Nature and scope of hindu law pdf

We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the decisions of our supreme court and various high courts. Also, this law has not only codified hindu marriage law. This book contains topics of nature and scope of law of evidence, basic principles of law of evidence, general principles concerning admissions, relevance of judgments, general principles concerning oral evidence, general principles concerning documentary evidence, primary and secondary evidence, competency and comparability of witnesses, the general. Understand different types of audit and relationship of auditing. Object, scope and nature of criminal procedure code. Jurisprudence notes the nature of law desi kanoon law. Lord indra also held that the life of a householder is only superior and sacred and gives scope for the fulfillment of lifes mission.

Nature and scope of cyber crime the cyber crime is now no more limited to few sporadic incidents of unauthorized access to a particular computer or a particular cyberspace with a view to damaging its data or sabotaging the system which few years were called the computer espionage. An obligation to maintain wife and children, an order of the court of law etc. Scope of environmental laws and international treaties in india 1 2nd year student, b. Nature has two interrelated meanings in philosophy. It enquires into the nature of the universe in which we live, the nature of the human soul, and its destiny, and the nature of god or. The fundamental rights, as embedded in the indian constitution, ensure equal and fair treatment of the citizens before the law. In a wider sense it includes any rule of human action for example, religious, social, political and moral rules of conduct. In the present article, the scope will be restricted to finding out the sources of hindu law, and critique on some of the definitional aspects of the sources and a general critique of the sources.

The scope of mercantile law is very wide and varied. However, some obligations are outside the purview of the law of contract. Nature and scope of criminology criminology is, ordinarily, the science of crime and seeks to study the phenomenon of criminality in its entirety. As a consequence, a house previously valued at some. As an example, every indian citizen in free to practice a religion of his choice, but that is not so in the gulf countries. Administrative law is that branch of the law, which is concerned, with the composition of powers, duties, rights and liabilities of the various organs of the government. Our right to speech and expression allows us to freely criticize the govt. We have now the codified hindu law in the form of acts and also the uncodified hindu law, and also the.

Sources of hindu law the sources of hindu law can be classified under the following two heads. An infallible justice has been compiled primarily from two sources. Doc definition and scope of administrative law nimisha. The hindu marriage act of 1955 has reformed the marriage according to hindu law. An infallible justice, compiled from lectures and srimadbhagavatam purports by his divine grace a.

In the present article, the scope will be restricted to finding out the sources of hindu law, and critique on some of the definitional aspects of the. Hindu law, though believed to be of divine origin, is based essen. The rights that are basic to the advancement of the human race are called fundamental rights. It includes law relating to contracts, partnership, sale of goods, negotiable instruments, companies, insolvency, insurance, carriage of goods, etc. Nature of administrative law administrative authorities and the nature of their power judicial or purely executive. Sep 16, 2012 nature and scope of hindu law hindu law, though believed to be of divine origin, is based essentially on immemorial custom and many of the acts of the people which were purely of a secular nature. Mar 25, 2015 ethics may also refer to the rules of conduct recognized in respect of a particular class of human activities e. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. Under hindu law, the wife has an absolute right to claim maintenance from her husband. Hindu law, though believed to be of divine origin, is based essentially on immemorial custom and many of the acts of the people which were purely of a secular nature.

The genealogy of hindu law is a complicated matter itself. Based on hindu law, the marriage is a sacred tie and last of ten sacraments that can never be broken. Since it is highly interdisciplinary in nature so it shares close links with other sister discip. So the sources of dharma are the sources of hindu law. Family laws hindu law, muslim laws, special marriage act. It enquires into the nature of the universe in which we live, the nature of the human soul, and its destiny, and the nature of god or the absolute, and their relation to one another. As one begins to study the specifics of a particular branch of law it becomes important to know why and how the said branch of law came about. Machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and the determination of punishment of the guilty. Nature of marriage under hindu law the concept of marriage is to establish a relationship between husband and wife. The hindu minority and guardianship act, 1956 came into force at a time when the general hindu law as administered by the courts did not recognise the adoption of a daughter. Scope of audit the following points merit consideration in regard to scope of audit. It does not, however, mean that there was no administrative law before this century.

