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

The Rise of the Common Law 59with cases in which courts will order restitution ofspecific property and order contracts to be specificallyperformed. It also enumerates the circumstances inwhich the courts will grant the relief of rectificationand cancellation of instruments. The Act is in a sensea blend of common law and equity inasmuch as italso makes provision in a qualified manner for thewrit of mandamus in certain cases. This statutepowerfully illustrates how those who were charged withthe task of drawing suitable codes for India discardedthe distinction between law and equity in Englishjurisprudence, not hesitating to include in an Actdealing mainly with the equitable relief of specificenforcement, a remedy in the nature of the Crownwrit of mandamus.VI.INDIAN COMMON LAWCommon law consists, as we have seen, of customaryrules of the realm recognised by the courts. In thatsense every country can be said to have its commonlaw, rules of conduct which apply to citizens generallyand the rights and privileges which they can enjoy.Some of these customary rules prevailing in Indiahave come to be known as the Indian common law.The right to a public highway is recognised in Indiaas in England as the common law right of the citizen.Anyone in India can set up a ferry on his ownproperty and take toll from strangers for carryingthem across. 82 Similarly the Indian courts have82 Maharaja Sir Luchmeswar v. Sheik Manowar (1891) 19 I.A.48, 55.