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Hindu Family Law: As Administered in British India

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W. Thacker and Co.
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Open LibraryOL23492184M

Hindu Family Law: As Administered in British India Item Preview Hindu Family Law: As Administered in British India by Ernest John Trevelyan. Publication date Publisher Book from the collections of Harvard University Language English.

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Book digitized by Google from the library of Harvard University and uploaded to the Internet Pages: Additional Physical Format: Online version: Trevelyan, Ernest John, Sir, Hindu family law. London: W. Thacker and Co., (OCoLC)   A Short Treatise on Hindu Law as Administered in the Courts of British India (Primary Sources, Historical Collections) [Cowell, Herbert, Wentworth, T.

S.] on *FREE* shipping on qualifying offers. A Short Treatise on Hindu Law as Administered in the Courts of British India (Primary Sources, Historical Collections)Cited by: 1. A short treatise on Hindu law: as administered in the courts of British India. [Herbert Cowell] "This book is founded partly on my Tagore law lectures of andpartly on lectures addressed by me to the students of the Inns of court about two years ago."--Author's pref.

as administered in the courts of British India\/span. Common Law and Equity on Hindu Law since ", Intern, and Comp. Law Quarterly, HI (), pp. is useful so far as it goes. Sir B.

Description Hindu Family Law: As Administered in British India FB2

Lindsay's chapter "Law" in L. O'Malley's Modern India and the West (London, ) based in part on a rapport contributed at The Hague in is unreliable. Nowhere has the influence ofCited by: BRITISH ADMINISTRATION OF HINDU LAW 11 The case of India is in many ways peculiar.

Two highly literate ancient systems of law were already in force, served by experts trained in the tradi- tional techniques. Parallel with these were countless customs, distinguishable according to region, to caste, and even (in limited contexts) to family.

Although the project was deferred at the time as being a gigantic endeavour, it spurred many writers to state the law in the forms of books and articles. Noteworthy among them were Gour's Hindu Code, Gupte's Hindu Law in British India and Mulla's Principles of Hindu Law.

Significant for our purposes was the property act passed inwhich. Hindu Family Law as Administered in British India - Earnest John Trevelyan; Elements of Hindu Law: Referable to British Judicature in India - Sir Thomas Strange; A Manual of Hindu Law for the Use of Students and Practitioners - Standish Grove Grady ; A Digest on the Hindu Law of Inheritance and Partition -Reymond West (Ed.) The Principles of.

The book under review provides (in Schedule 1) laws passed by the British legislature amending Hindu law before Schedule 2 gives those. 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. This is a translation of a 12th-century Sanskrit legal text, with the original text.

The Dayabhaga was one of the most important texts in the history of Indian law. The text, fairly late and inspiring little attention, is important because the British elevated it to such prominence in their new colony in the early 19th century.

It was known as the authority on inheritance and significant. The page volume of Hindu Family Law as Administered in British India published by W. Thacker & Company in London was a large presence in court 23.

The Classical Hindu Law includes the diverse legal practices connected with the Vedic traditionsin some ways and existing from the Vedic times until when the British adopted rules for administration of justice in Bengal.

The Anglo-Hindu Law was evolved from the classical Hindu law during the British rule in India from to The British adopted the. The law administered by them was the English law as extended to India. However in matters of personal law, t he British applied the Hindu law or the Muslim law depending on the religion of the subject.

Assessors initially assisted the judges in matters of personal law but these assessors were later dispensed, as the judges bec a me more. SOURCES OF HINDU LAW Author: Jatin Garg, VIPS, Delhi INTRODUCTION India is a country that has abundant personal laws, each community has its own personal law.

The Hindu, the majority community have separate family law, so have Muslims, Christians, Jains, Sikhs. Hindus and Muslims have since time immemorial maintained that their laws are of divine [ ].

Law Governing Void and Voidable Marriages: 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.; Nullification of Marriage - An Annulled Marriage: annulment refers only to making a voidable marriage null; if the marriage is void ab.

Herbert Cowell, The Hindu Law, Being a Treatise on the Law Administered Exclusively to Hindus in the British Courts in India (Calcutta, –); Google Scholar John D. Mayne, A Treatise on Hindu Law and Usage (Madras, ); Google Scholar. With a New Introduction by Steve Sheppard Cowell, Herbert.

