Order 1 CPC – Parties to Suit: Joinder, Non-Joinder, and Representative Suits Order 1 of the Code of Civil Procedure (CPC), 1908 deals with the rules regarding parties to a suit. It lays down who can be joined as plaintiffs or defendants, when parties must be added, and how the court ensures effective adjudication. The objective is to avoid multiplicity of proceedings, reduce expenses, and make sure all necessary parties are present before the court. Joinder of Parties under Order 1 CPC The concept of joinder of parties arises when: • An act is done by two or more persons together, or • An act affects two or more persons together. There are two kinds of joinder under Order 1 CPC: 1. Joinder of Plaintiffs (Order 1 Rule 1) All persons may be joined as plaintiffs if: • Their right to relief arises out of the same act or transaction (whether jointly, severally, or in the alternative), and • If they filed separate suits, common questions of law or fact would arise. Example: If A assaults B and C in the same incident, both B and C can join as plaintiffs in one suit. Counter Example: If A has four separate contracts with B, C, D, and E, they cannot jointly sue A, because each has a separate cause of action. 2. Joinder of Defendants (Order 1 Rule 3) Multiple persons can be joined as defendants if: • The right to relief arises out of the same act or transaction, and • Common questions of law or fact would arise if separate suits were filed. Example: If A suffers injury due to the negligence of both a bus driver (B) and a car driver (C), A can sue both together in one suit. Moreover, under Order 1 Rule 7, if the plaintiff is unsure who is liable, he can sue multiple defendants in the alternative and leave the decision to the court. Power of Court to Order Separate Trials Even if conditions for joinder are satisfied, the court may order separate trials under: • Order 1 Rule 2 – for plaintiffs (court may ask them to make an “election” who continues in the suit). • Order 1 Rule 3A – for defendants (court may separate trials, but defendants cannot “opt out” themselves). This ensures that joinder does not cause embarrassment, confusion, or delay in proceedings. Necessary and Proper Parties Order 1 CPC distinguishes between: • Necessary Party → Without whom no effective decree can be passed. • Proper Party → Whose presence is not essential but is helpful for complete adjudication. In Ramesh Hirachand Kundanmal v. Municipal Corporation of Greater Bombay (1992), the Supreme Court held that two conditions must exist for a necessary party: 1. There must be a right to relief against such party, and 2. No effective order can be passed without him. Example: In a dispossession case against C, if A and B are joint owners, both must be parties. Without B, the decree would be ineffective. Non-Joinder and Misjoinder of Parties • Non-joinder → Failure to include a necessary or proper party. • Misjoinder → Inclusion of a party who does not satisfy the requirements of Order 1 Rule 1 or 3. ✓ According to Order 1 Rule 9, a suit will not be defeated merely due to misjoinder or non-joinder, except when a necessary party is not joined. • Order 1 Rule 13 mandates objections be raised at the earliest stage. • Section 99 CPC prevents reversal of decrees on appeal due to misjoinder/non-joinder, except in the case of a necessary party. Thus, non-joinder of a necessary party is fatal, but misjoinder or non-joinder of proper parties does not affect the decree. Addition, Substitution, and Transposition of Parties (Order 1 Rule 10 CPC) The court has wide powers under Order 1 Rule 10 to add, strike out, substitute, or transpose parties at any stage of the proceedings, including the appellate stage. • Substitution: If the wrong person has been made plaintiff by mistake. • Addition: If a necessary party is missing. • Transposition: A pro forma defendant can be shifted as a plaintiff if justice requires. In Razia Begum v. Sahebzadi Anwar Begum (1958), the Supreme Court held that substitution or addition may be allowed at any stage if it is necessary for the complete adjudication of the dispute. Representative Suits under Order 1 Rule 8 CPC A representative suit allows one or more persons to sue or defend on behalf of a larger group having the same interest in the matter. The conditions are: 1. The parties must be numerous. 