3 edition of Hindu law and its constitutional aspects found in the catalog.
Hindu law and its constitutional aspects
|Statement||by D. Pathak.|
|The Physical Object|
|Pagination||xxxii, 520 p. ;|
|Number of Pages||520|
|LC Control Number||86900735|
Hindu law in its current usage refers to the system of personal laws (i. e., marriage, adoption, inheritance) applied to Hindus, especially in India.  Modern Hindu law is thus a part of the law of India established by the Constitution of India (). This intensively researched book argues that Hindu Law is an essentially flexible and constantly evolving system, that scholars have wrongly proclaimed it dead and merely a relic of an ancient past. The author contends that Hindu Law is very much alive and playing a role even in the current post-modern environment as is apparent in the way the courts themselves interpret various aspects of law.
application. Published in law journals and relied upon in subsequent litigations, the most negative aspects of Hindu and Muslim laws were highlighted and over a period of time became the settled infallible principles of Hindu and Muslim family law. Many a times, the ancient texts were used mainly to co-opt the anti-women provisions of EnglishFile Size: 38KB. Author of Muslim law in modern India, Law of marriage and divorce, Family law, Dowry and protection to married women, Amending powers and constitutional amendments, Private international law, Indian and English, Abrogation of Forty-second amendment, Law of parental control, guardianship, and custody of minor children.
guide is also related with mulla principles of hindu law PDF, include: Murder At The Second Lily Pond A Sadie Weinstein Mystery, Muse Of Art Geodyssey 4 By Piers Anthony, and many other Size: 69KB. This book examines the personal law system – a system of religious family laws – in India. Under the Indian personal law system, Hindus, Buddhists, Sikhs, Jains, Muslims, Parsis, Jews, and Christians are governed by the personal law of their religion in matters relating to the : Jane Calderwood Norton.
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Hindu law, as a historical term, refers to the code of laws applied to Hindus, Buddhists, Jains and Sikhs in British India. Hindu law, in modern scholarship, also refers to the legal theory, jurisprudence and philosophical reflections on the nature of law discovered in ancient and medieval era Indian texts.
It is one of the oldest known jurisprudence theories in the world. Hence the book's title: The spirit of Hindu law. Writing “on the beauty of Hindu law” in the concluding chapter, Davis says the post-French Revolution period of Euro-American legal history is. Modern Hindu law refers to one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians.
This Hindu Personal Law or modern Hindu law is an extension of the Anglo-Hindu Law developed during the British colonial period in India, which is in turn related to the less well-defined tradition of Classical Hindu Law.
The best book on commentary of Hindu Personal Laws are- Modern Hindu Law- RC Nagpal Hindu Law- RR Maurya The best books for understanding the Muslim Personal Law- Mohammedan Law- Aqil Ahmed Muslim Law- Syed Khalid Rashid *Note- There are tonnes of.
Now the book is fabulous. Those who have a liking to read about Hindu culture and how Hindu law developed has been explained in a thorough way. It is useful for practicing lawyers. Students might find this book boring. It is for someone who wants to gain in depth knowledge about Hindu law.
Book is not for all. Only lawyers and practicing advocates.4/5(22). This book written by Shubham Sinha deals with several aspects of modern Hindu law, an extension of the Anglo Hindu law developed during the British colonial period in India. It covers all Hindu laws in a simple way and also similar laws of Muslims, Sikhs, Parsis and Christians.
The world’s view of India as a rising power was being challenged today and India’s claim to its commitment to constitutional values and the rule of. The modern sources of Hindu law such as Justice, equity and good conscience have been critiqued on the grounds that it paves the way for personal opinions and beliefs of judges to be made into law.
We have seen catena of cases where the decisions of the Court have. Hinduism is a compilation of many traditions and philosophies and is considered by many scholars to be the world’s oldest religion, dating back more than 4, years.
Today it is the third. The Indian Penal Code formulated by the British during the British Raj informs the backbone of criminal law in Code of Criminal Procedure, governs the procedural aspects of the criminal law.
Jury trials were abolished by the government in on the grounds they would be susceptible to media and public influence. This decision was based on an acquittal of Kawas. InDieter Conrad, the German scholar, lectured at Banaras Hindu University’s Law Faculty on the topic of constitutional amendments.
He forcefully argued that there ought to be implied limitations on the Indian Parliament’s power to amend the Constitution, bearing Germany’s experience with the Weimar Constitution in mind. Training Package on Administrative Law. This book covers the following topics related to Administrative Law: Conceptual Analysis Issues and Prospects, Classification of Administrative Power, Delegated Legislation and its Control, Administrative Discretion and its Control, Administrative Adjudication / Tribunal, Principles of Natural Justice or fairness, Disciplinary action against Public.
Under pure Hindu law, a gift cannot be made in favour of a person who was not in existence at the date of the gift. To remove this incapacity, this rule has been altered by 3 acts namely: The Hindu Transfers and Bequests ActHindu Disposition of Property actand; The Hindu Transfers and Bequests (City of Madras) Act Introduction Hindu Marriage Act, has reformed Hindu law of Marriage.
It is a landmark in the history of social legislation. It has not simply codified the Hindu law of marriage but has introduced certain important changes in many respects.
The Hindu marriage. David S. Clark, in International Encyclopedia of the Social & Behavioral Sciences (Second Edition), India and Hindu Law. As in China with Confucianism, Hinduism in India is an ancient system of thought, with religious, philosophical, and social underpinnings, that has served as a guiding force in society to control human conduct.
The term ‘Hindu law’ was “coined by British Orientalists and administrators in the later 18th century to refer to the general system of law prevailing among the Hindu majority before the. The introduction of this book takes one back to the memories of ones forefathers and make it to understand what is Hindu Dharma and its greatness and the advanced thoughts of sages about changing nature of dharma.
It is not far from truth that law is different form Dharma. It's a /5(7). Through this paper, we want to analyse the constitutional validity of various provisions of the Hindu Succession Act,which is a personal law applicable to the Hindu citizens of India.
We have attempted to briefly explain how the flaws in the said Act pose a constitutional challenge, and have also tried arriving at a solution for the : Prakriti Agarwal. The Hindu Code defines custom and usage as “Any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law in any local area, tribe, community, group or family, if it is certain and not unreasonable or opposed to.
The Hindu Law of Inheritance (Amendment) Act, The Hindu Marriage Disabilities Removal Act, The Hindu Married Women's Right to Separate Residence and Maintenance Act, The Hindu Widow's Re-marriage Act, The Hindu Women's Rights to .Description. The book Hindu Law of Marriage and Divorce envisages the myriad dimensions of marriage under the purview of Hindu Law.
The colossal transition in the concept of marriage, right from its inception till the implementation of the Hindu Marriage Act, (and it's subsequent amendments) has been construed in this book in the most intricate way.In Sir Dinshah ’s ‘Principles of Hindu Law’, the learned editor has defined ‘Hindu law’ in the following words: ;Wherever the laws of India admit operation of a personal law, the rights and obligations of a Hindu are determined by Hindu law, i.e.
his traditional law.