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
What is the Doctrine of Lis Pendens under the Transfer of Property Act?
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.
What is the Doctrine of Part Performance under the Transfer of Property Act?
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.
Who is an Ostensible Owner under the Transfer of Property Act?
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.
What is the effect of conversion under Muslim Law?
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.
What are the Laws of Censorship in India for Print and Electronic Media?
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.
How does compelled speech in India navigate the intersection of media law and constitutional freedoms?
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).
What is the Doctrine of Lis Pendens under the Transfer of Property Act, 1882?
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.
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
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