Right of Muslim women to take divorce under Faskh

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Faskh means cancellation, abolishment, recision, revocation and abrogation annulment. Under Muslim law, a lady can move towards Qazi for dissolving her marriage. This can be done when husband and wife both conclude that they cannot live together as husband and wife. The Qazi, after a thorough analysis, terminate the marriage.

Before the Dissolution of Muslim Marriage Act, 1939 came into force; there was no law or legislation under which a Muslim woman could plead for the dissolution of her marriage.Read More →

Britain House of Lords vs Senate of USA

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The House of Lords of Britain and the Senate of the USA are the upper Houses of their respective Parliaments. Though there are similarities between both of them, distinctions can’t be left unnoticed. Here is an article that discusses the comparison between the upper houses of the Parliaments of Britain and the USA i.e. House of Lords and Senate.

Members of the Senate (senators) are chosen directly by the people. In comparison, there are a few distinct ways to be a member of the House of Lords.Read More →

Who May Obtain Specific Performance Section 15 Specific Relief Act

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According to section 15 of the Specific Relief Act, 1963, specific performance of a contract may be obtained by:

1. any party;
2. the principle or the representative in interest, of any party;
3. any beneficiary is entitled to specific performance if the contract involves a marital settlement or a compromise of disputed rights between members of the same family…Read More →

Consent as a General Exception

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Consent means “to agree upon the same thing in the same sense.” It is said to be given when a person agrees upon a thing being done with his own will and not because of any fear, force or misconception. The element of consent excuses offences against the human body and property.

Sections 87 to section 89 of the Indian Penal Code lays down that if certain acts are committed with the victim’s consent, they will not be considered an offence, and the offender will not be held liable for the same.Read More →

Non Legal Ways To Successfully Fix and Save a Broken Marriage

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A few alternatives to legal remedies that can save a marriage from falling apart are-

1. Mediation

Meditation is a form of Alternative Dispute Resolution (ADR) which aims to assist two or more persons involved in a dispute in reaching a mutual agreement. The content of that agreement is decided by the parties themselves rather than accepting something imposed by a third party.Read More →

Intoxication as a General Exception under IPC - Section 85 and 86

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A state of a person by which both his physical and mental condition is weakened due to intake of alcohol or any other intoxicating substance is known as intoxication. In cases where a person is incapable of knowing the nature of the act or what he is doing is wrong or opposed to the law due to intoxication, it will not be considered as an offence.

Intoxication as a general defence/exception can be better understood from section 85 and 86 of the Indian Penal Code, 1860.Read More →

National Human Right Commission

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Being human, there are certain rights like the right to life, right to dignity, right to livelihood, and many others. Human rights are moral rights. They are universal rights. It is observed that the rights don’t serve the purpose unless they are protected. For the protection of human rights, there have been conventions, summits, and formation of commissions.

This is the reason for the creation of the National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC).Read More →

Trial of Summons Cases Explained

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The trial of summons case has been dealt with under Chapter 20 of the Criminal Procedure Code from section 251 to 259. According to section 2(w) of CrPC, summons cases are those cases that are not warrant cases. Summons cases are punishable with a fine or imprisonment of less than two years. Summons cases are triable only by Magistrate.

Under summons cases, it is not necessary to frame the charge in writing, stating the substance of the offence to the accused is enough. The particulars of the offence of which the person is accused are stated to him.Read More →

Accident as a General Exception - Section 80 IPC

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An accident is a sudden unintended act or an act by chance without any apparent cause. It is considered a defence under criminal law. The principle revolves around the theory that when a person does not have mens rea, which is an essential element of a crime, he can’t be held liable for such an act.

Section 105 of the Indian Evidence Act, 1872 says that if a person alleges that his act was an accident and not a crime with the intention, then the burden of proof lies upon him to establish that his case falls under a general exception, namely accident as per section 80 of the Indian Penal Code.Read More →