The Common Law in India - College of Social Sciences and ...

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viiiThe Hamlyn Trustrealising and appreciating such privileges mayrecognise the responsibilities and obligationsattaching to them."The Trustees under the Scheme number nine, viz.:(a) Mr. S. K. COLERIDGE ,,. XT \ ,v ' \ Miss Hamlyn'sMr. J. R. WARBURTON(b) Representatives of the Universities of London,Wales, Leeds, Glasgow and Belfast, viz.:Professor G. W. KEETONProfessor D. J. LI. DAVIESProfessor P. S. JAMESProfessor D. M. WALKERProfessor J. L. MONTROSE(c) The Vice-Chancellor of the University ofExeter, ex officio (DR. J. W. COOK).(d) DR. JOHN MURRAY (co-opted).The Trustees decided to organise courses of lecturesof high interest and quality by persons of eminenceunder the auspices of co-operating Universities orother bodies with a view to the lectures being madeavailable in book form to a wide public.The twelfth series of Hamlyn Lectures was deliveredin October 1960 by Mr. M. C. Setalvad, PadmaVibhufhan, the Attorney-General of India, at Lincoln'sInn, by courtesy of the Treasurer and Mastersof the Bench of the Honourable Society of Lincoln'sInn, and with the co-operation of the British Council.JOHN MURRAY,Chairman of the Trustees.October, 1960.
CHAPTER 1THE RISE OF THE COMMON LAWI. INTRODUCTORYTHE scheme of the Trust under whose auspices I havethe privilege of delivering these lectures speaks of thefurtherance among the Common People of the UnitedKingdom of the knowledge of the Comparative Jurisprudenceof the chief European countries. The themeof these lectures has perhaps a wider scope. We shallundoubtedly be in the realm of comparative jurisprudence;but the comparison will be between thebasic principles which have been the foundation ofthe public and private law of England, and thesystem of laws and administration of justice calledthe Anglo-Indian or the Indo-British system intowhich these basic English principles have in thecourse of over two centuries grown and developed.Beginning with its application in the seventeenthcentury to British subjects in small areas in certainparts of India which were known as the Company'sfactories, the common law of England with its statutorymodifications and the doctrines of the Englishcourts of equity has deeply coloured and influencedthe laws and the system of judicial administration ofa whole sub-continent inhabited by nearly four hundredmillion people. The law and jurisprudence ofthis vast community and its pattern of judicialadministration are in many matters different from1
Page 5 and 6: THE HAMLYN LECTURESTWELFTH SERIESTH
Page 7 and 8: The Common Lawin IndiaBYM. C. SETAL
Page 9 and 10: CONTENTSThe Hamlyn Trust - - - - -
Page 11: THE HAMLYN TRUSTTHE Hamlyn Trust ca
Page 15 and 16: The Rise of the Common Law 3mixed u
Page 17 and 18: The Rise of the Common Law 5In orde
Page 19 and 20: The Rise of the Common Law 7and Cou
Page 21 and 22: The Rise of the Common Law 9observe
Page 23 and 24: The Rise of the Common Law 11Thus w
Page 25 and 26: The Rise of the Common Law 13the ch
Page 27 and 28: The Rise of the Common Law 15includ
Page 29 and 30: The Rise of the Common Law 17from t
Page 31 and 32: The Rise of the Common Law 19Suprem
Page 33 and 34: The Rise of the Common Law 21prefer
Page 35 and 36: The Rise of the Common Law 28made a
Page 37 and 38: The Rise of the Common Law 25In the
Page 39 and 40: The Rise of the Common Law 27one to
Page 41 and 42: The Rise of the Common Law 29the ru
Page 43 and 44: The Rise of the Common Law 81Later
Page 45 and 46: The Rise of the Common Law 33The fi
Page 47 and 48: The Rise of the Common Law 351872 o
Page 49 and 50: The Rise of the Common Law 37crimin
Page 51 and 52: The Rise of the Common Law 89requir
Page 53 and 54: The Rise of the Common Law 41King's
Page 55 and 56: The Rise of the Common Law 48steps
Page 57 and 58: The Rise of the Common Law 45as its
Page 59 and 60: The Rise of the Common Law 47The sy
Page 61 and 62: The Rise of the Common Law 49Suprem
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The Rise of the Common Law 51arbitr
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The Rise of the Common Law 53has be
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The Rise of the Common Law 55As ear
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The Rise of the Common Law 57by equ
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The Rise of the Common Law 59with c
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The Rise of the Common Law 61princi
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CHAPTER 2CIVIL LAWTHE first Law Com
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Civil Law 65country of the parties
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Civil Law 67be made by a will execu
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Civil Law 69advancement based on En
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Civil Law 71as to accommodate it to
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Civil Law 73to contracts." The cour
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Civil Law 75Consideration may under
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Civil Law 77similar to those of the
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Civil Law 791845" did not, however,
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Civil Law 81in the same case that '
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Civil Law 83a mistake of fact but a
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Civil Law 85could not prevent, unla
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Civil Law 87and also a provision to
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Civil Law 89Act. 57 Speaking of the
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Civil Law 91the legal relations of
