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Saturday, September 6, 2008

MODERN SOURCES OF HL

MODERN SOURCES :
1. JUDICIAL DECISIONS :
All important points of Hindu Law are now a days clarified by decisions of Law. (Supreme Court and High Courts) They are binding in nature and are published in Law reports and thus form an additional source of Hindu Law.
For e.g.Hanooman Persuad Vs. Mst.Babbooee, the Privy Council held "any alienation of co parcenary property by the Kartha of the Hindu Joint Family for legal necessity of the family or for the benefit of the estate is valid".
Collector of Madura Vs.Mootoo Ramalingam, the Privy Council held "a clear proof of usage will outweigh the written text of Law". The decisions of the High Courts and Supreme Court are considered as precedents and applicable in subsequent cases.
2.PRINCIPLES OF JUSTICE, EQUITY OF GOOD CONSCIENCE:
These are rules deduced from general principles of Hindu Law, altered to suit the conditions of modern society. When the law is silent, the Courts in India followed justice, equity and good conscience in deciding many new points of Hindu Law. Thus the principles of justice, equity and good conscience were existent even during ancient days.
3.LEGISLATION :
This is the latest and vital source of modern Hindu Law. These legislations have not only brought in profound changes in the ancient Hindu Law but also have made the Law certain and definite.

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