Important questions of Specific Relief Act, 1963 1. How would you introduce Specific Relief Act, 1963 to a new law student? 2. Write a note on 2018 Amendment of Specific Relief Act,1963. 3. What do you understand by “specific relief? Whether specific relief can be granted for enforcement of criminal law? (UPJS 2016) 4. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act? 5. What are the main points of difference between actions for possession under Section 5 and 6 of the Specific Relief Act? 6. A contracts to sell a piece of land to B for Rs. 20,000 and then puts him in possession of it. But he subsequently sells the same plot to C for Rs. 25,000. There upon C takes forcible possession of the property from B.Advise B as regards his remedies. 7. Explain the provisions relating to recovery of possession of a specific movable and immovable property under the Specific Relief Act, 1963. (RJS 2014) 8. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife “W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement as she was owner of one half share having devolved upon her on death of her son. In the notice she stated that she was not willing to sell her share and was ready to purchase the share of the vendor ‘H,. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor H’. The vendee files a suit for specific performance. Decide. (DJS 2011) 9. ‘A’ and “B’ enter into a contract to become partners in a shoe business. The contract does not specify the duration of the proposed partnership. “A changes his mind and backs out of the idea and so is no longer willing to perform the contract. B files a suit for specific performance of contract.Can such a contract be specifically enforced? Decide with reason. (DJS 2006) 10. Whether following contracts can be specifically enforced: (i) A contracts with B to sing for the latter for one year at B’s theater; ii) A contract of transfer of immovable property; (iii) A contract to sell a picture by a well known dead painter; (iv) A contract to charter an aeroplane; (v) A contract to refer a dispute to arbitration.(DJS 2005) 11. Will the following contracts be specifically enforceable if so, under what circumstances? (i) A contract to construct a building. ii) A contract to execute a mortgage. (iii) A contract to sell property to which the seller has no title at the time of the contract but which he acquires later on. 12. ‘A’ and “B’ enter into a contract to become partners in a shoe business. The contract does not specify the duration of the proposed partnership. “A changes his mind and backs out of the idea and so is no longer willing to perform the contract. B files a suit for specific performance of contract.Can such a contract be specifically enforced? Decide with reason. (DJS 2006) 13. ‘H’, the husband entered into an agreement to sell with the plaintiff for sale of a house for Rs. 1.10 crores. The vendee (the plaintiff) paid a sum of Rs. 11 lakhs as earnest money and the remaining amount of Rs. 99 lakhs was to be paid at the time of execution and registration of the sale deed. The vendor’s wife “W’ sent a notice to the vendee as well as the vendor ‘H’ calling upon them to cancel the agreement a s s h e w a s owner of one half share having devolved upon her on death of her son. In the notice she stated that s h e was not willing to sell her share and was ready to purchase the share of the vendor ‘H,. The vendee replied that the agreement was binding on her and the notice had been given in collusion with the vendor H’. The vendee files a suit for specific performance. Decide (DJS 2011) 14. What defence for defendant, in suit for Specific Relief based on contract, are available?Whether and if so in what cases the defence of (1) under hardship and (2) inadequacy of consideration may be treated as a good defence? (MPJS 2011) 15. What defence for defendant, in suit for Specific Relief based on contract, are available?Whether and if so in what cases the defence of (1) under hardship and (2) inadequacy of consideration may be treated as a good defence? (MPJS 2011) 16. Detail the circumstances under which specific performance of a contract can not be enforced. Can the following contracts be enforced: (i) A contract to execute a mortgage; ii) A contract to lend Rs. 2000/-; (iii) A contract to construct a building(UP 1982) 17. Distinguish between Rectification, Recission and Cancellation of instrument. 18. Enumerate cases in which the court may properly exercise discretion not to decree specific performance (MPJS 2014) 19. Whether a enforcement of a contract is obligatory or discretionary by a court? 20. A had agreed to sell his house to B for Rs. 15 lacs. Rs.5 lacs were paid as advance. After one month, further Rs. 5 lacs was paid and A put B in possession of the house and balance amount of Rs. 5 lacs was to be paid on completion of paper work and registration of contract which is decreed.Court allows B a period of 2 months to make the balance payment. However, B fails to make the payment of Rs. 5 lacs within the time allowed by the court decree.A then applies for…
Author: toahostinger
Modes of Dissolution of Marriage under Muslim Law Under Muslim law, marriage (Nikah) is considered a civil contract that can be dissolved through various modes. The dissolution of marriage can occur through natural causes, the act of parties, or judicial intervention. This article outlines the key methods recognized under Islamic law and statutory provisions applicable in India. 1. Dissolution by Death Marriage comes to an automatic end upon the death of the husband or wife. • If the wife dies, the husband is allowed to remarry immediately. • If the husband dies, the widow must observe an Iddat period: • Four months and ten days, or • Till delivery, if she is pregnant. 