2. They must have the same interest. 3. Court’s permission is necessary. 4. Notice must be issued to all persons being represented. The purpose is to avoid multiplicity of proceedings and ensure effective adjudication. In T.N. Housing Board v. T.N. Ganapathy (1990), the Supreme Court held that even if each allottee received a separate notice, a representative suit was valid since the grievance (excess demand) was common to all. • Binding Effect: The decision binds all represented persons through res judicata. • Withdrawal/Compromise: Cannot be done without court’s permission and notice to all concerned (Order 23 Rule 3B). • Substitution: If a representative is negligent, the court may substitute him with another member of the same group. Conclusion Order 1 CPC plays a crucial role in civil litigation by determining who should or may be made a party to the suit. It ensures that necessary parties are included, prevents unnecessary multiplicity of suits, and provides for representative actions where large groups are affected by the same issue. Provisions relating to non-joinder, misjoinder, and representative suits strike a balance between judicial efficiency and fairness. By giving the court wide discretion in adding or removing parties, Order 1 strengthens the justice delivery system and ensures that disputes are adjudicated completely and effectively. ✓ To start your preparation for Judicial Services Examination at home, drop a message on WhatsApp +91 8840961324 or call us on…
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Haryana ADA 2025 Recruitment and Preparation Guide
Haryana ADA Recruitment 2025 Notification and Guide to Preparation 255 Vacancies Announced The Haryana Public Service Commission (HPSC) has issued the official notification (Advertisement No. 18/2025) for the recruitment of Assistant District Attorney (ADA) posts. A total of 255 vacancies are available across various categories. Main Dates Notification Release Date: 8 August 2025 Application Start Date: 13 August 2025 Application Last Date: 2 September 2025 Screening Test Date: 02.11.2025 Eligibility Criteria Educational Qualification: Degree in Law (LLB) from a recognised institution. Age Limit: 21–42 years as on 2 January 2025. Age Relaxation: As per Haryana government rules. Selection Process The recruitment process will be conducted in multiple stages: Screening Test (Objective) Subject Knowledge Test (Descriptive) Interview/Viva-Voce Document Verification Medical Examination Exam Stages Stage 1: Screening Test Total Questions: 100 Multiple Choice Questions (MCQs) Total Marks: 100 Duration: 2 hours Marking Scheme: All questions carry equal marks. Options per Question: Each question will have five options; the fifth option is for candidates who choose to leave the question unattempted. Negative Marking: Wrong answer: Deduction of 0.25 marks per question. Unattempted without marking the fifth option: Deduction of 0.25 marks per question. Language: Question paper will be available in both English and Hindi. Qualifying Marks: Minimum 25% marks required to clear the Screening Test. Topics / Syllabus – Screening Test General Science (TOA’s GK/GS + Ghatna Chakra) or Lucent or OR NCERT OLD EDITION CLASS 6TH TO 12TH Current Events – National and International Importance (Last 1 year you can cover this from any app for current affairs such as GK Today or Arihant Yearly Current Affairs) History of India (Ancient, Medieval, Modern our TOA GK/GS lectures + Ghatna Chakra) Indian and World Geography (TOA’s GS + Ghatna Chakra) Indian Culture, Indian Polity, and Indian Economy (TOA’s GK/GS + Ghatna Chakra) General Mental Ability – Reasoning and Analytical Abilities- R.S. Aggarwal Basic Numeracy (Class X level) – Numbers and their relations, order of magnitude, etc.- R S Agarwal Data Interpretation (Class X level) – Charts, graphs, tables, data sufficiency, etc.