Does Rule of Pre-emption apply when Vendor or vendee is Hindu?
How law of pre-emption came to India? The law of pre-emption is essentially a part of Muhammadan jurisprudence. It was introduced into India by Muhammadan Judges who were bound to…
Do Hindu Scriptures have the concept of Pre-emption?
In 1885, while deciding a case related to pre-emption, the Allahabad high court considered the question in detail. The court first quoted the work of Sir W. Macnaghten and then…
The regulations that established the personal laws in India in personal matters of parties
At present in India, Personal laws are applicable to the personal matters of parties like succession, inheritance, marriage, guardianship, divorce and on other custom and usages. Hindu personal law has…
How to mortgage if there are co-sharer in the property?
The law has been explained in the case ‘Byjnath lall v. Ramodeen Chowdry (1874)’ and the decision was further affirmed by Indian courts in various cases. Facts of the Case…
The law related to Waqf- At a Glance
Essential– The settled principles relating to the question of waqf are that the property dedicated by way of waqf must belong to the waqf or the dedicator at the time…
Does marrying second time amounts to cruelty to first wife in muslim law?
Islam allows a man to marry four times, however, it further cautions that a man should marry if he can do justice among his wives. A question arose in the…
Is it compulsory to register Hibanama (gift deed)?
Under s. 147 of the Principles of Mahomedan Law by Mulla, 19th Ed., Edited by Chief Justice M. Hidayatullah, visages that writing is not essential to the validity of a…
Can a muslim widow retain the property of her deceased husband until her dower-debt is paid?
A good authority on this subject is the case of ‘Maina Bibi vs Chaudhri Vakil Ahmed: (1925) 27 BOMLR 796’, judgment of which was delivered by Bombay High Court. An…
Is it legal to not allowed another sect’s muslims from praying in a mosque?
The tussle between sects in muslims is an old problem. The disputes between shia and suuni; deobandi and brailwi; wahabi and sunni; sunni and qadiani; over the pray in a…
Allahdad Khan vs Ismail Khan, 1886- Acknowledgement of sonship
The case Muhammad Allahdad Khan and Anr. vs Muhammad Ismail Khan, (1886) ILR 8 All 234 is an important case on ‘acknowledgement of sonship’ in muslim law. In the case,…