2. Dissolution by the Act of Parties Marriage may also be dissolved by the voluntary acts of the husband, the wife, or both by mutual consent. These include: A. By the Husband i. Talaq (Divorce by Husband) The word Talaq means “to release” or “to untie the knot.” It can be classified into the following types: a. Talaq-ul-Sunnat (Approved Form) This is in accordance with the traditions of the Prophet (PBUH) and includes: • Ahsan (Best form): • A single pronouncement during a period of purity (Tuhr). • No sexual intercourse during the Iddat period. • Becomes irrevocable after the Iddat expires. • Hasan (Good form): • Three pronouncements made in three successive periods of purity. • No intercourse during these intervals. • Becomes irrevocable after the third pronouncement. b. Talaq-ul-Biddat (Instant Triple Talaq) • Involves three pronouncements made at once. • Considered sinful and disapproved by jurists. • Not recognized by Shia law. • Declared unconstitutional by the Supreme Court in Shayara Bano v. Union of India (2017) for violating Article 14 of the Constitution. ii. Ila (Vow of Continence) • Husband vows not to have sexual relations for at least four months. • Marriage dissolves if the vow is not revoked before expiry. iii. Zihar (Injurious Comparison) • Husband compares wife with a woman in prohibited relationship (e.g., mother). • Wife can refuse cohabitation until the husband performs atonement: • Fasting for two months, • Feeding 60 poor persons, or • Freeing a slave. B. By the Wife i. Talaq-e-Tafweez (Delegated Divorce) • Husband may delegate the right to divorce to his wife or a third party. • Valid if the condition is reasonable and specific, e.g., wife can divorce if husband remarries or is cruel. C. By Mutual Consent i. Khula • Initiated by the wife. • She offers to return her dower (Mahr) or another consideration. • If accepted by the husband, the marriage is dissolved irrevocably. ii. Mubarat • Initiated mutually by both spouses. • Once the offer is accepted, divorce becomes irrevocable. • No consideration is necessary. ✓ In both Khula and Mubarat, the wife must observe the Iddat period. Reconciliation is only possible through fresh marriage. 3. Dissolution by Judicial Process A. Lian (Mutual Imprecation) • If the husband falsely accuses his wife of adultery, she can seek judicial divorce. B. Faskh (Judicial Annulment) Governed by the Dissolution of Muslim Marriages Act, 1939, especially Section 2, which allows a Muslim wife to obtain divorce on the following grounds: • Husband’s whereabouts unknown for 4 years. • No maintenance provided for 2 years. • Husband sentenced to 7 years or more in prison. • Failure to perform marital obligations for 3 years. • Impotency (if not cured within 1 year of court direction). • Husband is insane for 2 years or has a venereal disease. • Marriage occurred before age 15 and repudiated before 18 (if unconsummated). • Husband treats her with cruelty. • Any other valid ground under Muslim law. 🔹 Section 5 of the Act ensures that dissolution does *not affect the wife’s right to dower (Mahr). Legal Implications of Divorce under Muslim Law • Post-divorce, sexual intercourse becomes unlawful; any children from such relation are illegitimate. • Wife must observe Iddat before remarrying unless the marriage was not consummated. • Dower (Mahr): • Full amount if consummated. • Half, if not consummated. • Husband must provide maintenance during Iddat. • Inheritance rights continue until the divorce becomes final and irrevocable. Important Case Laws • Shayara Bano v. Union of India (2017) – Triple Talaq declared unconstitutional. • Juveria Abdul Majid Patni v. Atif Iqbal Mansoori (2014) – Khula initiated by wife cannot be refused by the husband, except for reasonable negotiation. Frequently Asked Questions (FAQs) Q1. Is Triple Talaq valid under Muslim law in India? ➡️ No. It was declared unconstitutional in Shayara Bano v. Union of India (2017). Q2. What is the difference between Khula and Mubarat? ➡️ Khula is initiated by the wife with compensation; Mubarat is by mutual consent without necessarily offering consideration. Q3. Can a Muslim wife divorce her husband without his consent? ➡️ Yes, under Talaq-e-Tafweez or through court under the Dissolution of Muslim Marriages Act, 1939. Q4. Is Talaq by Zihar still practiced? ➡️ It is rarely practiced and considered outdated but still valid under classical Islamic law. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Most Important Questions on Indian Constitution for judiciary Mains: Q.1 What is Constitution? • How would you introduce Indian Constitution to a new law student? • What is the difference between Indian Constitution and other laws of the country? Q.2 State briefly the salient features of the Government of India Act, 1935. • What were its main defects? Q.3 “The Indian Constitution is Federal in form but unitary in substance”. • Comment. (UPJS 2003) Q.4 Write a short note on Preamble to the Constitution of India. • Discuss the secular character of the Indian Constitution. Q.5 What is the procedure of formation of states in India? Q.6 What do you understand by fundamental rights? • How do they differ from other rights? • Are they amendable? Refer to important Supreme Court decisions on the subject. Q.7 Is the right to property a fundamental right? (RJS 1984) Q.8 Briefly discuss the applicability of doctrine of severability under Article 13(1) of the Constitution of India. (RJS 2015) Q.9 Can Parliament amend Part III of the Constitution of India relating to Fundamental Rights? (UPJS 2016) Q.10 What do you understand by Judicial Review? • What is the effect of Article 13 on pre-constitutional laws and post-constitutional laws? • Explain with the help of decided cases. (UPJS 2013) Q.11 Write a short note on “Basic Structure Doctrine”. Q.12 Write a short note on Equality before law and equal protection of laws. Q.13 “Arbitrariness is antithesis to Article 14 of the Constitution of India”. • Elaborate. (RJS 2015) Q.14 “Arbitrariness and equality are sworn enemies”. • Explain. (UPJS 2003) Q.15 What should be the basis and limit of reservation of post in Government service? • Support your answer with relevant case law. Q.16 Section 144 CrPC imposed in Patna prohibits speeches. • A citizen disobeys it. Can he invoke Article 