creativity by allowing creators to safeguard their work without monopolizing concepts.
Following the death of Prophet Muhammad, differences over leadership led to the formation of Sunni and Shia sects, each developing distinct schools of law within Islam. The Sunni sect comprises four main schools—Hanafi, Maliki, Shafi’i, and Hanbali—while the Shia sect includes Ithna Ashari, Ismaili,
What constitutes a valid marriage under Muslim law?
Under Muslim law, marriage, or Nikah, is seen as both a civil contract and a religious duty, structured around core principles like mutual consent, competency, and adherence to Islamic guidelines. Essential conditions for a valid marriage include proposal and acceptance, the free will of both partie
How do guardianship and parental rights prioritize the welfare of the child?
Guardianship and parental rights form a foundational aspect of family law, emphasizing the welfare of the child as the primary concern. Guided by principles like those in the Children Act 1989 in the UK and the Guardians and Wards Act, 1890 in India, decisions surrounding a child’s welfare prioritiz
What is the concept of ‘Deceptive Similarity’ in Trademark Law?
Deceptive similarity in trademark law refers to the likelihood of consumer confusion between two trademarks that are not identical but resemble each other closely. Defined under Section 2(1)(h) of the Trade Marks Act, 1999, it emphasizes that a mark can be considered deceptively similar if it is lik
Iddat, in Islamic law, is a waiting period a Muslim woman must observe after divorce or her husband’s death before remarrying. It serves to confirm paternity, allows for emotional healing, and respects societal norms. Duration varies: four months and ten days after a husband’s death, or three menstr
Understanding Faskh : Judicial Divorce Under Muslim Law
Faskh, or judicial divorce in Muslim law, enables a wife to seek marriage dissolution through specific grounds under the Dissolution of Muslim Marriages Act, 1939. Unlike a husband’s unilateral divorce power, faskh provides women recourse based on the husband’s absence, failure to maintain, imprison
The concept of dower (mahr) in Muslim law represents a mandatory sum or property the husband promises to provide to the wife upon marriage. Unlike a dowry, dower is a legal entitlement for the wife and remains valid even if unspecified at marriage. Dower can be classified as specified or proper, pro
Maintenance of Children and Aged Parents under the Hindu Adoption and Maintenance Act, 1956
The Hindu Adoption and Maintenance Act, 1956 (HAMA), obligates Hindus to provide for the maintenance of their children, including illegitimate ones, and their aged or infirm parents. Under Section 20, this duty extends to ensuring the provision of basic needs like food, clothing, and education. Both
The Concept of Spousal Maintenance under Hindu Law
Spousal maintenance under Hindu law is governed by the Hindu Marriage Act, 1955, Hindu Adoptions and Maintenance Act, 1956, and the Criminal Procedure Code, 1973. Both interim and permanent maintenance can be claimed by either spouse, with specific provisions for a wife under CrPC and HAMA. Courts c
Procedure for filing a trademark under the Trademark Act, 1999
The process of trademark registration in India, governed by the Trade Marks Act, 1999, involves several key steps to protect a brand’s identity. Any person claiming to be the proprietor of a trademark can apply for registration with the Registrar. Upon acceptance, the application is advertised for p
Passing Off action for Protection of the Trademark
Passing off is a legal remedy under common law that protects the goodwill of unregistered trademarks from being misrepresented by others. It occurs when one party falsely represents their goods or services as those of another, causing consumer confusion. Under Indian law, passing off is actionable e
Dowry v/s Stridhan: Legal Distinctions and Women’s Property Rights in India
Dowry and Stridhan, though both associated with marriage, are fundamentally distinct. Stridhan refers to a woman’s voluntary property rights, including gifts she receives, over which she has complete ownership. In contrast, dowry involves a coercive demand from the groom’s side, often leading to fin
In Muslim law, marriage (Nikah) is a legal contract based on mutual consent (Ijab-o-Qubool) between a man and woman. It legitimizes their union and establishes rights like dower (Mehr) and inheritance. Muslim marriages can be categorized as valid (Sahih), void (Batil), or irregular (Fasid), with eac