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. Class notes on family lawhindu law 1 unit i 1st sem. The indian soil has not only been productive in deep thinkers, eminent founders of world religions and gifted poets, but it has brought forth a system of law, which, after having spread over the whole vast continent of india, has penetrated at an early period into burma and siam, and. Along with this the origin of hindu law who is known as hind. It specifies the remedies that are available against a person who fails to perform the. It is an attempt to arrive at a rational conception of the reality as a whole. Till the codification of hindu law in 1995 and 1956 the hindu women did not enjoy equal rights along with the hindu men. Understand the functional classification and qualities of an auditor. Thus, at the time of passing of the act, the adoption of daughters was only allowed under custom and not under codified law.

With the passage of time the scope of this rights has been wider and both the. The first is a series of talks given on the sri isopanisad by. It determines the circumstances under which promises made by the contracting parties shall be legally binding on them. On the other hand, it means the essential properties and causes of individual things how to understand the meaning and significance of nature has been a consistent theme of discussion within the history of western. Law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. The audit should be organized to cover adequately all aspects of the enterprise relevant to the. Scope and extent of amendment of pleadings academike. May 16, 2017 hindu law has not been made by legislature but it is the law made by the divine being and which has been rebuilt in the vedas. Jurisprudence notes nature and scope of jurisprudence. Hindu law has not been made by legislature but it is the law made by the divine being and which has been rebuilt in the vedas. Jun 25, 2019 download law of evidence text book pdf. Introduction and nature of indian contract act, 1872. Nature and scope the concept of amendment of pleadings can be traced back to the decision of the privy council in the case of ma shwe mya vs. Maintenance hindu, muslim, christian and parsi laws.

These are status obligations and so out of the scope of the contract act. Hindu marriage as a religious sacrament your article library. Women have always been discriminated against and have suffered and are. It is one of the oldest known jurisprudence theories in the world. A void marriage as par hindu marriage act is one that requires no formality to terminate, as it was invalid from the very beginning as it did not follow the strict grounds of a valid marriage as prescribed in the act. Machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person, and. But in as much as hindu law is a body of principles or rules recognised and allowed by the sovereign to govern the subjects and inasmuch as what a sovereign can alter can be taken to have been impliedly commanded by him, even hindu law can be said, in a qualified sense, to have been promulgated by the sovereign within the definition of austin. Hindu law, though believed to be of divine origin, is based essentially on. This statement is, however, sometimes so overstressed, that the real nature of marriage is obscured, and it is forgotten that it has other important aspects as well, both social and religious. On the one hand, it means the set of all things which are natural, or subject to the normal working of the laws of nature. It is considered as a landmark in the history of social legislation. Doc hindu law college notes for exames naveen kumar shelar. Sep 24, 2016 such an obligation must be contractual in nature.

Jurisprudence and even now it shows no signs of decrepitude. Sources of hindu law the sources of hindu law can be classified under. What is the nature and essentials of a muslim marriage. Aradhya gupta in this video,we have discussed the introduction of hindu law. Administrative law is a judgemade law which evolved over time. According to the muhammadan law, marriage nikah is a civil contract, the object whereof is to legalise sexual intercourse and the procreation of children. The concept of hindu law is deeply rooted in the hindu philosophy and hindu religion. Pdf administrative law nature and scope deepa shetty v. The ancient hindu social structure and its continuance in modern times is, to a great extent, outcome of the hindu philosophy and religion. Hindu law, as a historical term, refers to the code of laws applied to hindus, buddhists, jains and sikhs in british india. Doc hindu law college notes for exames naveen kumar. Lavanya rajamani, public interest environmental litigation in india.

