Journal of the Indian Law Institute PDF Download

Author:
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ISBN:
Category : Law
Languages : en
Pages : 974

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Author: Parvinrai Mulwantrai Bakshi
Publisher:
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Category :
Languages : en
Pages : 35

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Author: Parvinrai Mulwantrai Bakshi
Publisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 17

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Author: Shimon Shetreet
Publisher: Oxford University Press
ISBN: 0199089477
Category : Law
Languages : en
Pages : 344

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Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.

Author: Daniela Berti
Publisher: Oxford University Press, USA
ISBN: 9780199463794
Category : Civil rights (Hindu law).
Languages : en
Pages : 0

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This volume explores how court actions significantly shape Hinduism in Indian and Nepalese societies, perhaps even more so than the ideology of any political party. How do courts, within the framework of secularism, deal in practice with Hinduism? The approach developed is resolutely historical and anthropological and relies on in-depth ethnography and archival research.

Author:
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Category : Indians of North America
Languages : en
Pages : 48

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Category : Law
Languages : en
Pages : 722

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Contributed articles.

Author: Tahir Mahmood
Publisher:
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Category : Islamic law
Languages : en
Pages : 466

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Author: Rattan Singh
Publisher:
ISBN: 9789351439721
Category : Legal research
Languages : en
Pages : 361

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Author: Matthew L.M. Fletcher
Publisher: Aspen Publishing
ISBN: 1543817432
Category : Law
Languages : en
Pages : 1188

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Nearly every American Indian tribe has its own laws and courts. Taken together, these courts decide thousands of cases. Many span the full panoply of law—from criminal, civil, and probate cases, to divorce and environmental disputes. American Indian Tribal Law, now in its Second Edition, surveys the full spectrum of tribal justice systems. With cases, notes, and historical context, this text is ideal for courses on American Indian Law or Tribal Governments—and an essential orientation to legal practice within tribal jurisdictions. New to the Second Edition: A new chapter on professional responsibility and the regulation of lawyers in tribal jurisdictions Enhanced materials on Indian child welfare Additional materials on tribal laws that incorporate Indigenous language and culture Additional examples from tribal justice systems and practice Recent and noteworthy cases from tribal courts Professors and students will benefit from: A broad survey of dispute resolution systems within tribal jurisdictions A review of recent flashpoints in tribal law, such as internal tribal political matters, including intractable citizenship and election disputes enhanced criminal jurisdiction over nonmembers and non-Indians tribal constitutional reform, including a case study on the White Earth Nation Cases and material reflecting a wide range of American Indian tribes and legal issues Excerpts and commentary from a wellspring of current scholarship