- R S Agarwal Haryana General Knowledge – History, Geography, Polity, Economy, Culture, etc. Haryana GK: Arihant “Know Your State Haryana”. Stage 2: Subject Knowledge Test Duration: 3 hours Total Marks: 150 Language: Question paper will be available in English and Hindi. Type of Paper: Subjective (descriptive answers required). Minimum Qualifying Marks: A candidate must secure at least 35% marks to be eligible for the interview/viva-voce. Shortlisting for Interview: Candidates will be called for the interview in a ratio of 2 times the number of advertised posts (plus bracketed candidates, if any). Only those securing the minimum 35% cut-off marks will be considered. Weightage in Final Selection: Subject Knowledge Test carries 87.5% weightage in the final merit calculation. Minimum qualifying: 35%. Syllabus: Civil Law CPC Bharatiya Sakshya Adhiniyam, 2023 Indian Contract Act Indian Partnership Act Sale of Goods Act Hindu Law Mohammedan Law & Customary Law Criminal Law Bharatiya Nyaya Sanhita (BNS) Bharatiya Nagarik Suraksha Sanhita (BNSS) Bharatiya Sakshya Adhiniyam, 2023 Stage 3: Interview Weightage in Final Selection: 12.5% of the total marks. Final Merit List Preparation: The final merit list will be prepared by adding the marks obtained in the Subject Knowledge Test (which carries 87.5% weightage) and the Interview (which carries 12.5% weightage). Final selection will be based on the combined performance in all stages. Essential Qualifications Educational Qualification: Bachelor’s Degree in Law (Professional) from a recognised university. Language Requirement: Hindi or Sanskrit up to Matriculation level or higher. Professional Requirement: Must be enrolled as an Advocate with a Bar Council. Shortlisting for Subject Knowledge Test: Candidates up to four times the number of advertised posts, plus bracketed candidates (in case of tie at the cut-off), will be called for the Subject Knowledge Test, provided they have scored at least 25% in the Screening Test. Final Merit: Marks obtained in the Screening Test will not be counted towards the final selection; it is solely for shortlisting candidates by category. How to Apply (Online) Visit the official HPSC website:gov.in Click on the “Apply Online” link for HPSC ADA Recruitment 2025. Fill in your personal, educational, and contact details. Upload all required documents. Pay the application fee. Submit the form and download a copy for future reference. Application Fee General/Other State candidates: ₹1000 General/OBC/EWS (Haryana): ₹250 Mode of Payment: Online
Parentage, Legitimacy, and Acknowledgment under Muslim Law Meaning of Parentage Parentage is the legal relationship between parents and their children. • Maternity refers to the legal relation of the mother and child. • Paternity refers to the legal relation of the father and child. These legal relationships carry mutual rights and duties, such as: • Inheritance • Maintenance • Guardianship Maternity: How Established Under Sunni Law • Maternity is established by birth alone, regardless of whether the child is born within marriage or through zina (adultery). Under Shia Law • Mere birth is not sufficient. • It must be proved that the child was born out of a lawful marriage. Paternity: How Established • Paternity can only be established through marriage between the parents. • The marriage may be valid or irregular, but it must not be void. • Paternity is attributed to the husband of the mother. Legitimacy under Muslim Law Legitimacy is closely linked to lawful wedlock. A child is considered legitimate only if: • Born in a valid marriage. • Both father (begetter) and mother (bearer) were legally married at the time of conception. Hence, direct or indirect marriage between the parents is necessary to establish legitimacy. Presumption of Legitimacy: Key Rules 1. Child born within 6 months of marriage → Illegitimate, unless acknowledged by the father. 