“Right of Private Defence” – Section 96 of IPC – Explained!

First: His own body and the body of any other person, against any offence affecting the human body. Secondly: The property, whether movable or immovable property of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass or which is an […]
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What are the Circumstances under which the Right of Pre-Emption is Extinguished?

In Indira Bai V. Nand Kishore, the Supreme Court observed that pre-emptor is a weak right and in Muslim law it is settled law that the right of pre-emption is lost by estoppel and acquiescence. The right of pre-emption is lost by waiver or acquiescence also when the pre- emptor enters into a compromise with […]
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Points to be taken into consideration when plea of private defence is pleaded

Right of private defence cannot be claimed by the attacker. In Laxman v. State of Orissa, the Supreme Court upheld that right to private defence is available only to one who is suddenly confronted with immediate necessity of averting an urgent danger not of his own creation. The necessity must be present, real and apparent. […]
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Limitation on the Right of Private Defence in India – Explained!

(i) Usually an act done by a public servant is presumed to be lawful; (ii) even if it is not lawful law will set right the wrong done by him; (iii) is in the interest of the society that public servant should be given some protection in the discharge of their official duties to maintain […]
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Grounds under which the Law of Pre-Emption is applicable to any Person in India

However, the law of pre-emption is not applicable to Muslims of Tamil Nadu on the ground of equity. Pre-emption is being claimed in this State on the basis of local customs. Such customs are prevalent among the Muslims of Malabar. (B) Customary Law: Under customary law, pre-emption is applicable to Hindus of Bihar, Sylhet and […]
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Life Imprisonment in India – Explained! (Indian Criminal Laws)

A sentence of imprisonment for life would ensure till the lifetime of the accused. If remissions have been given they cannot be regarded as a substitute for such sentence. The High Court was in error in thinking that a person sentenced to imprisonment for life was entitled as of right to be released on completing […]
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List of Persons to whom Indian Penal Code doesn’t apply

(1) President and Governors: The President and Governors are exempt from the jurisdiction of courts in India under Article 361 of the Constitution. No criminal proceedings whatsoever shall be instituted or continued and no process for arrest or imprisonment shall issue against these high dignitaries of the States. (2) Foreign Sovereigns: The immunity from the […]
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Legal Provisions Regarding Enhanced Punishment under Section 75 of the Indian Penal Code

If any person having been convicted of offences relating to Government stamps and coins (Chapter XII) or against property (Chapter XVII) punishable with simple or rigorous imprisonment of three years or more is again guilty of an offence under the aforesaid chapters punishable as aforesaid he shall be guilty for every such subsequent offence to […]
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What is the Difference between Waqf and Trust?

(1) A waqf may be constituted only for those purposes which are recognised as religious, pious or charitable in Islam whereas, a trust may be constituted for any lawful object. (2) Except under Hanafi law, the founder of a waqf cannot reserve any benefit for himself, but the founder of a trust may himself be […]
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Short Essay on “Waqfs” – Muslim Law

In this manner the property remains intact for indefinite period. The object of detaining the property is to ensure that its usufruct may continuously be available for religious and charitable use. The institution of waqf was not known in the pre-Islamic Arabian society. In Quarn too, we do not find any clear provision regarding waqfs. […]
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