Sheppard, Stephen M., Introduction. A Short Treatise on Hindu Law: as Administered in the Courts of British India. Originally published: Calcutta: Thacker, Spink & Co., xv iii-xv new introduction, pp.

With a New Introduction by Steve Sheppard, William Enfield Professor of Law, University of Arkansas School of Law. They administered English law as extended to India.

However, in matters of personal law, the British applied Hindu law or Muslim law depending on the religion of the litigant. Assessors initially assisted the judges in matters of personal law.

Later on, British judges became knowledgeable in personal laws and assessors were dispensed. The East India Company’s revenue policy impoverished a large section of the landed aristocracy, which led to the drying up of the main source of income of indigenous schools.

It. introduced in ) based on British law, which helped inculcate some ideas of equality. 'Under his old Hindu law, a Brahmin murderer might not be put to death, while a Sudra who cohabited with a high-caste woman would automatically suffer execution.

Under the new law, Brahmin and Sudra were liable to the same punishment for the same offence (6). "The law declared by the Federal Court and by any judgement of the Privy Council shall, so far as applicable, be recognized as binding on and shall be followed by all Courts in British India, and so far as respects the application and interpretation of this Act or any order in Council there under any matter with respect to which the federal legislature has power to make laws in relation to the.

The British Raj (/ r ɑː dʒ /; from rāj, literally, "rule" in Sanskrit and Hindustani) was the rule by the British Crown on the Indian subcontinent from to The rule is also called Crown rule in India, or direct rule in India. The region under British control was commonly called India in contemporaneous usage, and included areas directly administered by the United Kingdom, which.

Beginning of the Raj. InBritish Crown rule was established in India, ending a century of control by the East India Company.

The life and death struggle that preceded this. They worried that Hindu and Muslim India would be Christianized.

Ina new type of rifle cartridge was given to the soldiers of the British Indian Army. Rumors spread that the cartridges had been greased with pig and cow fat, an abomination to both major Indian religions. Introduction. 1 This paper is an overview of the Hindu Undivided Family (HUF)—a legal entity embedded in tax, corporate governance and state codification of Hindu personal law in India.

The HUF found legal recognition in the late 19 th century, but it was the Income Tax Act under colonial rule in that gave it the status of a separate and distinct tax entity. The Hindu Widows' Remarriage Act,also Act XV,enacted on 26 Julylegalised the remarriage of Hindu widows in all jurisdictions of India under East India Company rule.

It was drafted by Lord Dalhousie and passed by Lord Canning before the Indian Rebellion of It was the first major social reform legislation after the abolition of Sati by Lord William Bentinck.

Details Hindu Family Law: As Administered in British India FB2

Hindu law so understand in modern times s surely an heir of the bifurcated system instigated during the British colonial period in the form of Anglo-Hindu law that preserved basically family law.

"The principles of Hindu Law as at present administered are antiquated and opposed to our sense of equity and justice. I shall give a few instances: 1. Near and dear relations like the sister's daughter, the daughter-in-law, the brother's widow and the stepmother are altogether denied the right of inheritance.

Later the Supreme Court of India applied the principles of Justice, equity and good conscience in the absence of any rule of Hindu law. b) Precedent as a Source of Hindu Law Precedent means decision given by the superior courts is binding on inferior courts and to be followed in future in similar cases Doctrine of Precedent bring certainty.

In fact, the majority were Hindu. Churchill’s views were influenced by Beverley Nichols’ book Verdict on India. Nichols, a Nazi sympathiser, wrote the book as propaganda to discredit the Indian National Congress, which was then agitating against British rule.

Nichols saw his mission as demolishing the Hindu cause.British raj, period of direct British rule over the Indian subcontinent from until the independence of India and Pakistan in The raj succeeded management of the subcontinent by the British East India Company, after general distrust and dissatisfaction with company leadership resulted in a widespread mutiny of sepoy troops incausing the British to reconsider the structure of.

The Language of Disenchantment explores the ways in which Protestant ideas concerning language influenced British colonial attitudes toward and proposals to reform Hinduism. Protestant literalism, mediated by the textual economy of the printed book, inspired colonial critiques of Indian mythological, ritual, linguistic, and legal traditions.