2. Child born after 6 months of marriage → Presumed legitimate, unless disclaimed by father through Lian. 3. Child born after dissolution of marriage • Shia Law: Legitimate if born within 10 lunar months. • Hanafi Law: Legitimate if born within 2 lunar years. • Shafei & Maliki Laws: Legitimate if born within 4 lunar years. Section 112 – Indian Evidence Act: Conclusive Presumption “A person born during a valid marriage, or within 280 days after its dissolution, is conclusively presumed to be the legitimate child of the husband, unless it is shown that the husband had no access to the wife during the period of conception.” Judicial Views • D.F. Mulla: Evidence Act supersedes Muslim law. • Ameer Ali: Section 112 embodies English law and doesn’t override Muslim law. • Tyabji: Disagrees with Ameer Ali. • In A.G. Ramchandran v. Shamsunnisa Bibi (AIR 1978 Madras): Section 112 applies to all religions, including Muslims. Acknowledgment of Paternity under Muslim Law When direct marriage cannot be proven, acknowledgment can establish paternity. Conditions for Valid Acknowledgment: 1. Must acknowledge legitimate sonship, not merely sonship. 2. Acknowledger must be at least 12.5 years older than the child. 3. Child must not be known to be someone else’s child. 4. If the child is adult, he/she must consent or remain silent. 5. There must be a possibility of lawful marriage between the man and the child’s mother at time of conception. 6. Acknowledger must be adult and sane. 7. Acknowledgment must have clear intention to confer legitimacy. 8. Acknowledgment must be definite (saying “I raised this child” is not enough). 9. Once acknowledged, it cannot be revoked. Rights Conferred: • Child gains full legal rights of inheritance. • Mother gains status of legal wife and right to inherit. Acknowledgment vs. Adoption Muslim Law does not recognize adoption. (Refer: Mohd. Allahdad Khan v. Mohd. Ismail, 1888) Acknowledgment under Muslim Law is based on the concept of actual paternity, meaning the man acknowledges a child as his biological and legitimate offspring. This process is valid only when the child is not known to be someone else’s child. If the biological father of the child is known and is someone else, acknowledgment is not permitted. Also, in acknowledgment, there is no renunciation of the natural family—the child remains affiliated with the natural bloodline. It relies on the theory of actual descent by legitimate means. Both male and female children can be acknowledged, and there is no religious or spiritual motive behind it; it is purely a legal recognition of parentage. In contrast, adoption under Hindu Law is based on legal affiliation, not on biological connection. A child can be adopted even if their biological father is known, and upon adoption, the child is permanently separated from their natural family and becomes a part of the adoptive family. This is a legal fiction rather than a natural relationship. Traditionally, adoption was allowed only for sons, but after the enactment of the Hindu Adoptions and Maintenance Act, 1956, even daughters can be adopted. Earlier, adoption had a religious and spiritual motive, especially to perform rituals like shraddha, but now it can be done for secular purposes as well. Conclusion In Muslim Law, legitimacy, parentage, and acknowledgment are interlinked with marriage. While adoption is not allowed, acknowledgment serves as an alternative mechanism to recognize and legitimize parentage, ensuring legal and social rights to children and their mothers. 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]
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]
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]
Important Jurisprudence Questions for Judiciary Mains: • Nature & Scope of Jurisprudence 1. Define Jurisprudence. Discuss its nature and scope. 2. Discuss the meaning and importance of Jurisprudence in the development of law. 3. What is the utility of studying Jurisprudence in the legal field? 4. Discuss the classification of Jurisprudence as given by Salmond. • Schools of Jurisprudence Analytical School 5. Explain Austin’s Command Theory of Law. Critically examine it. 6. What is Positive Law? How does Austin define it? 7. Differentiate between general jurisprudence and particular jurisprudence. 8. Discuss H.L.A. Hart’s contribution to legal positivism. 