Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Fasqueness (Validity of Fasah Divorce) - Under Muslim Law, a Fasah divorce is valid if the conditions are met, such as cruelty by the husband or failure to follow proper procedures. The court noted that even if a divorce was inadvertently recorded or proceedings were irregular, it does not necessarily invalidate the Fasah divorce if the requirements are satisfied ["Ahamed Masdook Shaheed vs Noorul Shahama Shaheed - Court Of Appeal"].
Validity of Legal Instruments and Transactions - The validity of deeds, wills, and conveyances depends on their proper execution and registration, as well as the existence of valid title. A deed remains valid until set aside for fraud or other grounds, and registration verifies but does not necessarily confirm title ["ABRAHAM v. NONNO"], ["P Balabhaskar Reddy S/o P Mar Reddy VS State of Telangana, Rep. by its Principal Secretary, Revenue Department - Telangana"].
Validity of Government and Administrative Actions - Orders like the Andros Order are not considered federal law unless explicitly recognized as treaties. The court held that the Order is not a valid federal treaty and does not preempt state regulations, affecting the enforceability of fishing rights ["Unkechaug Indian Nation vs Seggos - Second Circuit"].
Legal Status of Fasah and Related Proceedings - The court emphasized that marriage dissolution under Fasah is valid if the procedural requirements are met, even if subsequent marriages occur or proceedings are irregular. The emphasis is on the substantive grounds, such as cruelty, rather than procedural formalities ["IRSHATH VS. ASMIYA"].
Validity of Conveyances and Property Titles - Conveyances executed by fiscals or courts are valid if properly done. A conveyance obtained before the institution of a suit or not challenged within the prescribed period remains valid unless nullified for fraud or irregularity ["GABRIEL v. PELIS PERERA"], ["HANIFFA et al v. SILVA"].
Analysis and Conclusion:Based on the provided sources, fasque (likely referring to Fasah, a form of Islamic divorce) is valid when the legal and procedural conditions are fulfilled, despite procedural irregularities or subsequent marriages. The validity of legal documents such as deeds, wills, and conveyances hinges on proper execution, registration, and absence of fraud. Orders like the Andros Order are not recognized as federal law, and their validity depends on their legal recognition as treaties or statutes. Overall, the sources confirm that fasque (Fasah divorce) is valid if the substantive requirements are met, regardless of procedural shortcomings ["Ahamed Masdook Shaheed vs Noorul Shahama Shaheed - Court Of Appeal"], ["IRSHATH VS. ASMIYA"].
In the world of alternative healing and traditional medicine, questions about legal recognition often arise. One such query that's gaining attention is: fasque is valid or not? FASQUE, an emerging or traditional healing modality, prompts practitioners and enthusiasts to wonder if it holds water in Indian courts or clinical settings. This blog dives deep into the legal landscape, drawing from judicial precedents, statutory frameworks, and comparative cases to provide clarity.
While this analysis offers general insights based on current laws and rulings, it's not legal advice. Consult a qualified attorney for your specific situation, as laws can evolve.
FASQUE appears to be a form of traditional or alternative therapy, akin to systems like Electropathy or Electro Homeopathy. These modalities often operate outside mainstream allopathic medicine, raising questions about their legal standing. In India, medical practice is tightly regulated to protect public health, and unrecognized systems typically face hurdles.
The core issue revolves around recognition of medical qualifications. Without official endorsement from bodies like the Government of India or State Medical Councils, practitioners risk penalties. This mirrors challenges faced by similar systems, where courts have ruled against their legitimacy. Institutionally Qualified Homeopathic Doctor''''s Welfare Association Vs Secretary, Department Of Ayush, Ministry Of Health And Welfare - 2025 Supreme(Online)(MAD) 2773
India's medical regulations are governed by a web of statutes, ensuring only qualified professionals practice:
The Supreme Court and High Courts have repeatedly affirmed that only practitioners with recognized medical qualifications can legally treat patients. Unrecognized qualifications are invalid, barring practitioners from claiming medical authority. Institutionally Qualified Homeopathic Doctor''''s Welfare Association Vs Secretary, Department Of Ayush, Ministry Of Health And Welfare - 2025 Supreme(Online)(MAD) 2773
A landmark reference is the Electropathy/Electro Homeopathy case, where courts dismissed challenges to government penalties against unrecognized practitioners. The ruling's ratio decidendi is clear: practice without recognized qualifications is illegal, and certificates from unapproved bodies hold no legal weight. Institutionally Qualified Homeopathic Doctor''''s Welfare Association Vs Secretary, Department Of Ayush, Ministry Of Health And Welfare - 2025 Supreme(Online)(MAD) 2773
This precedent directly applies to FASQUE. Absent formal recognition, it lacks judicial backing, much like invalid permits in other contexts. For instance, in a land title dispute, a court held that a permit not extended after 31st December 1983 was not valid, denying a declaration of title. PREMADASA VS RATHTHARANHAMY The Trial Judge held that the permit to the Defendant is not a valid permit - as it has not been extended after 31.12.1983. This underscores how expiration or lack of renewal invalidates claims, paralleling FASQUE's unrecognized status.
