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Key Bullet Points – Mohammedan Law

  Sources of Muslim Law Primary Sources : Quran, Sunna (Hadith), Ijma (Consensus), Qiyas (Analogy). Secondary Sources : Custom, Judicial Precedents, Legislation (e.g., Shariat Act 1937). Shariat Act, 1937 : Overrides custom; applies personal law to matters like marriage, divorce, maintenance, inheritance, gifts, etc. Schools of Law Sunni School : Majority in India; major sub-sects: Hanafi, Maliki, Shafei, Hanbali. Shia School : Sub-sects: Ithna Ashari, Ismaili, Zaidi. Key difference: Shias believe in Imamate (leadership by Prophet’s family), Sunnis in Caliphate (election-based leadership). Marriage (Nikah) Contractual nature : Not a sacrament but a civil contract. Essentials : Proposal, acceptance, witnesses. Capacity : Puberty (15 for boys, 9 for girls); Option of puberty to repudiate marriage. Disabilities : Prohibited degrees of blood, affinity, fosterage; polygamy limit is four wives. Classification : Valid (Sahih), Void (Batil), Irregu...

In a cheque bounce case under Section 138 NI Act, complaint against the partners alone is sufficient – the firm need not be separately arraigned as an accused Dhanasingh Prabhu v. Chandrasekar & Anr., 2025 INSC 831

Cheque Bounce Case Against Partners Maintainable Even Without Naming Partnership Firm as Accused: Supreme Court Citation: Dhanasingh Prabhu v. Chandrasekar & Anr., 2025 INSC 831 Date of Judgment: 14 July 2025 Bench: Justice B.V. Nagarathna and Justice Satish Chandra Sharma Applicable Law: Section 138 & 141 – Negotiable Instruments Act, 1881 | Indian Partnership Act, 1932 ๐Ÿงฉ Case Insight in Simple Terms: ๐Ÿง‘‍⚖️ Background: Dhanasingh Prabhu lent ₹21 lakhs to a partnership firm Mouriya Coirs (through partners Chandrasekar & another). A cheque was issued by one of the partners on behalf of the firm . The cheque got dishonoured because the firm's account was frozen. Dhanasingh filed a criminal complaint only against the two partners , not the firm , under Section 138 of the Negotiable Instruments Act (NI Act). The Madras High Court quashed the complaint, saying the firm was not made an accused , hence invalid under Section 141 . ๐Ÿง‘‍⚖️ Supreme C...

Judicial Services Examination Preliminary Full-Length Mock Test of 100 MCQs Part2

  Miscellaneous & Statute-Based MCQs (Q51–100) The “Basic Structure Doctrine” was laid down in which case? A. Golaknath v. State of Punjab B. Maneka Gandhi v. Union of India C. Kesavananda Bharati v. State of Kerala D. Minerva Mills v. Union of India The rule of “Strict Liability” was laid down in: A. Rylands v. Fletcher B. Donoghue v. Stevenson C. Grant v. Australian Knitting Mills D. Ashby v. White “Free Consent” under Indian Contract Act is defined in: A. Section 10 B. Section 11 C. Section 13 D. Section 14 Under the Constitution, Directive Principles of State Policy are: A. Enforceable B. Justiciable C. Non-enforceable D. Negative Rights Which Article provides Protection in Respect of Conviction for Offences ? A. Article 19 B. Article 20 C. Article 21 D. Article 22 “Doctrine of Holding Out” applies to: A. Agency B. Sale of Goods C. Partnership D. Bailment The limitation period for filing a suit for recovery of possession of immo...

Judicial Services Examination Preliminary Full-Length Mock Test (100 MCQs) part1

  Judicial Services Full-Length Mock Test – Set 1 Total Questions : 100 | Pattern : Objective MCQs Marking : +1 for correct | 0 for wrong | No negative marking Instructions : Choose the most appropriate option ๐Ÿ”น PART A: Core Law Subjects (Q1–50) Under BNS, "culpable homicide" is defined under: A. Section 100 B. Section 101 C. Section 103 D. Section 105 As per BNSS, FIR must be recorded under: A. Section 149 B. Section 153 C. Section 154 D. Section 157 In BSA, "confession made to police officer" is: A. Admissible under all circumstances B. Admissible only if recorded in police custody C. Inadmissible except under special provisions D. Admissible if made voluntarily Which of the following remedies is not available under Specific Relief Act? A. Specific performance B. Declaration C. Compensation D. Injunction The right of private defence under BNS includes: A. Right to defend property only B. Right to defend only the State C. Ri...

Comparison table of the most common offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) and their equivalent provisions under the Indian Penal Code, 1860 (IPC) to help understand the continuity or changes made

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Comparison table of the most common offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) and their equivalent provisions under the Indian Penal Code, 1860 (IPC) to help understand the continuity or changes made: Offence IPC Section BNS Section Remarks / Changes Murder 302 103 No major change Culpable Homicide 299, 304 100, 105 Retained with reclassification Attempt to Murder 307 109 Retained Hurt / Grievous Hurt 323 / 325 115 / 117 Similar structure Rape 375, 376 63–71 Expanded with clearer categories (e.g. deceit, authority, gang rape) Theft 378 303 Retained Robbery / Dacoity 392 / 395 309 / 310 Retained Cheating 415 318 Retained Criminal Breach of Trust 405 316 Retained Criminal Misappropriation 403 314 Retained Kidnapping 359, 360 137 Retained Wrongful Restraint / Confinement 339 / 340 126 / 127 Retained Criminal Trespass 441 329 Retained House-breaking 445 330 Retained Defamation 499 356 Retained Criminal Intimidation 503 351 Retained Dowry Death 304B 80 Retained Cruelty to...

SC Quashes Conviction in SBI Fraud Case Due to Section 313 CrPC Lapse; Recognizes Juvenility of Co-Accused: Ramji Prasad Jaiswal & Ors. v. State of Bihar

  ๐Ÿ” Ramji Prasad Jaiswal & Ors. v. State of Bihar | Criminal Appeal No. 490 of 2025 | Date: 20 May 2025 ๐Ÿ“Œ Link to Judgment: Supreme Court of India ๐Ÿ”‘ Key Highlights Bench : Justices Abhay S. Oka & Ujjal Bhuyan Issue : SBI fraud through fake transport receipts and criminal conspiracy Charges : IPC Sections 420, 468, 471, 120B, and Section 5(2) r/w 5(1)(d) of Prevention of Corruption Act, 1947 Conviction Set Aside : Due to failure to properly examine accused under Section 313 CrPC Accused No. 3 declared Juvenile under JJ Act, 2000 Criminal Appeal Allowed : Conviction and sentence set aside after 40+ years ๐Ÿงต Brief Background In 1982, a massive banking fraud surfaced at SBI Agriculture Market Yard Branch, Mohania, Bihar. Accused persons, including the bank manager and businessmen, allegedly submitted fake transport receipts to secure fraudulent payments. The primary transporter firm, M/s Rohtas Carriers , was falsely shown to have carried grain c...