Friday 26 April 2024

What are necessary pre-requisite for giving of gift as per muslim law?

 According to Muslim Personal Law in India, a gift is known as "Hiba". The gift under Muslim law is given effect by a declaration of gift by the donor and its acceptance by the donee. Here's how it is done:

  1. Declaration (Offer) by the Donor (Offeror):
    • The donor must declare the gift clearly and unambiguously.
    • The declaration should specify the subject matter of the gift.
    • The declaration must be made during the lifetime of the donor.
Print Page

What is gender stereotyping as per Indian law?

 Gender stereotyping refers to the practice of assigning certain characteristics, roles, and behaviors to individuals based on their gender. In the context of Indian law, gender stereotyping is considered a form of discrimination and is prohibited under various statutes, including the Constitution of India and specific anti-discrimination laws such as the Protection of Women from Domestic Violence Act, 2005, and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Under Indian law, gender stereotyping can take various forms, such as:

Print Page

What is basic concept of Rigor mortis?

 Rigor mortis is a natural process that occurs in the human body after death. It's a Latin term that translates to "stiffness of death."

When a person dies, their body begins to undergo several changes. One of the most noticeable changes is rigor mortis, which usually starts within a few hours after death and peaks around 12-24 hours later. During rigor mortis, the body becomes stiff and rigid due to chemical changes in the muscles.

Print Page

Supreme Court: Motor accident claim tribunal must give compensation on account of future prospect to housewife on her notional income

 When it comes to the second category of cases, relating to notional income for nonearning victims, it is my opinion that the above principle applies with equal vigor, particularly with respect to homemakers. Once notional income is determined, the effects of inflation would equally apply. Further, no one would ever say that the improvements in skills that come with experience do not take place in the domain of work within the household. It is worth noting that, although not extensively discussed, this Court has been granting future prospects even in cases pertaining to notional income, as has been highlighted by my learned brother, Surya Kant, J., in his opinion [Hem Raj v. Oriental Insurance Company Limited, (2018) 15 SCC 654; Sunita Tokas v. New India Insurance Co. Ltd., (2019) 20 SCC 688]. {Para 25}

 REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1920 of 2021

Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd.

Author: Surya Kant, J:

Dated: January 05, 2021.

Read full Judgment here: Click here.

Print Page