This document provides an overview of the Hindu legal system and its influence. It discusses that Hindu law is a personal law that applies not just in India but also other countries with Hindu populations. The key concepts of Hindu law are discussed including Dharma, Shruti, Smriti, and the caste system. The evolution of Hindu law is summarized from the Classical period to the Anglo-Hindu and Modern periods. Major attempts to codify Hindu law are noted. The roles of customs, families, and castes are outlined. Examples of Hindu law's influence on legal systems in other ancient civilizations are given.
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
PRECEDENTS AS A SOURCE OF LAW
DIFFERENT DEFINITION OF PRECEDENTS
ARTICLE 141 OF THE CONSTITUTION OF INDIA
HIERARCHY OF COURTS IN INDIA THE APEX COURT AT THE TOP AND OTHER COURTS AS SUBORDINATE COURTS
NATURE AND CHARACTERISTICS OF PRECEDENTS
DIFFERENT KINDS OF PRECEDENTS
DOCTRINE OF STARE DECISIS
DECISION SUB SILENTIO
DOCTRINE OF PROSPECTIVE OVERRULING RATIO DECIDENI OF A CASE OBITER DICTUM OF THE CASE
MERITS OF PRECEDENTS
DEMERITS OF PRECEDENTS
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
LLB LAW NOTES ON HINDU LAW FAMILY LAW
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
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The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
PPT comprises of detailed position of personal and general law on Maintenance, with the specifications as to who are the claimants, criteria of claim and reformation in law, by judiciary.
LLB LAW NOTES ON HINDU LAW FAMILY LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The objective of the paper is to apprise the students with the laws relating to marriage, dissolution, matrimonial remedies, adoption, contemporary trends in family institutions in India, in particular the Hindus and Muslims.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
The term “intestate succession” implies succession to the property of a person who dies without making any testamentary disposition of it.
It also refers to property which an intestate leaves behind him to pass to his heirs.
The Chapter under HSA containing Sections 5 to 17 are grouped under the heading “Intestate Succession general”.
When a Hindu male dies intestate in India, that is without leaving a will, the devolution of his property upon his heirs is done by the rules specified under the Hindu Succession Act 1956.
Introduction
Sources of law
Constitution of India
Preamble to the Constitution
Fundamental Rights
Fundamental Duties
Indian Judiciary System
Criminal Law
Civil Procedure Code
Family Law
Indian Contract Act 1872
Sale of Goods Act 1930
Industrial Disputes Act 1947
Minimum wages Act 1948
Factories Act 1948
Consumer Protection Act 1986
Trademarks Act 1999
Right To Information Act 2005
Companies Act 2013
Black Money Act 2015
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The encyclopaedia of education defines legal education as a ‘skill for human knowledge which is universally relevant to the lawyer’s art and which deserve special attention in educational institution.’ Legal education is the education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law or business. • Legal education makes lawyer an expert who pleads for all like the doctor who prescribes for all, like the priest who preach for all and like the economist who plan for all.
Legal education is the preparation for the practice of law. Law is a special calling demanding high quality of study and research and commitment to the cause of justice. Law is the foundation of every society or a nation. Legal Education of the people is a sine qua non. Legal Education does not only create law- abiding citizens, but also produces brilliant academicians, visionary judges, astounding lawyers, and awe-inspiring jurists.
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His public legal instruction created a class of legally skilled non-priests or jurisprudents. • Coruncanius allowed members of the public and students to attend consultations with citizens in which he provided legal advice. • After Coruncanius' death, instruction gradually became more formal, with the introduction of books on law beyond the then scant official Roman legal texts.
Canon and ministerial law were studied in universities in medieval Europe. • However, institutions providing education in the domestic law of each country emerged later in the eighteenth century. • In England, legal education emerged in the late thirteenth century through apprenticeships. The Inns of Court controlled admission to practice and also provided some legal training.
English universities had taught Roman and canon law for some time, but formal degrees focused on the native common law did not emerge until the 1800s. • Even from common roots, the United States and the United Kingdom developed very different systems for preparing lawyers for practice.
The term “Secular” means being "separate" from religion, or having no religious basis. A secular person is one who does not owe his moral values to any religion. His values are the product of his rational and scientific thinking.
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Hindu legal system
1. HINDU LEGAL SYSTEM AND
ITS INFLUENCE
PRESENTED BY-
SMITA SATAPATHY
ROLL NO-020
LLM
2. INTRODUCTION
Hindu law is a personal law. In addition to
India, it is also applied to Hindus in other
countries such as Burma, Malaya, Kenya and
Tanzania.
The word “Hindu used to refer to the ethnic
group of people or Indians and, in the thirteenth
century, the word “Hindu” was more widely used
to distinguish them from the Islamic kingdoms
within India.
3. “Hinduism” was used during the British
Rule in the nineteenth century to refer
to the Hindu religious culture group as
distinct from Christianity and Islam.