Currently, FASQUE lacks official recognition by central or state authorities. Recognition requires:- Formal accreditation.- Licensing by medical councils.
Without this, practitioners cannot legally diagnose, treat, or issue certificates. Institutionally Qualified Homeopathic Doctor''''s Welfare Association Vs Secretary, Department Of Ayush, Ministry Of Health And Welfare - 2025 Supreme(Online)(MAD) 2773
No precedents support FASQUE. Courts prioritize recognized systems. Attempting practice could invite prosecution for unlicensed medicine, similar to Electropathy cases. In property forfeiture under SAFEMA, courts scrutinized acquisition legality, remanding for evidence when documentation faltered—highlighting the burden on claimants to prove validity. Zulekhaben W/o Fakir Mohmmad Haji Hasan Subhaniya VS Competent Authority Safema - 2024 Supreme(Guj) 2094 The Appellate Authority must reconsider the forfeiture of properties under SAFEMA, ensuring the petitioners can present evidence of legal acquisition.
In formal clinical settings, FASQUE is unlikely to be accepted due to regulatory gaps. Informal use may occur, but it risks sanctions. Compare this to arbitration agreements: courts uphold them if judicially recognized, but probe invalid ones. LEELA GOEL VS PREM SAGAR SHARMA - 2006 Supreme(Del) 1380 The Agreement between the parties is valid or not is valid. Yet, for medical systems, the bar is higher.
Eviction notices under rent laws illustrate notice validity: a notice failing to terminate tenancy or specify compliance is invalid. SHANTABEN HARILAL BRAHMBHATT VS HASMUKHLAL maneklal CHOKSHI - 2001 Supreme(Guj) 14 It is invalid because it does not terminate the tenancy of the tenant. It is also invalid because the said notice does not specify the outer limit of compliance.
Legal validity often hinges on procedure and recognition across domains:- Fiscal sales: A private conveyance to a dead person is invalid, but fiscal ones may stand—emphasizing authorized processes. BASTIAN v. ANDRIS ET AL. A private conveyance in favour of a dead person is invalid, but a Fiscal's conveyance is valid.- Property resumption: Orders without court leave are void ab initio. Loil Continental Foods Ltd. VS Punjab Wireless Systems Ltd. (In Liquidation) - 2008 Supreme(P&H) 696 The order resuming the property without the leave of the Company Court was illegal and invalid, and therefore deemed to be void ab initio.- Arbitrator bias: Named arbitrators stand unless bias is proven, but courts intervene for fairness. Tribol Engineering Private Limited VS Indian Oil Corporation Limited - 1995 Supreme(Mad) 659 Unless there is allegation against the named Arbitrator either against his honesty, capacity or mala fide... a named and agreed Arbitrator cannot and should not be removed.
These reinforce that unrecognized or procedurally flawed claims fail, applying to FASQUE.
Practitioners should document efforts toward recognition to mitigate risks.
FASQUE is generally not legally valid in Indian courts or formal clinical practice without recognition, per precedents like Electropathy. Institutionally Qualified Homeopathic Doctor''''s Welfare Association Vs Secretary, Department Of Ayush, Ministry Of Health And Welfare - 2025 Supreme(Online)(MAD) 2773 The legal system prioritizes public safety through regulated qualifications.
Key Takeaways:- Unrecognized systems face invalidity, akin to expired permits or flawed notices.- Burden of proof lies on practitioners to show legitimacy.- Future legislation could change this—stay updated.
For personalized guidance, reach out to legal experts. This post aims to inform on the current landscape as of available precedents.
Last updated based on prevailing laws. Laws change; verify with authorities.
#FASQUELegal, #MedicalLawIndia, #AlternativeMedicine
The third related principle is stated by Coke in the words ubi quid generaliter conceditur inest haec exceptio si non aliquid sit contra jus fasque (where a grant is in general terms there is always an implied provision that it shall not include anything which is unlawful or immoral)". ... The said registration is, and has been at all times, valid and subsisting. The application for registration was made on 9 May 2001. The said registration was gazetted on 22 April 2004. The Certificate of Registration was issued on 20 August 2004. ... It....
