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What is Law of Guardianship under Muslim law?
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.
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What is Law of Guardianship under Muslim law?
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.
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How do Hart and Fuller’s theories intersect in the analysis of law and morality?
Hart’s positivism argues that law is valid through procedural origins, independent of morality. Fuller’s natural law contends that ethical principles are essential to law’s legitimacy and social respect.
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What is Law of Maintenance under Muslim Law?
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.
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How does a comparative analysis of transfers by ostensible ownership differ from those by an unauthorized person who subsequently acquires interest?
Sections 41 and 43 of the Transfer of Property Act, 1882, protect transferees in good faith, focusing on ostensible ownership and unauthorized transfers, respectively, emphasizing reasonable care and representation.
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What are different forms of Government?
Governments shape society by how they distribute power and uphold citizen rights. This piece explores democracy, monarchy, authoritarianism, totalitarianism, and theocracy, examining their structures and impacts.
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What is Mubarat Divorce?
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.
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Regulation of combinations under the Competition Act, 2002: Balancing growth and fair competition
The Competition Act, 2002 regulates mergers and acquisitions to prevent monopolies, fostering market fairness. The CCI balances growth with competition, ensuring consumer welfare and economic efficiency.
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Regulatory Framework Relating to Books of Accounts of a Company under the Companies Act, 2013
Under the Companies Act, 2013, companies must maintain detailed books of accounts, either physically or electronically, to ensure transparency and accountability. Directors and CFOs hold responsibility for compliance.
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The Principle of Competence-Competence & the Jurisdiction of Arbitral Tribunals
The Kompetenz-Kompetenz principle grants arbitral tribunals authority to determine their own jurisdiction, including challenges to the validity of the arbitration agreement, minimizing court intervention.
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Are Government Companies considered a ‘State’ under Constitutional Law?
Government companies, often termed as "State" under Article 12 of the Indian Constitution, are subject to judicial review based on government control, public function, and alignment with state interests.
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What is the Concept and Process of Appeal in the Code of Civil Procedure (CPC)?
Appeals in the Indian Code of Civil Procedure enable dissatisfied parties to seek higher court review of lower court judgments, ensuring fairness. They must be statutory, pertain to judicial decrees, and involve aggrieved parties.
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What is Greenwashing? Why Do Sustainability Claims Need Regulation and Transparency?
Greenwashing misleads consumers with false eco-friendly claims, harming both trust and real sustainability. High-profile cases show why clear regulations and transparency are crucial for accountability.
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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.
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What is Muta Marriage?
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.
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What is the art of drafting pleadings, and how can it contribute to effective civil litigation?
Pleadings are written statements in civil cases outlining facts, claims, and defenses. They help clarify issues, guide the court, and ensure transparency, forming the basis for an organized and fair trial.
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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.
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How are the constitution, procedure, and objectives of the Central Consumer Protection Council defined?
The Central Consumer Protection Council (CCPC) in India safeguards consumer rights, promotes fair practices, and advises on policies. It fosters consumer safety, education, and ethical business practices nationwide.
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What is the difference between intra-territorial and extra-territorial jurisdiction of Indian criminal law?
This article analyzes intra-territorial and extra-territorial jurisdiction under the Indian Penal Code, detailing their definitions, applications, differences, and recent changes in the Bhartiya Nyaya Sanhita 2023.
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What are types of Divorce under Muslim Law?
Talak in Muslim law includes express, implied, delegated, constructive, Khula, Mubara'at, and judicial divorce, offering various grounds and processes for dissolution.
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What are Moral Rights under Copyright Law?
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
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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.
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What is the Legal Framework for Acceptance of Deposits by Non-Banking Companies?
The acceptance of deposits by non-banking companies in India is regulated to protect depositor interests and uphold financial stability. Governed by the Companies Act, 2013, and the Companies (Acceptance of Deposits) Rules, 2014, these regulations set stringent conditions, such as limits on deposit
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What are the different Schools of Muslim Law?
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,
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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
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How can the name and object clauses of a company be amended?
The name and object clauses in a company’s Memorandum of Association are fundamental to its identity and purpose, guiding its operations and strategic direction. Amendments to these clauses, often required for rebranding or expanding business objectives, are regulated under the Companies Act, 2013.