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Author: M. N. Kaul
Publisher:
ISBN: 9788120003040
Category :
Languages : en
Pages : 1041
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Author: M. N. Kaul
Publisher:
ISBN: 9788120003040
Category :
Languages : en
Pages : 1041
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Book Description
Author: Mitra Sharafi
Publisher: Cambridge University Press
ISBN: 1107047978
Category : History
Languages : en
Pages : 369
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Book Description
This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seems to have done so earlier or in more pronounced ways than the Parsis.
Author: Bhimrao Ramji Ambedkar
Publisher:
ISBN:
Category : India
Languages : en
Pages : 632
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Author: JATINDRA KUMAR DAS
Publisher: PHI Learning Pvt. Ltd.
ISBN: 812034829X
Category : Law
Languages : en
Pages : 1157
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Book Description
The book written with a rich teaching experience of the author at National Law University and State University, attempts to critically analyse Indian High Court and Apex Court cases on the Law of Civil Procedure. It also evaluates the relation between statutory procedural law and case laws as subject. Most importantly, the book presents recent judgments of Supreme Court, particularly based on Post Amendment Acts of 1999 and 2002. Also, these cases have been analysed in addition to a critical examination of the radical and far reaching effect of the Code. This lucid and well-organised book is divided into five parts. Part I develops theoretical foundations of the readers on Civil Procedure Code. Part II demonstrates certain important issues on the (i) scope of jurisdiction of civil courts to entertain disputes, (ii) principles governing res sub judice, res judicata and foreign judgement, (iii) nature of powers exercised by civil courts in matters relating to place of suing, institution of suit, transfer of cases, withdrawal and compromise of suits, (iv) necessary conditions for first hearing, interim order, trial as well as special suits, (v) scope and ambit of law relating to pleadings, appearance and non-appearance of parties, discovery, inspection, production of documents, death, marriage, insolvency of parties, judgment and decrees. Part III explores various issues on appeals, reference, review and revision. In this part, an attempt has also been made to discuss different facets of law on first appeal, second appeals, appeals from orders, appeal by indigent persons, appeals to the Supreme Court. Part IV is devoted to discuss various principles on execution. Part V deals with miscellaneous issues on the Law of Civil Procedure and includes Appendix on the Law of Limitation. The book will prove useful to the students of LLB and LLM for their course study. Besides, the book will be of immense use to the professionals. Key Features • Written with case analysis method. • Contains an authoritative discussion on the complexity of the Second Appeal after its determination and re-determination since the British period. • Important Supreme Court and High Court decisions are examined and analysed critically.
Author: Eric Roy Calvert
Publisher:
ISBN:
Category : Capital punishment
Languages : en
Pages : 240
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Book Description
Author: C.M. Abraham
Publisher: BRILL
ISBN: 9004635432
Category : Law
Languages : en
Pages : 191
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Book Description
Within the last two decades, India has not only enacted specific legislation on environmental protection but has also virtually created a new fundamental right to a clean environment in the Constitution. The models and methods adopted in the Indian context appear, at first sight, similar to those in other common law systems. Yet there are many subtle differences which have changed the structure and content of legal development in India. Indian environmental jurisprudence brings out the unique characteristics of a new legal order which has gradually been established in India. The distinguishing nature of this jurisprudence, as this book shows in detail, has three interconnected elements. First, the nature of the new Indian constitutional law regime accords greater importance to public concerns than protecting private interests. Secondly, this jurisprudential development reflects certain aspects of Indian legal culture, through implicit and explicit reliance on autochthonous values and concepts of law, encapsulated in the Indian juristic postulate of dharma. Thirdly, the emerging Indian environmental jurisprudence bears testimony to the activist role of the Indian judiciary which has also had a significant impact in many areas other than environmental law. In short, the development of environmental jurisprudence in India manifests neo-dharmic jurisprudence in postmodern public law. It accommodates ideas currently voiced by experts around the world for protecting the environment in forms modified by the Indian legal culture.
Author: Arun Shourie
Publisher: HarperCollins
ISBN: 9350295393
Category : Social Science
Languages : en
Pages : 411
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Book Description
Over the last couple of decades, B.R. Ambedkar has come to be idolized as no other political leader has. His statue is one of the largest in the Parliament complex. Political parties have reaped rich electoral dividends riding on his name. A decades-old cartoon of him in a textbook rocked Parliament for days recently, causing parties across the political spectrum to run for cover and call for the withdrawal of the 'offending' cartoon. In Worshipping False Gods, Arun Shourie employs his scholarly rigour to cast a critical look at the legend of Ambedkar. With his distinctive eye for detail, Shourie delves into archival records to ask pertinent questions: Did Ambedkar coordinate his opposition to the freedom struggle with the British? How does his approach to social change contrast with that of Mahatma Gandhi's? Did the Constitution spring from him or did it grow as a dynamic living organism? Passionately argued and based on a mountain of facts that it presents, Worshipping False Gods compels us to go behind the myths on which discourse is built in India today.
Author: Abhishek Singhvi
Publisher: Springer Nature
ISBN: 9811529973
Category : Law
Languages : en
Pages : 336
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Book Description
This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book’s content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like – what is the true meaning of ‘martial law’; who can invoke ‘martial law’; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of ‘emergency powers,’ these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.
Author: William Allen Jowitt
Publisher: London : Sweet & Maxwell
ISBN:
Category : Law
Languages : en
Pages : 120
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Book Description
Author: James Fitzjames Stephen
Publisher:
ISBN:
Category : Evidence (Law)
Languages : en
Pages : 252
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Book Description