19 – Freedom of Speech? • Discuss the constitutional guarantee and its limitations. Q.17 “Freedom of speech can be restricted only in the interest of… • security of the state, public order, morality, defamation, etc.” • Elucidate with case laws on freedom of press. (UPJS 2015) Q.18 Write a note regarding involuntary subjection of a person to narco-analysis, polygraph, and brain mapping tests. • Refer to latest Supreme Court judgments. (RJS 2016) Q.19 Accused in a rape case refuses DNA profiling. • Can he claim protection under Article 20(3) – self-incrimination and Article 21 – right to privacy? • Decide the police application. (DJS 2006) Q.20 What is Double Jeopardy? Explain. (MPJS 2003) Q.21 Trace the development of the Fundamental Right to Life and Personal Liberty from 1950 to present. • What are the current contents of this right? Q.22 “Right to privacy is now fully recognised as a Fundamental Right in India”. • Explain. Q.23 Write a short essay on constitutional protection against Preventive Detention under Article 22. Q.24 “Secularism is often mistaken as non-religious.” • Explain the concept in light of Freedom of Religion. (UPJS 2006) Q.25 What is the constitutional concept of Minority? • What are the constitutionally guaranteed minority rights? Refer to case law. Q.26 What remedies can be enforced under Article 32 of the Constitution of India? (RJS 1986) Q.27 “A declaration of fundamental rights is meaningless unless there is an effective judicial remedy.” • Comment and explain judicial remedies under Indian Constitution. (UPJS 2016) Q.28 Write a critical essay on the relationship between Fundamental Rights and Directive Principles. (BJS 2017) Q.29 Are the Directive Principles of State Policy enforceable? (RJS 1984) Q.30 What provisions secure independence and impartiality of the judiciary in India? • Refer to important Supreme Court judgments. (UPJS 2016) Q.31 Describe the Fundamental Duties prescribed under Article 51A. (MPJS 2013) Q.32 Write a comprehensive note on Constitutional position of the Indian President before and after the 42nd Amendment Act. (BJS 1977) Q.33 Discuss the utility of the ‘anti-defection law’ in light of recent political developments. (UPJS 2006) Q.34 Is certification of a Bill by the Deputy Speaker valid? (BJS 1975) Q.35 What is a ‘Money Bill’? • What is the special procedure regarding Money Bills under the Constitution? (BJS 1978) Q.36 Whether a jurist can be appointed as a judge of the Supreme Court directly? (RJS 1984) Q.37 Write an essay on ‘Advisory Jurisdiction’ of the Supreme Court. • Discuss any one opinion under Article 143(1). (BJS 1979) Q.38 Discuss the original jurisdiction of the Supreme Court of India. (BJS 2000) Q.39 Discuss the powers of the President to consult the Supreme Court under Article 143. • Can the Supreme Court decline a reference? (UPJS 2003) Q.40 Discuss the following: (a) Public Interest Litigation (PIL) (BJS 2000) Q.41 What is the term of office of a member of State Legislative Council? (RJS 1986) Q.42 When can a Governor promulgate ordinances? (RJS 1986) Q.43 Who can transfer a judge of a High Court to any other High Court? (RJS 1988) Q.44 What are writs? • Discuss all the writs provided under the Indian Constitution. Q.45 Write a short note on Power of the High Courts to issue writs, directions and orders. (RJS 2014) Q.46 (a) State the circumstances under which Union Parliament can legislate on State List subjects. (b) Examine the significance of the rule of pith and substance in resolving conflicts between Union and State List entries. (BJS 1986) Q.47 What do you understand by Subordinate Legislation? (RJS 1986) Q.48 Explain relations between the Union and the States in legislative matters with reference to relevant Articles. (UPJS 2016) Q.49 What is the nature of the ‘Right to Property’ under the Indian Constitution?(RJS 2001) Q.50 What do you understand by the term ‘Act of State’? • How would you prove the fact of an Act of…
Mehr (Dower) in Muslim Law -Definition, Nature, Importance & Legal Aspects: Mehr, also known as dower, is an essential element of a Muslim marriage. It reflects the respect and responsibility of the husband towards his wife and is a legal obligation under Islamic law. This article explores the definition, nature, types, subject matter, and legal remedies related to Mehr or Mahr in Muslim law. • Definition of Mehr (Dower) Mulla defines dower as: “A sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage.” According to K.P. Saxena: “Dower is a sum of money or any property promised by the husband to be paid to the wife as a mark of respect for the surrender of her person after the marriage contract.” ∆ Nature and Importance of Dower ✓ Islamic scholars and jurists differ on the exact nature of dower: • Justice Mitter in Saburannessa v. Sabdur Sheikh observed that marriage under Muslim law is a civil contract, but not like a contract of sale. • Fitzgerald rejected the view of dower being the bride’s price. • Baillie and Abdur Rahim emphasized that dower is an obligation imposed by law as a mark of respect for the wife. • Hedaya mentions: “Dower is enjoined by law as a token of respect for its object — the woman.” ✓ Dower is not a consideration for marriage but a symbol of honor and protection. ∆ Objectives of Dower in Muslim Law 1. To honor the wife by imposing a financial obligation on the husband. 2. To check arbitrary use of divorce by the husband. 3. To support the wife after dissolution of marriage (by death or divorce). ∆ Subject Matter of Dower Anything recognized as property can be a valid subject of dower. Examples include: • A handful of dates (Abu Daud) • A pair of shoes (Tirmizi) • Husband’s services (if he is a slave or agrees to serve) • Teaching the Quran (Traditions) ∆ Minimum & Maximum Amount of Dower • Hanafis: Minimum – 10 dirhams • Malikis: Minimum – 3 dirhams • Shafiis & Shias: No minimum ✓ Some Shia sects prefer not to exceed 500 dirhams, the amount fixed for Fatima (RA), daughter of Prophet Muhammad ﷺ. ∆ Types of Dower (Mehr) 1. Specified Dower (Mehr-i-Musamma) • Agreed upon at the time of marriage or after. • Subdivided into: • Prompt (Mehr Mu’ajjal) – Payable immediately on demand • Deferred (Mehr Mu’wajjal) – Payable on dissolution of marriage Note: • If no mention is made of prompt or deferred, Shia Law treats the entire dower as prompt, while Sunni Law refers to custom or status to divide the amount. 