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
Film censorship in India seeks to balance artistic freedom with societal norms. While the Constitution guarantees freedom of speech, it allows restrictions in the interest of public order, decency, and morality, with the CBFC acting as a regulatory body for this purpose.
The media serves as the fourth pillar of Indian democracy, playing a crucial role in ensuring transparency, accountability, and unbiased reporting, while facing challenges like censorship, bias, and misinformation.
The Doctrine of Lis Pendens, under Section 52 of the Transfer of Property Act, 1882, prevents property transfers during ongoing litigation. It ensures the disputed property's status remains unchanged, protecting litigants' rights and upholding judicial authority.
The Doctrine of Part Performance, under Section 53A of the Transfer of Property Act, 1882, protects transferees who act in good faith on an unregistered property agreement. It ensures fairness by barring transferors from denying rights after part performance of the contract.
An ostensible owner appears as the true owner with the real owner's consent but lacks actual ownership. Under Section 41 of the Transfer of Property Act, a good-faith purchaser relying on such ownership may acquire valid title, overriding the real owner's rights.
Religious conversion under Muslim law affects inheritance, marriage, maintenance, and guardianship. Apostasy dissolves a husband’s marriage, while a wife must seek divorce. Converts gain inheritance rights under Muslim law but lose them from non-Muslim relatives, balancing faith and legal status.
Censorship in India balances freedom of expression with societal harmony. It spans print, electronic, and digital media through laws like the Cinematograph Act and IT Rules, 2021. While it aims to uphold public order, concerns remain over its potential misuse and impact on creativity.
Islamic inheritance law, rooted in Quranic principles, ensures structured asset distribution among heirs, emphasizing tenants-in-common rights. Differences exist in Sunni and Shia laws, including doctrines like Radd and Aul.
Compelled speech in India challenges the balance between freedom of expression under Article 19(1)(a) and state-imposed mandates. Courts cautiously limit such mandates to public interest under Article 19(2).
The doctrine of lis pendens, under Section 52 of the Transfer of Property Act, 1882, prevents property transfers during litigation to safeguard legal proceedings and maintain the disputed property's status quo.
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.
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.
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.
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
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,
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