The following people are considered to
be Hindu with respect to application of
Hindu Law-
• Hindu by Religion
• Hindu by Birth
• Persons who are not Muslim, Christian,
Jew, or Parsee by religion.
• Persons who are not governed by any
other religious law will be governed by
Hindu Law.
4. RELIGIOUS CONCEPTS
The word dharma is derived from the root
dhr, which means to uphold, sustain, and
nourish. "Dharma" is a comprehensive term,
that encompasses notions of duty, morality,
ritual, law, order, and justice.
Law embraced all of life and was
synonymous with virtue. The Hindu word
for law- "dharma"-shows this derivation
5. Shruti means "what is heard".
Smriti means "what is remembered
Smritis can be divided into two - Early smritis
(Dharmasutras) and Later smritis
(Dharmashastras).
Dharmasutras were mostly written in prose
form but also contain verses. It is clear that
they were meant to be training manuals of
sages for teaching students. Important are-
Gautama-inheritance, partition, and stridhan
Baudhayan- marriage, sonship, and
inheritance
Apastamba- rejected prajapatya marriage
Vashistha- remarriage of virgin widows
6. Dharmashastras were mostly in metrical
verses and were based of Dharmasutras.
However, they were a lot more systematic
and clear. They dealt with the subject matter
in three parts-
Aachara : This includes the theories of
religious observances,
Vyavahar : This includes the civil law.
Prayaschitta : This deals with penance and
expiation.
7. Manusmriti compiles all the laws that were
scattered in pre-smriti sutras and gathas.
Commentaries (bhasya) take the form of
linguistic exegeses, hypothetical examples,
and theoretical disquisitions on a single
Dharmasastra text.
Caste system- 4 types-
1. Brahmanas
2. Kshtriyas
3. Vaisyas
4. Sudras
8. The Hindu law, as we all know, got
divided into two branches --- the
Mitakshara and the Dayabagha.
The Mitakshara prevailed over the
whole of India except Bengal and
Assam, while the Dayabhaga prevailed
in Bengal and Assam.
The difference arose because two
different interpretations were given by
the commentators to one word `pinda’
9. Hindu law can primarily be divided
into three categories:
1. the 'Classical Hindu Law',
2. the 'AngloHindu Law', and
3. the 'Modern Hindu Law'.
The Classical Hindu Law includes
the diverse legal practices
connected with the Vedic Traditions
in some ways and existing from the
Vedic times until 1772. This phase
10. Anglo-Hindu Law can be divided into two
phases.
1. The first phase is the period between 1772
and 1864. This phase starts in 1772 when
the British adopted rules for administration
of justice in Bengal.
2. The second phase is the period between
1864 and 1947. After 1864, India was
formally part of the British Empire, and in
1947, India became independent of the
11. Modern Hindu Law-The British
adopted (especially during 1864
and 1947) the modern law or the
English legal system and replaced
the existing Indian laws, except for
laws related to family or personal
matters like marriage, inheritance
and succession of property. Family
law or the personal law applicable to
Hindus is the Modern Hindu Law.
12. ATTEMPTS TO CODIFY LAW
A major attempt at codification was made in
1947 when the Hindu Code Bill was
introduced in the Indian Legislative
Assembly.
Fresh efforts were made to codify the law in
a piecemeal fashion as a result of which the
Hindu Marriage Act of 1955, the Hindu
Succession Act of 1956, the Hindu Minority
and Guardianship Act of 1956, the Hindu
Adoption and Maintenance Act of 1956 and
13. ROLE OF CUSTOMS
Customs means a traditional and widely
accepted way of behaving or doing
something that is specific to a particular
society, place, or time.
Customs are of three types:
Local Customs- The peculiar law of a country
prevailing from time immemorial without
conflicting with the Vedas is called Desachar
or local or territorial custom
14. Family Customs- kulachar is the usage
confined to a particular family
Caste and Community Customs – A caste
custom binds all the members of a caste
residing in a particular area. It varies with
localities even among the members of the
same caste.
Custom and usage are not synonymous
terms. A usage is a repetition of acts
whereas custom is the law or general rule
15. INFLUENCE OF HINDU LAW
Marriage rites transmitted through
Greece to Rome, i.e. after the birth of
a child the rite of purification was
performed.
Ceremony of tonsure spread to
China and Japan.
Greece adopted belief to have a son
16. Father considered as head of the family
in Rome
In Rome at the time of the Twelve Table
(No. 4), like Hindu father, could sell his
offspring only in cases of extreme
necessity in order to save both from
privation.
Woman must never seek independence,
Roman and Greece, adopted the
principle of perpetual guardianship for
women
17. CONCLUSION
The principles of Hindu law
constitute an unusual unmatched in
the history of the world. Unlike other
religion Hinduism does not require its
members to accept particular
religious doctrines about God, and
soul, the creation, redemption, and
so on. It is open to every Hindu to
believe in one God or another, in