The Common Law in India PDF Download

Author: Motilal Chimanlal Setalvad
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 276

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Author: Melvin Aron Eisenberg
Publisher: Harvard University Press
ISBN: 9780674604810
Category : Law
Languages : en
Pages : 220

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Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.

Author: Germano Franceschin
Publisher: Kluwer Law International B.V.
ISBN: 9041142762
Category : Law
Languages : en
Pages : 420

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Book Description
India, a Union of 28 States and 7 territories, with a population of over a billion people and multiple cultures and languages, is a democratic republic often called, quite rightly, ‘the largest democracy in the world’. Because the well-established English legal system endured after independence in 1947, India categorically remains a common law jurisdiction, and its legal practice and procedure is conducted almost exclusively in English. Nonetheless, Indian law is sufficiently complex in ways that are distinct from other European-based systems that a book such as this – in which the business legal system of India is thoroughly reviewed – will be really welcomed by both practitioners and academics. This book examines the full spectrum of India’s legal system as it applies to commercial, customs, and tax matters, and covers among much else such elements as the following: division of executive and legislative powers between the Union and the individual States; role of the Supreme Court and State high courts; role of State legislative assemblies; levels of appeals in judiciary system; power of specialised State tribunals in, for example, tax, company law, bankruptcy; power of the State to appropriate property; constitutional protection of culture and environment; use and citation of foreign judgments and jurisprudence; contract law; trusts; industrial relations; minimum wage law; income tax rules and procedure; bilateral double taxation agreements; copyright and trademark protection; semiconductor integrated circuits layout design; protection of plant varieties and farmers’ rights; competition law; multi-State cooperation agreements; and regulation of financial services. An extensive appendix supplies texts of the Constitution of India, the Indian Penal Code and 23 Legislative Acts pertaining to commercial, customs and tax matters. There is a sample franchise agreement, and an informative summary of current and projected foreign trade policy through 2014. Both as a guide to business lawyers working with Indian partners and as a comparative law treatment of the world’s second most populous country (and a rapidly growing economic powerhouse), this book has no peers.

Author: Frederick Pollock
Publisher:
ISBN:
Category : Common law
Languages : en
Pages : 186

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Author: Frederick Pollock
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166

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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: Guido Calabresi
Publisher: Harvard University Press
ISBN: 0674029151
Category : Law
Languages : en
Pages : 332

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The dominance of legislatures and statutory law has put an impossible burden on the courts. Guido Calabresi thinks it is time for this country seriously to consider returning to a traditional American judicial–legislative balance in which courts would enlarge the common law and would also decide when a rule of law has seen its day and should be revised.

Author: Tirthankar Roy
Publisher: University of Chicago Press
ISBN: 022638764X
Category : Business & Economics
Languages : en
Pages : 253

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By accessibly recounting and analyzing the unique experience of institutions in colonial India--which were influenced heavily by both British Common Law and indigenous Indian practices and traditions--Law and the Economy in Colonial India sheds new light on what exactly fosters the types of institutions that have been key to economic development throughout world history more generally. The culmination and years of research, the book goes through a range of examples, including textiles, opium, tea, indigo, tenancy, credit, and land mortgage, to show how economic laws in colonial India were shaped neither by imported European ideas about how colonies should be ruled nor indigenous institutions, but by the practice of producing and trading. The book is an essential addition to Indian history and to some of the most fundamental questions in economic history.

Author: Joseph Minattur
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 718

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Author: Sree Krishna Seelam
Publisher: Wedidit Foundation
ISBN:
Category : Law
Languages : en
Pages : 221

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Book Description
Discover the Magic of Law – Made Simple! Ever felt like the Law is a puzzle you can't crack? Meet "Indian Law for a Common Man," your friendly guide to understanding law without headaches! No fancy terms, just clear explanations – Unlock the Power of Legal Knowledge in Just 3 Hours! Uncover your rights and what you need to know as a citizen. Whether you're a student, worker, or a curious person, this book makes law easy, from property to protection and more. No more confusion – be law-smart, starting now! 🔒 Unlock legal secrets effortlessly. 🌟 Transform your legal know-how, hassle free. This book does not dive deep into all the subjects but helps you understand the core principles that define Indian Law. The more you know, the less you fear. Dive into the world of law with this read. "A good book is an investment for your future. Empower yourself with the wisdom of the law through this essential guide." - Sree Krishna Seelam.