9. What are Primary and Secondary Rules? 10. Compare the theories of Austin and H.L.A. Hart. Historical School 11. What is the Historical School of Jurisprudence? 12. Discuss the contributions of Savigny and Henry Maine. 13. Explain the phrase “Law is not made, it is found.” Sociological School 14. Discuss the Sociological School of Jurisprudence. 15. What is law according to Roscoe Pound? 16. How does Sociological Jurisprudence help in law reform? Realist School 17. What is the Realist School of Jurisprudence? 18. Discuss the views of Jerome Frank and Oliver Wendell Holmes. Natural Law School 19. What is Natural Law? Discuss its relevance in modern legal systems. 20. Compare Natural Law with Legal Positivism. • Theories of Law 21. What is the Pure Theory of Law? 22. Discuss Kelsen’s concept of Grundnorm. 23. Compare the theories of Kelsen and Hart. 24. What are the criticisms of the Pure Theory of Law? Sources of Law 25. What are the sources of law? 26. Differentiate between custom, precedent, and legislation. 27. Distinguish between formal and material sources of law. Legal Concepts 28. What is legal personality? 29. Define Ownership and Possession. Distinguish between them. 30. Explain the concept of Liability – civil and criminal. 31. What is legal right? Explain its elements. 32. Distinguish between right and duty. 33. Define Property. What are the different kinds of property? 34. Explain the concept of obligation in jurisprudence. • Miscellaneous Important Questions 35. What is justice? Explain distributive and corrective justice. 36. What is the relation between law and morality? 37. Discuss the relationship between law and society. 38. What is the difference between substantive and procedural law? 39. What is the difference between public and private law? 40. Define person. What are the types of persons in 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]
Haryana Assistant District Attorney Exam2025:Complete Syllabus,Pattern, Eligibility,and Preparation Guide: If you’re aspiring to become an Assistant District Attorney in Haryana,this detailed guide will walk you through every aspect of the Haryana ADA Exam 2025, including syllabus, exam pattern, eligibility, and selection process. The Haryana Public Service Commission (HPSC) conducts this exam to recruit top-tier legal professionals for the role of ADA (Assistant District Attorney). •Overview of Haryana Assistant District Attorney Exam 2025 √Exam Name:-Haryana Assistant District Attorney Exam 2025 √Conducting Body:-Haryana Public Service Commission (HPSC) √Mode of Application:-Online √Mode of Exam:-Offline (Pen and Paper) √Exam Stages:-Prelims, Mains, and Interview √Official Website:-hpsc.gov.in Eligibility Criteria for Haryana ADA Exam ✓ Educational Qualification: •Law Degree (Professional) or an integrated law course from a recognized university. •Must be enrolled as an Advocate with the Bar Council. •Should have studied Hindi or Sanskrit up to Matric standard. ✓ Age Limit: • Minimum: 21 years • Maximum: 42 years (Relaxation applicable as per government rules.) Haryana ADA Exam Pattern 2025 Preliminary Examination • Type: Objective (Multiple Choice Questions) • Duration: 2 Hours • Negative Marking: •¼ mark deducted for each wrong answer •¼ mark deducted if no option is selected or fifth bubble (unattempted) is left blank • Cutoff: Minimum 25% required to qualify • Selection: Top 4x the number of vacancies, category-wise, proceed to Mains Prelims Paper Division: Part I – Law (80% Weightage) Civil Law: • Code of Civil Procedure • Indian Evidence Act / Bharatiya Sakshya Adhiniyam (if applicable) • Indian Contract Act • Indian Partnership Act • Sale of Goods Act • Hindu Law • Mohammedan Law & Customary Law Criminal Law: • Indian Penal Code / Bharatiya Nyaya Sanhita (if applicable) • Criminal Procedure Code / Bharatiya Nagarik Suraksha Sanhita (if applicable) • Indian Evidence Act Part II – General Studies & Aptitude • General Awareness • General Mental Ability • Comprehension • Logical Reasoning and Analytical Ability • Decision Making and Problem Solving • Basic Numeracy • Data Interpretation • History, Geography, Polity, Economy & Culture of Haryana Mains Examination (Subject Knowledge Test) • Type: Descriptive / Subjective • Duration: 3 Hours • Maximum Marks: 150 • Minimum Qualifying Marks: 35% Mains Syllabus Breakdown Civil Law: • Code of Civil Procedure • Indian Evidence Act • Indian Contract Act • Indian Partnership Act • Sale of Goods Act • Hindu Law • Mohammedan Law & Customary Law Criminal Law: • Indian Penal Code • Criminal Procedure Code • Indian Evidence Act Interview (Viva-Voce) • Weightage: 12.5% of total score • Candidates who clear Mains will be invited for the final personality assessment. • Final merit list = Mains Marks + Interview Marks ∆ Key Highlights for Aspirants • 80% of Prelims Paper is Law-focused – deep legal knowledge is essential. • New Criminal and Evidence Codes may apply (BNS, BNSS, BSA) – stay updated. • Negative marking even for unmarked questions if fifth option is not darkened. • Mains is purely subjective, requiring detailed legal answers – practice descriptive writing. • Knowledge of Haryana’s culture, polity, and economy is crucial for General Studies. ∆ Preparation Tips for Haryana ADA Exam 2025 1. Master Bare Acts – Especially CPC, CrPC, IPC, Evidence & Contract Act. 2. Stay Updated – Watch out for changes from IPC/CrPC to BNS/BNSS and Evidence Act to BSA. 3. Daily Practice – Solve MCQs for Prelims; write structured answers for Mains. 4. Mock Interviews – Improve communication, presence of mind, and legal articulation. 5. Focus on Haryana GK – State-specific facts often give you an edge in GS. ∆ Final Words The Haryana ADA Exam 2025 is a prestigious opportunity for legal professionals aiming to serve the state. With a clear understanding of the exam pattern, updated syllabus, and strategic preparation, you can crack this exam with confidence. 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 Muslim law
•Most Important Questions of Muslim Law Q.1. Who is a Muslim? How far IJMA is a source of Muslim law? Can IJMA be used for the further development of Muslim law? Q.2.Discuss the various sources of Muslim Law. Q.3.Write a note on the schools of Sunnis. Q.4.Marriage among Muslim law is not sacrament,but purely a civil contract.Discuss this statement with reference to the contractual nature of a Muslim marriage. Q.5.Examine the validity of the following: (i) A marriage with a woman undergoing iddat (ii) A marriage with a wife’s sister after the death of wife Q.6.Write short notes on the Nature of Muslim Marriage. Q.7.In Abdul Kadir v. Salima, (1886) 8 All 149,Justice Mahmood stated, “Marriage among Muslims is not a sacrament but purely a civil contract.”On the other hand,another noted scholar of Muslim Law, Abdul Rahim states that marriage among Muslims is both an Ibadat (devotional act) as well as muamlat (dealings among men). In the light of these statements, discuss the exact nature of Nikah,pointing out its essentíal features and referring to case-law wherever required. Q.8. What relations are prohibited from marrying on the ground of consanguinity,by a Muslim male? (RJS 1986) Q.9. Distinguish between ‘Batil’ and ‘Fasid’ marriage. In which category will you place the following:- (a) Marriage with a woman undergoing Iddat. (b) Simultaneous marriage with two consanguine sister. (c) Marriage with a fifth wife during the life time of four wives. (d) Marriage with a Christian woman. (e) Marriage in contravention of the rule of Kufr. Q.10. How can irregular marriages be made under the Muslim Law? (DJS 2015) Q.11. ‘State briefly the Muslim Law of Dower’.How far does it differ from the Hindu Law of Maintenance?A husband agrees to give his wife as Dower next years crops.The Wife files a suit to recover the same.Decide the suit. Q.12.