Family Law I
Sources and Schools of Muslim Law
This topic answers two questions that sit at the base of Muslim law:
15 min read
Articles
Study notes and articles
Clear explanations of Indian law, written for students: concepts, provisions and the cases that shaped them.
Family Law I
Iddat
About this topic ▶ Watch this part of the lecture (0:00) Iddat decides when a Muslim woman whose marriage has ended may marry again. The answer is different for a widow, for a woman divorced after consummation and for a woman divorced before consummation. Example Three Muslim women visit a lawyer…
10 min read
Family Law I
Restitution of Conjugal Rights
About this topic ▶ Watch this part of the lecture (0:00) Restitution of conjugal rights is the remedy by which one spouse asks the court for an order sending the other spouse back home. It is found in Section 9 of the Hindu Marriage Act, 1955 . Example Three files on a Family Court judge's desk, ea…
23 min read
Family Law I
Theories of Divorce
About this topic ▶ Watch this part of the lecture (00:00) Divorce law rests on three theories: the fault theory , the consent theory and the theory of irretrievable breakdown of marriage . Each theory asks a different question before a marriage is dissolved, and Indian law has moved step by step fr…
11 min read
Family Law I
Muta Marriage
Meaning and recognition of muta ▶ Watch this part of the lecture (0:00) A muta is a marriage contract with an end date, much like a rent agreement. When that date arrives, the marriage is over. Nobody pronounces talaq, and nobody goes to court. The word muta means enjoyment . Key point Muta is a te…
7 min read
Family Law I
Marriage under Muslim Law
About this topic ▶ Watch this part of the lecture (0:00) These notes cover marriage ( nikah ) under Muslim law: its nature as a civil contract, the essentials of a valid nikah, capacity to marry, the Sunni classification of marriages into valid, void and irregular, the prohibited relationships, the…
17 min read
B.N.S.
Mischief
Not every act that damages property is a crime. Damage to property becomes a crime when it amounts to the offence of mischief under Section 324 of the B.N.S. The three problems below are solved at the end, after the law is set out.
8 min read
B.N.S.
Dacoity
Dacoity, often called gang robbery , is dealt with in Section 310 of the B.N.S. It is one of the few offences that the law punishes at almost every stage: preparation, assembly, attempt, commission and even habitual gang membership. Two problems frame the topic.
7 min read
Public International Law
State Jurisdiction
State jurisdiction asks a basic question of Public International Law: when may a state make, enforce and apply its law to a person, a thing or an event? The topic covers the three kinds of jurisdiction, the five recognised bases (the "keys") on which a state may claim jurisdiction, the two limits (…
16 min read
Public International Law
Law of Diplomatic Envoys and Representatives
The law of diplomatic envoys explains who a diplomat is, what a diplomatic mission does, what privileges and immunities a diplomat enjoys in the receiving State, and what limits keep a diplomat answerable. The subject is best approached through a practical problem.
20 min read
B.N.S.
Theft
Theft is defined in Section 303 of the B.N.S. It is the first section of Chapter 17, which deals with offences against property. These notes cover the definition, the five requirements built into it, the situations in which the taker's mind is innocent (with two leading cases), the punishment under…
16 min read
Public International Law
Law of Sea
The Law of the Sea governs every patch of ocean by asking the same set of questions. Once these questions are understood, almost any problem in the subject can be solved.
36 min read