Criminology as a branch of knowledge is concerned with those particular conducts of individual behaviour which are prohibited by society. Founder of mitakshara school vijaneshwar said, sources are the means of knowing law. Administrative law scope, definition and emergence. Nature, scope and development of administrative law. The hindu succession act, 1956, hindu marriage act, 1955, hindu adoption maintenance act, 1956 and hindu minority. Ethics may also refer to the rules of conduct recognized in respect of a particular class of human activities e. The hindu marriage act, 1955 act 25 of 195518th may, 1955 an act to amend and codify the law relating to marriage among hindus. Therefore, by understanding the nature of law, its concepts and distinctions, a lawyer can find out the actual rule of law. The hindu marriage act punjab and haryana high court. Hindu marriage act 1955, hindu succession act 1956, hindu. Adjudicative freiedmann, while dealing with the nature and scope of administrative law says that administrative law includes the law relating to i the legislative powers of the administration, both at common law and under. In the field of law, the most significant and outstanding development of the 20th century is the rapid growth of administrative law. Explain the nature and scopes of administrative law and distinguish it from constitutional law.

This article tells about the origin, nature and scope of hindu law. Hindu law explained nature, scope and sources of hindu law. According to the learned author, wherever the laws of india admit operation of a personal law, the rights and obligations of a hindu are determined by hindu law, i. The nature and the scope of hindu law are described below. But the secular nature of the acts have been modified to suit the religious preferences of a brahmin community. Administrative law scope, definition and emergence ipleaders. Introduction in 1986, norfolk county council created a route for road bypass. Right of hindu wife to maintenance under hindu adoption and maintenance act.

Hons, hidayatullah national law university, raipur c. Jurisprudence is the eye of law and the grammar of law because it throws light on basic ideas and fundamental principles of law. Mercantile law or business law definition scope sources. Hindu law is based on tradition and analytical in nature. Law is any rule of human conduct accepted by the society and enforced by the state for the betterment of human life. Natural law is also called divine law or law of reason or the universal law and eternal law. Source of hindu law ancient mordern justice equity judicial sruti smrti legislature. Mercantile law is concerned with the study of rights and obligations arising out of mercantile transactions between. Learning outcomes nature, objective and scope of audit after studying this chapter, you will be able to. It derives its study matter from other sciences and social sciences and does its synthesis. The ultimate aim of life, according to hindu law is to achieve salvation or moksha from the physical world. Sep 16, 2016 the list of fundamental rights is a clear measurement for how free we really are.

Classroom live lectures edited, enlarged and updated. Recounting this controversy is not within the scope of this book, but the denial of this important concept has left a void in the world view of the western peoples. The hindu law of inheritance amendment act, 1929 the hindu marriage disabilities removal act, 1946 the hindu married womens right to separate residence and maintenance act, 1946 the hindu widows remarriage act, 1856 the hindu womens rights to property extension to agricultural land act, 1943. But in a secular point of view it is a manmade institution of control. Mar 24, 2019 scope of administrative law slideshare, nature and scope of administrative law in hindi, definition and scope of administrative law, evolution and scope of administrative law, nature and scope of. All about hindu minority and guardianship act, 1956 ipleaders. Class notes on family lawhindu law 1 unit i 1st sem 3 year. Women in hindu law hindus have considered personal law based on the dharmashastra, a part of their religious tradition reporter, 2010 11. Module 1 5 has been characterized as the most outstanding legal development of the 20thcentury. Explain the nature and scopes of administrative law and.

Define audit and understand the objectives of audit, principles governing audit etc. Law of contract is the most important branch of mercantile law. The council refused to buy the house on the basis that its acquisition was. Natural law is established by reason by which the world is governed, it is an unwritten law and it has existed since the beginning of the world and hence, is also called eternal law. Class notes on family lawhindu law 1 unit i 1st sem 3. For a thorough knowledge on hindu law one must sit with these great masters.