2. Unspecified Dower (Mehr-i-Misl) • Not fixed during or after marriage. • Determined based on: • Social status of wife’s family • Her age, beauty, intellect, character • Comparison with dowers of her female relatives • Conditions for Payment of Dower 1. If marriage is consummated & ends by death: • Full specified dower or proper dower is payable. 2. If marriage not consummated & ends by divorce: • Husband must pay half of specified dower (regular marriage). • If unspecified, a present of three articles is enough. 3. If wife seeks divorce or marriage is irregular: • No dower is payable. • Legal Remedies for Non-Payment of Dower 1. Right to Refuse Cohabitation • Before consummation, wife can refuse to live or cohabit until prompt dower is paid. • Court will not enforce conjugal rights unless dower is paid. (Case: Nasra Begum v. Rizwan Ali, AIR 1980 All 118) 2. Dower as Debt • Dower is treated as a legal debt. • Wife has equal rights with other creditors after husband’s death. (Case: Ameeroon Nissa v. Moorad Unnissa, 1855) 3. Right of Retention • Widow who lawfully possesses husband’s property can retain it until dower is paid. • She cannot transfer/sell the property. (Case: Maina Bibi v. Chaudhary Vakil Ahmad, 1925) • Conclusion Mehr is not merely a financial transaction; it is a moral, social, and legal obligation in Islam. It reflects the dignity of women, secures their future, and serves as a check on irresponsible marital behavior. Islamic law provides comprehensive safeguards to ensure that women are not deprived of their lawful rights. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Important Questions on the Transfer of Property Act, 1882 The Transfer of Property Act, 1882 (TPA) is a significant legislation governing the transfer of property between living persons. Below are important and frequently asked questions for judicial services and other competitive exams, categorized for clarity: Short Notes-Based Questions 1. Write short notes on the following: • (a) Attestation • (b) Immovable Property • (c) Notice • (d) Actionable Claim • (e) Transfer of Property • (f) Gift Basic & Introductory Questions 2. What is “property” under the Transfer of Property Act, 1882? 3. How would you introduce the TPA to a new law student? 4. Define: • (a) Immovable property • (b) Attached to the earth • (c) Transfer of property Conceptual & Case Law-Based Questions 5. What is a transfer of property? • Is partition a transfer of property? • Discuss with the help of relevant case laws. 6. Eviction Petition Case Study X rents a room to Y for ₹3000/month for 3 years with 10% yearly rent hike. Before the third-year hike activates, X files for eviction under the Delhi Rent Control Act, 1958, claiming widowhood and personal necessity. Y contests jurisdiction, citing future rent increase would breach the Act’s ₹3500 limit.Can X maintain the eviction petition? Women’s Rights & Restrictions 7. Can a Pardanashin lady enter into a contract for the transfer of property? • What must the transferee prove in court? Bye-Laws vs. Statutory Law 8. “M”, a housing society member, sells a plot to “D”, a non-member. • The society bye-laws prohibit such a transfer. • M claims this restriction violates Section 10 of TPA. Decide the legality of this transfer. Exceptions & Doctrines 9. Does TPA allow exceptions to the rule: “No person can transfer a better title than he has”? • Justify with examples. 10. State the rule of transfer for the benefit of an unborn person with examples. Short Notes – Doctrinal Concepts 11. Write short notes on: • (a) Tenancy at Will • (b) Exchange • (c) Transfer by Act of Parties • (d) Restraint on Transfer (Section 10) • (e) Doctrine of Holding Out • (f) Lis Pendens • (g) Onerous Gift • (h) Determination of Lease • (i) Redeem Up, Foreclose Down • (j) Foreclosure • (k) Mortgage by Conditional Sale • (l) Subrogation Perpetuity & Interests 12. What is the Rule against Perpetuity (Section 14)? • How does it impact future sale agreements? 13. Vesting postponed until an event happens—explain exceptions to this rule. 14. Explain the Rule against Double Possibilities. • Can a valid transfer be made to an unborn person? What are the conditions? 15. Can a vested interest be created in favour of an unborn person? 16. Define and differentiate: • (a) Vested Interest • (b) Contingent Interest • (c) Conditional Transfer 17. Difference between Condition Precedent and Condition Subsequent. Advanced Doctrines 18. Doctrine of Cypres 19. Doctrine of Election and its exceptions 20. Explain: “No one can approbate and reprobate simultaneously” Ostensible Ownership & Estoppel 21. Who is an Ostensible Owner? • When is the transfer by ostensible owner binding? 22. Explain Feeding the Grant by Estoppel Lis Pendens & Execution Transfers 23. What is the doctrine of lis pendens? • Is it applicable: • (a) When a judgment debtor sells the property during execution? • (b) Where transfer was based on pre-existing rights? Fraud & Void Transfers 24. D satisfies debt of one creditor (C) by transferring all his property, leaving others (A & B) unpaid. • Can A and B declare the transfer void? 25. Law relating to Fraudulent Transfers. Doctrine of Part-Performance (Section 53-A) 26. What is the doctrine of part-performance incorporated in Section 53-A of the T.P. Act? 27. State and explain, giving suitable illustrations. Sale, Mortgage & Charge 28. Section 53-A of the Transfer of Property Act does not confer “title”. It enables a person without title to defend his “possession”. 29. Do you agree with the above statement? Give reasons for your answer with the help of decided cases. 30. Define the expression ‘Sale’, ‘Mortgage’ and ‘Mortgager’. 