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Civil Law 93the non-performance of
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Civil Law 95purchaser who is suing,
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Civil Law 97system on which the Act
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Civil Law 99Some of the provisions
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Civil Law 101The justification for
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Civil Law 108On the contrary, as we
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Civil Law 105to the contrary as ins
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Civil Law 107patents, copyright, bi
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Civil Law 109from the social duties
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Civil Law 111early as 1872 that in
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Civil Law 113in India. 16 However,
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Civil Law 115Dealing with the quest
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Civil Law 117textbooks was codified
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Criminal Law 119criminal law were b
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Criminal Law 121powers; though the
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Criminal Law 123legal member, full
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Criminal Law 125" It is working as
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Criminal Law 127law. Stephen though
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Criminal Law 129proposed that truth
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Criminal Law 131calendar of crimes
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Criminal Law 133religious life of I
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Criminal Law 135have also in the In
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Criminal Law 137a special meaning.
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Criminal Law 139I think, depend upo
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Criminal Law 141at a conclusion whe
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Criminal Law 143and coercion. Some,
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Criminal Law 145Infancy: Moral deli
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Criminal Law 147It was laid down in
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Criminal Law 149provides expressly
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Criminal Law 151her husband who is
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Criminal Law 153by the ancient rule
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Criminal Law 155In India it is prov
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Criminal Law 157fall in Indian law
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Criminal Law 159wages war against t
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Criminal Law 161in the Indian Code.
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Criminal Law 163Large powers have b
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Criminal Law 165of certain offences
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Criminal Law 167as in England but t
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The Indian Constitution 169time to
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The Indian Constitution 171forces i
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The Indian Constitution 173the gene
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The Indian Constitution 175the cour
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The Indian Constitution 177Bills to
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The Indian Constitution 179head and
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The Indian Constitution 181of its c
Page 195 and 196:
The Indian Constitution 183This vit
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The Indian Constitution 185authorit
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The Indian Constitution 187The comm
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The Indian Constitution 189of the p
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The Indian Constitution 191came int
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The Indian Constitution 193function
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The Indian Constitution 195rendered
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The Indian Constitution 197remedies
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The Indian Constitution 199India ha
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The Indian Constitution 201establis
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The Indian Constitution 203expressi
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The Indian Constitution 205It is st
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The Indian Constitution 207in Engla
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The Indian Constitution 209it means
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The Indian Constitution 211otherwis
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The Indian Constitution 213to prote
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The Indian Constitution 215use, enj
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The Indian Constitution 217natural
Page 231 and 232:
The Indian Constitution 219health a
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The Indian Constitution 221are not
Page 235 and 236:
The Indian Constitution 223In its p
Page 237 and 238:
Epilogue 225exactly for the same re
Page 239:
Epilogue 227it, and professors medi
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