(A) Explain what is “Mehr” in relation to a Muslim marriage. Can its payment be deferred either wholly or in part? (B) Whether “Mehr” can be termed as debt and thus a charge on the property ot the husband? (C) Can the payment of the ‘Mehr’ be excused, if so, by whom? Q.13. Write short note on Mehar-i-Misal. Q.14. State the nature and kinds of Mahr.Whether a Muslim widow can retain her husband’s property in lieu of Mahr? Whether right to receive Mahr and enjoyment of the property is transferable or heritable. Discuss with the help of Maina Bibi’s Case? Q.15.What is the nature of widow’s right of retention of the husband’s property in case her dower remains unpaid?Whether this right of retention is heritable and transferable?.Give views of the various High Courts. Q.16.Write short note on Iddat. Q.17. Distinguish between ‘Talaq-ul-biddat’ and ‘Talaq-ul-sunnat’ and state when ‘Talaq’ becomes irrevocable. Q.18. Draw distinction between the following: Ahasan Talak and Hasan Talak. Q.19. Write short note on Khula. (RJS 1971) Q.20. On what grounds a Muslim wife can seek dissolution of her marriage? Q.21.What do you understand by “cruelty by the husband” under the Dissolution of Muslim Marrlage Act, 1939? (RJS 2014) Q. 22. (a) Distinguish between ahsan talaq,hasan talaq and talaq-e-tafwiz. (b) Explain the concepts of khula and mubaraat. (c) What are the grounds of dissolution of marriage available to a Muslim wife under the Dissolution of Muslim Marriage Act, 1939? (DJS2008) Q.23. Write short but critical note on Guardianship in marriage. Q.24. “A” is mother of a minor Muslim “B”.She sells “B’ s” immovable property for his necessities and benefits. “A” is de facto guardian of “B”.Discuss the validity of the saie..[UPJS 2012] Q.25. Discuss briefly the rules of Muslim law with regard to legitimacy of a child.What is the effect of acknowledgment of legitimacy? Q.26. Stating the concept of presumption of legitimacy under Muslim Law,point out the differences between Muslim Law and Section 112 of Indian Evidence Act in this regard. Q.27. The law of adoption is unknown to Muslim Law. In this connection explain the meaning of acknowledgment of paternity under Muslim Law. Q.28. Write short note on Maintenance of a wife. Q.29. To what extent is a Muslim husband bound to maintain his wife?Explain.(UPJS 1985) Q.30. Write short note on testamentary guardian and his powers. Q.31. Write short note on Hizanat. Q.32. Who are the Guardians of a Muslim minor under Muslim Law?.(DJS1999) Q.33. What is meant by Khayar al-bulugh or “option of puberty”? ( DJS 2008) Q.34. What are the general principles of succession under the Hanafi Law?Explain. Q.35. Write short note on classification of heirs under the Shia Law of Inheritance Q.36. (a) What do you mean by doctrines of ‘Aul and Radd’. (b) (i) A Muslim woman died leaving her husband and two sisters. How her property will devolve? (ii) A Muslim male died leaving his mother, widow and daughter. How much share they will get? Q.37. Define “Residuaries” under the Muslim Law. .(RJS 1986) Q. 38. Distinguish between hiba and hiba-bil-iwaz.Illustrate our answer. Q.39. What are the constituents of a valid ‘Hiba’ ? Can a valid gift be made in favour of a Non-Muslim? Q.40. Explain the nature of ‘Hiba-ba-shar-tul-iwaz’ and how far it is distinguishable from the incidents of sale? Q.41. Explaining the essential conditions of a valid gift under the Muslim Law,state the circumstances, if any, when transfer of possession is not necessary for making gift. Q.42. Write short note on Gift made during Murz-ul-Maut. Q.43. A maternal grand father made a gift in favour of his newly born grand child.The mother of the child accepted the gift on behalf of the minor. Is this gift valid under Muslim Law. Q.44. What is limited estate? Does Muslim law recognise the transfer of limited estate? Refer.to decided cases..(UPJS 1991) Q.45. “Life estate is unknown to Muslim Law as administered in India, but life interest can be created” [UPJS 1999] Q.46. When and how can a gift be revoked by a donor under Muslim law? In what cases the power to revoke comes to an end? Discuss. (UPJS…
