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INDIAN LEGAL SYSTEMElements of Indian Law &
History of Indian JudicialSystem.
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Definition of Law
Law is the body of principles recognised andapplied by the state in the administration of
justice.- By SALMOND.
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Purpose of Law
To maintain Law & order
To establish socio-economic justice andremove the existing imbalance in socio-
economic structure.
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GENERAL CLASSIFICATION OF LAW
CIVIL LAW(Eg: Indian Contract Act) CRIMINAL LAW( Eg:Indian Penal Code)
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CLASSIFICATION OF LAW-Remedy wise
Remedies for violation of personal rights.
Remedies for violation of property rights.
Contractual remedies.
Matrimonial remedies.
Constitutional remedies.
Civil remedies/Criminal remedies.
Consumer remedies.
Remedies under the Law of Torts.
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Elements of Indian Law
Way in which something is usually done; Howthingsare usually done since time immemorial.
Usage; Custom
Transferred from ancestorsTradition
Court judgmentsPrecedents
A body of judge made law developed throughpractices. Based on the criteria that common issuesshould be treated commonly at all times.
Common Law
Ancient lawsRoman Law; Greek Law
C.P.C,Personal Laws; I.P.C.Civil Law; Criminal Law
Fundamental rights and Directive principles;Enforcement of Law.
Constitutional Law;Administrative Law
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HISTORY OF INDIAN JUDICIAL SYSTEM
History of Indian Judicial System and laws
begin with the advent of East India Company.
Pre-Independence and Post-Independence.
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During Pre-Independence
Charter of A.D 1600
Charter of A.D 1726
Govt of India Act,1858 The Indian High Courts Act,1861
The Govt of India Act,1919
The Govt of India Act,1935 The Indian Independence Act,1947
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CHARTER OF A.D 1600
Charter of 1600 given to the East India
Company by the British Crown.
For carrying legitimate trading activities in
India.
Conferred a corporate character and gave
juristic powers.
Empowered the East India Company to frame
laws and to inflict fines and penalties.
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CHARTER OF A.D 1726
"The Mayor's Court" was established under
direct authority of the King in the Presidency
towns.
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Establishment of Supreme court by
Royal Charter
Establishment of Supreme Court in the
Presidency towns instead of Mayorscourt.
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GOVT. OF INDIA ACT,1858
British Crown assumed sovereignty over India
appropriating it from the East India Company.
Act enacted by the British Parliament.
The Secretary of State for India assisted by a
Council of 15 members(English people)
exercised the powers of the Crown.
The Secty governed through the Governor
General. Not allowed any local participation.
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INDIAN HIGH COURTS ACT,1861
Laid the foundation of setting up the system
of judicial administration in India.
Abolished the dual system of administration of
justice, one by the courts of the Company and
other by the courts under the crown.
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THE GOVT OF INDIA ACT,1919
Provided for increased participation of Indians
in every branch of administration of India in
the governance of the country.
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THE GOVT OF INDIA ACT,1935
Transformed the unitary nature of Indianadministration into a Federation of Provincesand the Indian Princely state as its units.
The Act provided for separation of legislativepowers between the Provincial and centrallegislatures according to the scheme andlimits defined by the Act.
Provided for the establishment of FederalCourt.
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THE INDIAN INDEPENDENCE ACT,1947
Provided that India have their own separate
Constituent Assembly which would have the
power to repeal any Act enacted for India by
British Parliament.
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HIERARCHY OF COURTS
PRIVY COUNCIL
FEDERAL COURT
HIGH COURT-First High Court at Calcutta in1862.
LOWER COURTS
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POST-INDEPENDANCE
Constitution of India
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CONSTITUTION OF INDIA
Came into effective from January 26,1950.
The three main wings of the Govt- Legislature,
Executive and Judiciary are created by the
Constitution.
Comprises not merely the enforceable aspect of
law, but also the guidelines for governance.
The subject to which To make law is providedin the Seventh Schedule of the
Constitution.(Union list/State list/Concurrent list.)
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HIERARCHY OF COURTS
SUPREME COURT-Established in 1950
HIGH COURT
DISTRICT COURT SUBORDINATE COURT
MUNSIFF/MAGISTRATE COURT
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Reference Books
By Dr.Niraj Kumar(Business Legislations)-
Himalaya Publications.
By Akhileswar Pathak (Legal Aspects of
Business)-Tata McGraw Hill.