31. Distinguish between sale and exchange 32. What is sale? How is it effected? Whether a contract for sale itself create any interest in or charge on such property? 33. What is sale? Explain. Describe the rights and liabilities of a seller. 34. What are the rights and liabilities of buyer and seller under the Transfer of Property Act, 1882? 35. Explain the Doctrine ‘Once a mortgage always a mortgage’, and what do you mean by ‘clog on equity of redemption’. 36. Types of Mortgages 37. Distinction: Mortgage vs. Charge Mortgaged Property & Defenses 38. A mortgages property, B adds a second floor, A dies. Later, A’s son claims it belongs to a deity. • What defences are available to B? 39. Mutual rights and liabilities of Mortgagor and Mortgagee 40. What is the meaning of right of redemption? Who can exercise the right? Can the right be curtailed by a agreement between the parties? Discuss. 41. What do you understand by ‘clog on redemption’? Answer with illustrations. Does taking collateral benefit amount to clog on redemption? Examine the Indian position. 42. Explain with the help of illustration the doctrines of ‘Marshalling’ and ‘Contribution’. In case there is a conflict between these two then which doctrine shall prevail? [RJS 1988] 43. Explain these doctrines with illustrations. 44. Define Subrogation Gift – Essentials & Suspension 45. What are the formalities necessary for a valid gift by a Hindu, a Mohammedan and a Christian? 46. Define ‘Gift. What are the essentials of a ‘valid gift? When can a ‘gift’ be suspended or revoked? Discuss with the help of decided cases. 47. Define Actionable Claim and discuss the mode under Transfer of Property Act. 48. When may a gift be suspended or revoked? Can a Donor revoke a gift made by him after delivery of the Deed but before its Registration? Give reasons in support of your answer. Lease – Creation, Rights, Forfeiture…
Muslim Marriage under Muslim Law: Nature, Essentials & Legal Implications Meaning and Nature of Muslim Marriage The Arabic word “Nikah” literally means union of sexes, but in law, it refers to marriage. According to Baillie’s Digest, marriage is “a contract for the purpose of legalising sexual intercourse and procreation of children.” As per Ameer Ali, it is an institution for the protection of society and a shield against unlawful desires. Abdur Rahim describes Muslim marriage as having both the nature of ‘Ibadat (devotion) and Muamalat (dealings). In the landmark case Abdul Kadir v. Salima (1886), Justice Mahmood observed: “Marriage among Muhammadans is not a sacrament but purely a civil contract.” Yet, Prophetic traditions (Ahadith) add a spiritual dimension: • “He who marries completes half of his religion.” • “Three persons Allah helps: one who marries to safeguard chastity…” Thus, while contractual in form, Muslim marriage also has religious value. Essentials of a Valid Muslim Marriage 1. Proposal (Ijab) and Acceptance (Qubul) must be made in one sitting. 2. Both parties must be sane, adult (baligh) and capable of contracting. 3. Free consent of the parties is essential. 4. In Sunni law, two male or one male and two female witnesses must be present. 5. No religious rituals or written documentation are mandatory, though Kabinama (marriage deed) is often used. Capacity for Marriage • Puberty (usually presumed at 15 years) marks the age of majority in Muslim law. • Governed by personal law, not the Indian Majority Act, 1875. • However, the Prohibition of Child Marriage Act, 2006 applies—marriage under 18 (girls) and 21 (boys) is voidable, not void. Option of Puberty (Khyar-ul-Bulugh) A minor married by a guardian can repudiate the marriage upon reaching puberty if: • Marriage occurred before 15, • Repudiation is done before 18, • Marriage is not consummated. This right is protected under the Dissolution of Muslim Marriage Act, 1939. Legal Effects of Valid Marriage 1. Sexual intercourse becomes lawful 2. Children are legitimate 3. Wife entitled to dower (mahr) and maintenance 4. Husband gains right to restrain wife’s movement reasonably 5. Mutual inheritance rights arise 6. Iddat becomes mandatory upon divorce/death 7. Any agreements in the Kabinama are enforceable 8. No right in each other’s property 9. Marriage gives rise to affinity prohibitions Types of Muslim Marriages Sunni Law • Valid (Sahih) – fulfills all legal conditions • Void (Batil) – prohibited by consanguinity, affinity, or fosterage • Irregular (Fasid) – temporary bars like no witnesses, interfaith, during iddat, etc. Shia Law • Marriage is either Valid or Void; no category of “irregular”. Prohibited Marriages A. Absolutely Prohibited (Void/Batil) • Blood relations (e.g. mother, sister) • Affinal relations (e.g. wife’s daughter) • Foster relations (e.g. foster-sister) B. Relatively Prohibited (Irregular/Fasid) • Polygamy exceeding 4 wives • Marrying a woman in iddat • Marrying without witnesses (Sunni law) • Interfaith marriages (Muslim woman with non-Muslim is void; Muslim man with non-Kitabia is irregular) C. Prohibitory Incapacity • Polyandry (woman marrying second time while first husband lives) • Marriage of Muslim woman with non-Muslim man • Marriage of minor without guardian’s authority D. Directory Incapacity • Marrying pregnant woman by another man • Marriage during pilgrimage (Ihram state) • Marriage with a terminally ill person Legal Conditions in Marriage (Kabinama) Valid Conditions: • Husband to maintain wife • Prevent second marriage • Fix place of residence • Delay consummation • Stipulation for divorce on misconduct Illegal Conditions: • Wife living permanently with parents • Pre-agreement for divorce • Binding husband not to divorce • Denial of inheritance rights or maintenance Guardianship (Jabr) Under Sunni law, marriage of a minor can be contracted by: 1. Father 2. Grandfather 3. Male relatives 4. Mother 5. Maternal relatives 6. State Under Shia law, only father and grandfather can act as guardians. Conclusion: Muslim marriage is more than a civil contract. It is a legal, social, and spiritual bond governed by both Shariah and personal law statutes in India. While it contains contractual elements, its religious essence cannot be denied. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Most Important Questions of Code of Civil Procedure, 1908 for Mains Judiciary 1. Define the followings: a. Decree-holder b. Legal representative c. Judgement-debtor d. Mesne profits e. Public officer 2. How will you introduce CPC to a new law student? 3. What do you understand by the pecuniary jurisdiction of a court? Will a court be competent to hear a suit exceeding , limits if the parties to the suit have given their consent? 4. Define decree. And which orders are not included in the definition of decree. Are the following orders are decree: a. an order dismissing a suit in default b. an order imposing cost c. an order rejecting the plaint 5. Distinguish between a. Decree and order b. Preliminary decree and final decree c. Illegal decree and void decree d. Decree and judgement e. Judgement and order 6. What is preliminary decree and in what cases such decree is passed? Can two preliminary decree be passed in a suit? Can two final decrees be passed in one suit? 7. What do you understand by a ‘suit of a civil nature? 8. What is meant by jurisdiction of a civil court? 9. How will you decide that a suit is of a civil nature? Are the following suits of civil nature: (i) Right to take out religious procession. (ii) Right to franchise (iii) Right of Pardanasheen lady to observe Parda (iv) Contribution of fund for holding festival. (v) The right of priest to worship in the temple. (vi) Expulsion of a member from his caste. (vii) Suits for specific relief (viii) Suits for dissolution of partnership 10. What is res judicata? Discuss the conditions necessary for its application in legal proceedings. Whether the principle of res judicata applies between two stages in the same litigation? Whether the provisions contained in the code of civil procedure are exhaustive ? Whether the principle of res judicata applies to execution proceedings? When a judgement operates as res judicata between co-defendants? 11. Write the differences between the followings: •res judicata and estopple, •res judicata and res subjudice, •res judicata and constructive res judicata 12. What do you understand by the principle of ‘conclusiveness of judgement is a rule of estoppel’? 13. What is doctrine of res sub judice as provided in section 10 of Code of Civil Procedure ? When can this doctrine be applied ? 14. A litigant filed a complaint before the Bar Council of Delhi against his advocate alleging negligence. This complaint was dismissed. Aggrieved against dismissal order of State Bar Council, A filed revision before Bar Council of India. This revision was also dismissed on merits by speaking order. Subsequently, A filed a civil suit for damages based on negligence of B. If decision of Bar Council of India will operate as resjudicata in this suit? Discuss the law and decide with reasons. (DJS 2006) 15. B and ‘S’ were defendants in a suit filed on the original side of the High Court for recovery of possession of the suit property. The suit was dismissed by the Single Judge and the Plaintiff carried an appeal to a Division Bench. In the appeal, both ‘B’ and ‘S were respondents. The Division Bench allowed the appeal. AS respondents before the Division Bench, both B’ and “S’ were aggrieved by the decree against them. “B1, the present Appellant, filed an SLP and thereafter ‘S’ also filed an SLP. Both in the matter of filing the SLP and granting of leave, ‘B’s appeal was prior. The appeal filed by ‘S was dismissed for default for non-removal of office objections.It was contended by the Respondent-plaintiffs before theSupreme Court that inasmuch as the appeal filed by ‘S’ was dismissed by the Supreme Court for non-prosecution, thejudgment of the Division Bench of the High Court would operate as res judicata. It was urged that the judgment and decree had become final against ‘B and all other defendants in the original suit. It was further contended that even otherwise the appeal should be dismissed as it may result In conflicting decrees. That is, if the present appeal’ were allowed, resulting in setting aside the decree or making any modification thereof,It would result in the anomalous situation of there being conflicting decrees between the same parties, arising out of the same cause of action.Whether the plea of the Respondent-plaintitts that principles of res judicata will apply to bar the appeal as not tenable?(DJS 2007) 16. The legislature and judiciary have taken several steps to reduce multiplicity of suits and harassment of defendants again and again under Civil Procedure Code, 1908. Discuss the above statement with reference to sections 10, 11, 12 and Order 2 rule 2 of the Civil Procedure Code, 1980. 17. What is a foreign judgement under what circumstances is it conclusive when and how a decree of any foreign court can be executed in India ? 18. Enumerate the provisions by which place of Suing is determined under CPC. And discuss those provisions of Civil Procedure Code which are applied in determination of forum for filing a suit relating to immovable property. 19. ‘A’ is a tradesman in Calcutta. ‘B’ carries on business in Delhi. ‘B’ by his agent in Calcutta, buys goods of ‘A’ and request ‘A’ to deliver them to the railway. ‘A’ delivers the goods accordingly in Calcutta. At what place ‘A’ can sue ‘B’ for the price of the goods? (RJS 1986) 20. Under what conditions, the objection as to the place of suing can be allowed by any appellate or revisional court? 21. A supplied goods at Mumbai to a company having its principal office at Mumbai and branch offices throughout the country, including Delhi. Since B failed to pay the price of the goods, A filed a suit in Delhi, for recovery of price of goods, on the ground that B was also carrying on business at Delhi and therefore Delhi Court also had jurisdiction to try the suit. Decide. (DJS 2005) 22. A resides at Shimla….