Chhattisgarh ADPPO Exam 2025: Syllabus, Eligibility, and Exam Pattern Are you aspiring to become an Assistant District Public Prosecution Officer (ADPPO) in Chhattisgarh? The Chhattisgarh Public Service Commission (CGPSC) is set to conduct the Chhattisgarh ADPPO Exam 2025 on 04 February 2025. Here’s a complete guide on the exam pattern, syllabus, and eligibility criteria to help you prepare effectively. Overview of the Chhattisgarh ADPPO Exam ✓Details Exam Name:-Chhattisgarh ADPPO Exam 2025 Conducting Body:-Chhattisgarh Public Service Commission (CGPSC) Official Website:-psc.cg.gov.in Exam Mode:-Offline (Objective Type) Selection Process:-Written Examination + Interview Total Marks: 330 (Written: 300 + Interview: 30) Eligibility Criteria for Chhattisgarh ADPPO 2025 Educational Qualification: • Must hold a Law Degree from a recognized university or institution. Age Limit: • Minimum Age: 21 years • Maximum Age (Non-Domicile): 30 years • Maximum Age (Chhattisgarh Domicile): 40 years Age Relaxation: •SC/ST/OBC (Chhattisgarh):-5 years •Women (All Categories):-10 years •Temporary/Permanent Workers (Chhattisgarh):-3 years •Govt Employees (Chhattisgarh):-8 years (Max age 38 years) •Ex-Servicemen (Deduction of service period):– Max 3 years •Divorced/Widowed Women:-5 years •PwD (Persons with Disabilities):-5 years •Inter-caste Marriage Beneficiaries:-5 years •Sports Award Winners:-5 years •Contractual Govt Employees Equal to service (Max age):- 38 years Exam Pattern for Chhattisgarh ADPPO 2025 1.Written Examination (objective Type) •General Knowledge of Chhattisgarh √No.of questions:-50 √Marks:-100 •Law (Major and Minor Acts) √No of questions:-100 √Marks:-200 •Total √Questions:-150 √Marks:-300 2.Interview • Total Marks: 30 √Qualifying Marks: • Unreserved Candidates: 33% • SC/ST/OBC Candidates: 23% Detailed Syllabus for Chhattisgarh ADPPO 2025 Part 1: General Knowledge (100 Marks) •History of India & Freedom Movement •History of Chhattisgarh & Its Role in Freedom Movement •Physical, Social & Economic Geography of India (Special Reference to Chhattisgarh) •Constitution & Polity of India, Chhattisgarh’s Administrative Structure, Local Government & Panchayati Raj •Economy, Commerce, Industry, Forest & Agriculture (India & Chhattisgarh) •Tribes, Dialects, Festivals, Dances, Tourist & Archaeological Sites of Chhattisgarh •Current Affairs & Sports (India & Chhattisgarh) Environment Part 2: Law (200 Marks) Constitutional Law: • Fundamental Rights & Duties, DPSPs • President, Vice-President, Governor • Parliament & State Legislature • Judiciary (SC, HC, Subordinate Courts) Major Criminal Laws (Can be updated to new criminal codes): • Indian Penal Code, 1860 (or Bharatiya Nyaya Sanhita, 2023) • Criminal Procedure Code, 1973 (or Bharatiya Nagarik Suraksha Sanhita, 2023) • Indian Evidence Act, 1872 (or Bharatiya Sakshya Adhiniyam, 2023) Important Special Laws: • Chhattisgarh Excise Act, 1915 • Information Technology Act, 2000 (Chapters 1–4, 9, 11–13) • SC/ST (Prevention of Atrocities) Act, 1989 • NDPS Act, 1985 • Arms Act, 1959 • Food Safety and Standards Act, 2006 • Protection of Human Rights Act, 1993 • Right to Information Act, 2005 • Legal Services Authorities Act, 1987 (Chapters 3, 4 & 6) • Chhattisgarh Shaikshanik Sansthan Me Pratarna Ka Pratishedh Adhiniyam, 2001 •Chattisg Tonahi Pratadna Nivaran Adhiniyam, 2005 • Unlawful Activities (Prevention) Act, 1967 • Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005 • Chhattisgarh High Court Criminal Rules, 2005 Final Tips for ADPPO Aspirants 1. Focus on Chhattisgarh-specific GK. 2. Practice MCQs with negative marking strategy. 3. Update legal knowledge with new criminal laws (BNS, BNSS, BSA). 4. Study local laws unique to Chhattisgarh. 5. Prepare for interview by revising law basics and recent judgments. Conclusion The Chhattisgarh ADPPO Exam 2025 is a golden opportunity for law graduates to serve as public prosecutors in the state. A strong grip over criminal law, local acts, and Chhattisgarh-specific general knowledge is key to cracking this exam. Start your preparation today with a clear roadmap and updated syllabus. FAQs Q1. Is there negative marking in the Chhattisgarh ADPPO exam? Yes, 1/3rd marks are deducted for each incorrect answer. Q2. What is the age limit for general category candidates? 21 to 30 years for non-domicile and up to 40 years for domicile candidates. Q3. Is knowledge of local Chhattisgarh laws necessary? Yes, several state-specific acts are part of the syllabus. 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]