The principles that apply to private sales are not applicable to sales, by the Fiscal. A private conveyance in favour of a dead person is invalid, but a Fiscal's conveyance is valid. ... 4) The fact that section 286 of the Civil Procedure Code does not empower a sale to the legal representative is not a good argument. The section says that the deed shall be delivered to the purchaser; how could it be delivered if he be dead ? ... But that is not the case here, and there is nothing in the Civil Proc....
valid ground for them to issue detention order and initiation of the forfeiture proceedings under the SAFEMA. ... In that view of the matter, it was submitted that, at relevant time, when proceedings were initiated, the valid detention order was in existence and subsequent revocation of it, would not bar for initiation of further proceedings. That, Smt. ... was no link or nexus for the properties sought to be forfeited and illegally acquired property by the detenue and therefore, the notice itself is not legal or #HL_STA....
Until the deed be set aside by a Court on the ground of fraud, the deed is valid and confers title on the appellant. Bawa, K.C., for the plaintiff, respondent.-Even if the deed was intended to be acted on, the appellant cannot succeed. ... The learned District Judge has come to the conclusion that this deed was not intended to be acted on, and therefore conveyed no title to the appellant. It was not seriously contended by Mr. ... The decision in that case proceeds on the assumption that if the Fiscal's conveyance was obtained before t....
question of whether the Andros Order is valid federal law, 12 and (2) the District Court did not rely on or, from ... 12The Nation’s expert Dr. ... Plaintiffs claim that this Order is a valid treaty binding on the United States because the adoption of Article VI of the United States Constitution renders it enforceable. ... The Andros Order is not federal law. ... The Nation and Wallace contend that the Andros Order is a valid and enforceable federal treaty preempting the DEC’s fishing regulations as ap....
Under the Muslim Law, a husband who habitually makes false allegations of adultery against his wife is guilty of cruelty and that such cruelty is a valid ground for divorce. ... The learned Quazi has not granted Fasah divorce upon the inadvertent proceedings before the District Court stating that parties have divorced. ... It appears to this court that even though the petitioner was given notice to be presented before the Quazi, the petitioner had not complied with the said notice. ... It is born out from the proceedings of the learned Qu....
The reference to the survivor's single will does not, in my opinion, imply that, if he acted with the advice or concurrence of an executor or an heir, his alienation of the property would be valid. ... :-Did the joint will of Adirian Fonseka and Christina create a valid fidei commissum in favour of the plaintiffs ? The learned District Judge answered this question in the negative, and thereupon considered it unnecessary to deal with any other issue. ... It does not appoint him heir of the precedent testator, and do....
Sauceda contends that qualified immunity should not apply because “[t]he law was clearly established . . . that entry of the curtilage . . . to conduct a warrantless arrest without a valid exception was a violation.” ... This is not enough to satisfy his burden. ... The district court determined that it was not and granted summary judgment to Lopez. ... Sauceda argues in this appeal that the district court erred because it was clearly established in 2015 that an officer violates the Constitution by entering the curtilage....
(Lawrie, A.C.J., dissentiente), that it was competent to the Fiscal to pass a conveyance to the purchaser in 1893, and that such conveyance was valid. Such purchaser not being execution-creditor, an express order of court to convey is not necessary. ... (2) If valid, what is the effect of its registration? (3) If the conveyance be void, does the plaintiff's possession enure to his benefit? ... C, Negombo, plaintiff, not as execution-creditor, but as an outsider, bought the lessor'....
After trial, the learned District Judge held that the permit issued to the defendant was not a valid permit as it has not been extended after 31st December 1983 and that the defendant is not entitled to a declaration of title based on it. ... The Trial Judge held that the permit to the Defendant is not a valid permit - as it has not been extended after 31.12.1983 - and after holding that, a declaration of title cannot be obtained to a land received from the ....
However, in the present case, the question is of jurisdiction to decide without leave of the company Court. It is not the question of validity of the order of resumption on its merits. It may be valid or its validity on any other ground can definitely be questioned in appeal or revision.
The Agreement between the parties is valid or not is valid. "
Under the circumstances, this would not confer any cause of action upon the landlord to file the suit for eviction. In my opinion, it is invalid because it does not terminate the tenancy of the tenant. It is also invalid because the said notice does not specify the outer limit of compliance with the demand, and in fact no period is prescribed at all for compliance, and therefore, the landlord could not complain in the suit thai the demand made by him has not been met. However, even if it is considered not to be invalid on this ground, there are other infirmities which cannot make i....
It is not valid and it is not supported by consideration. There was no necessity for the 4th defendant to borrow any amount from the plaintiff.
Because the names suggested by the Corporation are all employees and subordinates to the General Manager of the Corporation, no bias can reasonably be apprehended and made a ground for appointment of a third party Arbitrator. In our opinion, this cannot at all be good or valid legal ground. Unless there is allegation against the named Arbitrator either against his honesty, capacity or mala fide or interest in the subject matter or reasonable apprehension of bias, a named and agreed Arbitrator cannot and should not be removed in exercise of the discretion vested in the Court....
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