Schools of Muslim Law (Madhahib): An In-Depth Overview: •Introduction The schools of Muslim law, also known as Madhahib (singular: Madhhab), represent diverse interpretations of Islamic jurisprudence developed by prominent scholars. Rooted in the Quran, Sunnah, Ijma (consensus), and Qiyas (analogy), these schools provide frameworks for legal reasoning (ijtihad) across various regions and cultures of the Muslim world. ✓ Factors Behind the Formation of Schools • Several key factors contributed to the emergence of different schools of Muslim law: 1. Geographical Spread As Islam expanded into different parts of the world, scholars adapted legal rulings to local customs and cultural practices. These adaptations resulted in the formation of regionally distinct madhahib. 2. Legal Reasoning (Ijtihad) Early Islamic scholars practiced ijtihad, deriving rulings independently from the Qur’an and Sunnah. Their varied approaches and methodologies gave birth to different schools of thought. 3. Diverse Juridical Methods Each madhhab developed its own principles of interpreting Shariah sources: • Hanafi: Emphasized istihsan (juristic preference) and custom • Maliki: Gave weight to the practice of the people of Madinah • Shafi’i: Focused on qiyas (analogy) and systemized legal theory • Hanbali: Followed textual evidence strictly and minimally used analogy • The Four Major Sunni Schools of Law: 1. The Hanafi School Founder: Imam Abu Hanifa (699–767 CE) Region: Widely followed in India, Pakistan, Turkey, Afghanistan, Egypt, and parts of Central Asia. Key Features: • Relatively less dependence on Hadith unless they are of unquestionable authenticity • Strong emphasis on Qiyas (analogy) • Introduction of Istihsan (juristic preference) for fairness in unique cases • Broader scope of Ijma (consensus) Notable Students: Imam Abu Yusuf, Imam Muhammad al-Shaybani — instrumental in spreading and documenting Hanafi jurisprudence. Fun Fact: The Hanafi school is followed by over one-third of Muslims worldwide. 2. The Maliki School Founder: Imam Malik ibn Anas (711–795 CE) Region: North and West Africa, Bahrain, Kuwait, and parts of the Arabian Peninsula. Key Features: • Strong reliance on traditions of the Prophet (Hadith) • Acceptance of Amal Ahl al-Madinah (practice of the people of Madinah) as a legal source • Use of al-Masalih al-Mursalah (public welfare) — a unique principle • Limited use of Qiyas only when no clear text exists Legacy: Imam Malik’s Muwatta is one of the earliest and most authentic collections of Hadith. 3. The Shafi’i School Founder: Imam al-Shafi’i (767–820 CE) Region: Egypt, parts of Syria, Lebanon, Indonesia, Malaysia, Yemen, Palestine, and East Africa. Key Features: • Clear hierarchy of sources: Qur’an → Sunnah → Ijma → Qiyas • Rejected Istihsan (Hanafi) and Masalih Mursalah (Maliki) • Emphasis on legal methodology — authored Al-Risalah, a foundational book in Usul al-Fiqh (principles of Islamic jurisprudence) Notable Pupil: Ahmad ibn Hanbal, who later founded his own school. ∆ Known for its balance between textual evidence and rational deduction. 4. The Hanbali School Founder: Imam Ahmad ibn Hanbal (780–855 CE) Region: Saudi Arabia (official school), parts of Syria, Iraq, and the Gulf. Key Features: • Strict adherence to Qur’an and Sunnah • Use of weak (da’if) Hadith when necessary • Restrictive use of Qiyas and Ijma • Rejected analogical and public interest reasoning unless absolutely needed Hanbali school forms the legal foundation of Saudi Arabia’s modern legal system. Extinct Sunni Schools Although four schools survived and flourished, some others became extinct over time: • Awzai School – Prominent in 2nd century AH • Zahiri School – Rejected analogy and relied solely on literal texts • Tabari School – Formed by historian and jurist Al-Tabari • Final Thoughts: Why Understanding Madhahib Matters The diversity of Sunni schools of Muslim law reflects the intellectual richness of early Islamic jurisprudence. Each school emerged from sincere efforts to apply divine guidance in different social contexts. Though distinct, they all remain united in core beliefs and reverence for the Qur’an and Sunnah. ✓Start Your Preparation with TOA At Theory of Abrogation,we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success.” ✓ Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 +91 9971399324 | +91 8840961324 [email protected]
Sources of Muslim law •Introduction to Muslim Law Muslim Law, also known as Islamic Law or Shariah, is a divine legal system based on the commands of Allah ﷻ and the teachings of Prophet Muhammad ﷺ. Its authority is derived from both revelation and reasoning.The sources of Muslim law are broadly categorized into two types: •Categories of Sources of Muslim Law A.Primary Sources of Muslim Law These are the divine and foundational sources considered authoritative by the Prophet ﷺ himself: 1.Quran – The Word of Allah • Composed of 114 Surahs and approximately 6237 verses (Ayats). • Only around 200 verses relate directly to legal matters. • Deals with issues like inheritance, marriage, punishment, and social reforms. • Regarded as the first and most important source of Islamic Law. • Not a complete code, but more like an amending act (Tyabji). Shayara Bano v. Union of India (2017) 9 SCC 1 • Issue: Constitutionality of Triple Talaq (Talaq-e-Biddat) • Held: Supreme Court declared instant triple talaq unconstitutional as it has no basis in the Quran and violates fundamental rights. 2. Hadith / Sunnah – Implied Revelation • Based on the sayings, actions, and approvals of Prophet Muhammad ﷺ. • Three types of Sunnah: • Sunnat-ul-Qaul – Sayings • Sunnat-ul-Fail – Actions • Sunnat-ul-Taqrir – Silent approvals • Classified into: • Mutawatir – Widely accepted • Mashhoorah – Known but not universal • Wahid – Narrated by few Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556 • Issue: Maintenance of a divorced Muslim woman under Section 125 CrPC • Held: Court interpreted Quranic verses and Hadith to affirm that maintenance is an obligation, even beyond iddat, unless properly settled. 3. Ijma – Consensus of Jurists • Defined as consensus among qualified Islamic scholars (Mujtahids). • Types of Ijma: • Ijma of Companions – Binding and irreversible • Ijma of Jurists – Based on reasoning • Ijma of the People – Lesser significance • Backed by Hadith: “My followers will never agree on something wrong.” Masroor Ahmed v. State (NCT of Delhi), 2008 (103) DRJ 137 • Issue: Validity of oral talaq without witnesses • Held: Delhi High Court referred to the Ijma of jurists and classical scholars to say unilateral oral talaq without reasonable cause or attempt at reconciliation is invalid. 