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226 The Common Law in Indiathe Constitution are to continue in force until altered,repealed or amended." 3 This provision embracesnot only the statutes in force at the date of theConstitution but also personal and customary lawsand the common law principles applied in India byIndian judicial decisions. Though the Constitutionenvisages in the course of years the substitution ofEnglish by an Indian language acceptable to themajority of the nation, the language of the law andof the superior law courts still continues to beEnglish. Decisions of the English courts are yetfreely referred to and cited in the Indian courts andtreated with respect. It may, therefore, be said thatthe evolution of Indian law continues to be largelyinfluenced by the development of English law andthe decisions of English courts.One may perhaps envisage the future in the wordsof Lord Wright: "In Blackstone's day the commonlaw was the law of a few million people in Englandand Ireland. . . . Now in these islands there maybe perhaps forty millions living under English law,but the common law has long passed its old boundaries.Under its sway live teeming millions of theUnited States. . . . Then there are Canada, Australiaand New Zealand, great now but with unforeseeablepotentialities. The enormous sub-continent of Indiahas adopted, except for family or other racial orreligious law, the common law which there regulatesthe great mass of dealings between man and man.In each of these great collections of mankind thereare judges enunciating the law and schools teaching3 Art. 372.
Epilogue 227it, and professors meditating upon it, seeking tocriticise and reform it. England cannot have a monopolyor even a primacy in this great and widespreaddevelopment." *With the ever-growing expansion of Indian legalthought there is bound to be a greater interplaybetween legal minds in India and elsewhere in theworld of Anglo-Saxon jurisprudence. As judges andlawyers in India resort freely to English decisions somay, in course of time, the English courts recogniseIndian contributions to legal thought and principles.* Legal Essays and Addresses, Preface, p. xiii.
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THE HAMLYN LECTURESTWELFTH SERIESTH
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The Common Lawin IndiaBYM. C. SETAL
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CONTENTSThe Hamlyn Trust - - - - -
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THE HAMLYN TRUSTTHE Hamlyn Trust ca
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CHAPTER 1THE RISE OF THE COMMON LAW
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The Rise of the Common Law 3mixed u
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The Rise of the Common Law 5In orde
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The Rise of the Common Law 7and Cou
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The Rise of the Common Law 9observe
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The Rise of the Common Law 11Thus w
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The Rise of the Common Law 13the ch
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The Rise of the Common Law 15includ
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The Rise of the Common Law 17from t
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The Rise of the Common Law 19Suprem
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The Rise of the Common Law 21prefer
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The Rise of the Common Law 28made a
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The Rise of the Common Law 25In the
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The Rise of the Common Law 27one to
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The Rise of the Common Law 29the ru
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The Rise of the Common Law 81Later
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The Rise of the Common Law 33The fi
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The Rise of the Common Law 351872 o
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The Rise of the Common Law 37crimin
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The Rise of the Common Law 89requir
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The Rise of the Common Law 41King's
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The Rise of the Common Law 48steps
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The Rise of the Common Law 45as its
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The Rise of the Common Law 47The sy
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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
Page 187 and 188: The Indian Constitution 175the cour
Page 189 and 190: The Indian Constitution 177Bills to
Page 191 and 192: The Indian Constitution 179head and
Page 193 and 194: The Indian Constitution 181of its c
Page 195 and 196: The Indian Constitution 183This vit
Page 197 and 198: The Indian Constitution 185authorit
Page 199 and 200: The Indian Constitution 187The comm
Page 201 and 202: The Indian Constitution 189of the p
Page 203 and 204: The Indian Constitution 191came int
Page 205 and 206: The Indian Constitution 193function
Page 207 and 208: The Indian Constitution 195rendered
Page 209 and 210: The Indian Constitution 197remedies
Page 211 and 212: The Indian Constitution 199India ha
Page 213 and 214: The Indian Constitution 201establis
Page 215 and 216: The Indian Constitution 203expressi
Page 217 and 218: The Indian Constitution 205It is st
Page 219 and 220: The Indian Constitution 207in Engla
Page 221 and 222: The Indian Constitution 209it means
Page 223 and 224: The Indian Constitution 211otherwis
Page 225 and 226: The Indian Constitution 213to prote
Page 227 and 228: The Indian Constitution 215use, enj
Page 229 and 230: The Indian Constitution 217natural
Page 231 and 232: The Indian Constitution 219health a
Page 233 and 234: The Indian Constitution 221are not
Page 235 and 236: The Indian Constitution 223In its p
Page 237: Epilogue 225exactly for the same re
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