4. Qiyas – Analogical Deduction • Derives law by analogy when Quran, Sunnah, and Ijma don’t apply directly. • Must not contradict primary sources. • Supports Islamic adaptability and reasoning. • Correctives to Qiyas: • Istihsan – Juristic preference • Istidlal – Consideration of public good Daniel Latifi v. Union of India (2001) 7 SCC 740 • Issue: Interpretation of Muslim Women (Protection of Rights on Divorce) Act, 1986 • Held: Applied reasoning (Qiyas) to conclude that the law ensures fair and reasonable provision for a divorced woman, consistent with Quranic values. B.Secondary Sources of Muslim Law These are supplementary sources that aid in interpretation and application of the primary texts: 1. Custom (Urf) • Only accepted if not contradictory to the Quran or Sunnah. • Abolished in matters like marriage, inheritance, divorce via Shariat Act, 1937. 2. Judicial Precedents • Decisions from Indian High Courts, Supreme Court, and Privy Council. • These interpretations shape modern Muslim law in India. 3. Legislation Some notable acts modifying Muslim Law in India include: • Shariat Act, 1937 • Dissolution of Muslim Marriages Act, 1939 • Muslim Women (Protection of Rights on Divorce) Act, 1986 • Prohibition of Child Marriage Act, 2006 • Muslim Women (Protection of Rights on Marriage) Act, 2019 4.Justice, Equity, and Good Conscience • Applied when analogical deduction is insufficient or unjust. • Promoted by Hanafi School in exceptional cases. Shia Perspective Under Shia Law, the primary sources include: 1. Quran 2. Traditions from the Prophet’s family (Ahlul Bayt) 3. Ijma (with specific limits) They do not accept Qiyas as a valid source of law. Conclusion The Sources of Muslim Law represent a rich blend of divine guidance, prophetic tradition, scholarly consensus, and reasoned judgment. Whether for legal professionals, students, or spiritual seekers, understanding these sources is vital for navigating Islamic jurisprudence in a modern world. Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation Your law degree is your foundation, but your preparation is what will build your success. Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]
Who is a Muslim under Muslim Law? Islam, which literally means submission to the will of Allah, is a monotheistic religion based on the Holy Qur’an and the teachings of the Prophet Muhammad (peace be upon him). In a secular sense, the Prophet is seen as the founder of Islam, but under Islamic belief, he is regarded as the last and final Messenger of Allah. Those who follow Islam are called Muslims. With over 1.9 billion followers globally, Islam is the second-largest religion after Christianity. • Definition of a Muslim (Legal and Theological View) A Muslim is a person who: • Believes in the Oneness of Allah (Tawheed) • Accepts Prophet Muhammad (PBUH) as the final messenger of God ✓ Scholarly and Judicial Views Aghnides’ View: A Muslim is one who: (i) Believes in the mission of Prophet Muhammad (ii) Declares that there is no god but Allah and Muhammad is His Prophet (iii) Believes in the essential principles of Islam Justice Amir Ali: “Any person who professes the religion of Islam, i.e., accepts the unity of God and the Prophethood of Muhammad (PBUH), is a Muslim.” √ Judicial Recognition: This view was affirmed in Narantakath v. Prakkal (1992) 45 Mad 986, where the Madras High Court held that: The only essential doctrines required to be a Muslim are: • (a) Belief in one God, and • (b) Belief in Prophet Muhammad (PBUH) Any belief beyond this is not relevant for a court of law. ∆ By Birth or Conversion • A person born to Muslim parents is presumed Muslim. • A person can also embrace Islam by sincere conversion, through declaration of Shahada. • Key Case Laws on Conversion: ° Skinner v. Orde (1871) 14 MIA 309 The Privy Council held that conversion must be genuine, not to circumvent personal law. Mere ceremony without sincere belief is invalid. ° Bhaiya Sher Bahadur v. Bhaiya Ganga Baksh Singh (1914) 41 IA 1 An illegitimate son born to a Muslim woman and a Hindu man, raised as a Hindu, was held to be Hindu, not Muslim. • Apostasy and Continuity of Faith A person remains Muslim by birth unless they renounce Islam after attaining majority. Courts do not interfere in doctrinal variations as long as the basic beliefs are satisfied. • Application of Muslim Law in India Muslim Law does not apply universally to all aspects of a Muslim’s life. Indian courts apply only personal laws relating to family and inheritance based on: °Muslim Personal Law (Shariat) Application Act, 1937 Section 2: Muslim Personal Law applies to Muslims in matters of: • Intestate succession • Special property of females • Marriage and its dissolution • Maintenance, Dower (Mehr) • Guardianship, Gift, Trust, Waqf ✓Land and agricultural disputes are excluded. Section 3 – Voluntary Application Any person who: • (a) Is a Muslim • (b) Is competent to contract • (c) Is a resident of the territory Can declare before the prescribed authority that they wish to be governed by Muslim Personal Law. Upon declaration, adoptions, wills, and legacies will also be governed by Muslim Law for the declarant and descendants. • Muslim Law & Justice, Equity, and Good Conscience In absence of statutory provisions, Muslim personal law is applied on the basis of: Justice, Equity, and Good Conscience Example: The law of pre-emption is applied in many states (except Tamil Nadu) on this principle. • Conclusion (Summary) A Muslim, under law, is a person who believes in the oneness of Allah and the Prophethood of Muhammad (PBUH)—either by birth or genuine conversion. In India, Muslim Personal Law applies primarily to family matters through the Shariat Act, 1937, while other applications may arise through justice, equity, and good conscience. ✓ Start Your Preparation with TOA At Theory of Abrogation, we equip you with everything you need: •Subject-wise expert classes •Mock test series •Legal current affairs •Personalized mentorship for interview preparation “Your law degree is your foundation, but your preparation is what will build your success” ✓ Click here to watch the TOA Playlist on Muslim law:-https://youtube.com/playlist?list=PLqZx–XvsMkU95SYUQhEUtv5UWhkVsDq9&si=IZpEbkH66CjPx4hx Join Our New Batch Now! Prepare smart. Prepare with Theory of Abrogation. Contact Us: 📍 B-109, Commercial Complex Dr. Mukherjee Nagar, Delhi-09 📞 +91 9971399324 | +91 8840961324 📧[email protected]