Custom and Usage A customary rule is binding where it is ancient, reasonable, and not opposed to any statutory rule. However, this distinction was abolished by the Acts of Judicature passed in 1873 and 1875. Public opinion in this age of democracy plays a vital role in the process of lawmaking. See Secondary Sources An important secondary source of law is the judgments of the Supreme Court High Court and some of the specialised Tribunals. The latter do not create any new law; they apply an existing law to a particular set of circumstances. Originally Indian Sales of Goods Act and Partnership Act were part of Indian Contract act, but due to needed amendment these acts were separated from Contract Act.
However decisions of a larger bench of the Supreme Court are binding on benches of equal or lesser strength. A rule not laid down or not recognized in the sources is not a rule in that legal system. Personal Law: Many times, a point of issue between the parties to a dispute is not covered by any statute or custom. Thus, at the most, it may be considered as trend-setter in the development of law. The Criminal Procedure Code 1898 , by contrast, is a true Anglo-Indian amalgam and has been further to suit peculiarly Indian conditions and the climate of opinion. Some of the important chapters of Quran are, Surat-un-Nisa rales relating to women , Surat-ul-Talaq rules relating to divorce , Surat-ul-Baqr rules relating to religion and morality , Surat-ul- Ikhlas principle of absolute surrender to God and, Surat-ul-Noor rules relating to home-life. The House of the People consists of members chosen by direct election by the citizens of India.
Modern Sources Under this head would come: i Justice, equity and good conscience ii Precedent, and iii Legislation. In modern times Muslims living in the West are subject to secular laws of the state rather than Islamic law. These judgments are normally cited in the Supreme Courts and in the High Courts only in the absence of Indian judgments on the point involved. Parts of the Law Merchant have been codified in England, for example, the Sale of Goods Act, 1893 and the bills of Exchange act, 1882. Legal institutions introduced by foreign governments were accepted readily by the Indians, either because they were compatible with existing trends or because they met new needs.
Law and Judicial S ystem in A ncient India During the ancient times t he Indian sub-continent was inhabited predominantly by Hindus. Narrators of such traditions are unknown persons. Although its administrative provisions are to a large extent based on the , it also contains various other provisions that were drawn from other constitutions in the world at the time of its creation. From the point of view of their authority and acceptance in the society, traditions may be classified as under: i Ahadis-i-Mutwatir Universally Accepted Traditions : They are the traditions which have continuously been narrated by indefinite number of persons. Under pure Muslim law a wife had no independent right to seek divorce.
The family rather than the individual was the social unit in ancient India. Hence to remedy the defects of the Common Law, Equity developed. However a numerically larger bench of the High Court can overrule a decision of a numerically smaller bench. Till date, no one can say for sure the exact amount of Smritis which exist under Hindu law. The High Court hears appeals from the subordinate courts and tribunals.
To meet the requirements of the society, Muslim law has been developed or modified also. Appeals normally lie from these courts to the District Court and then to the High Court. In such cases, the Muslim law becomes what the courts say. A Hindu is an adherent of Hinduism. .
It was argued that Section 125 of the Cr. Finally, qiyas is sanctioned by the ijma, or consensus, amongst Muhammad's companions. In the United Kingdom the law and custom are so intimately connected with each other that the violation of convention custom will lead to the violation of law. The Supreme Court can also issue writs in the nature of habeas corpus, mandamus, prohibition, and certiorari and quo warranto for the enforcement of fundamental rights. The Qur'an was written and preserved during the life of Muhammad, and compiled soon after his death. Both cases related to the right of pre-emption on the basis of vicinage. He could be removed earlier by impeachment by both the Houses of Parliament.
These laws have brought about uniformity all over the country. Indian Commercial Law is no exception. Judgments of the Privy Council rendered prior to independence are binding precedents unless overruled by the Supreme Court. Article shared by Before the advent of Muslim rule, India had not known anything like shufaa. The Supreme Court consists of a Chief Justice and such number of puisne judges as the Union Legislative may legislate. Kinds of Traditions: Recognition and acceptance of a tradition as a source of law depends upon its authority and, its authority depends upon its proof given by the Narrators. The law needs interpretation and the scientific commentaries and interpretations by eminent jurists have contributed a lot for the evolution of a legal system.
As regards higher Courts, they are, to a certain extent bound by their own decisions. Every citizen of India should have knowledge of the Law of the land. In view of the prodigious output of the Supreme Court during the past fifty years, the role of judgments of foreign courts has declined considerably. State owes tortious Liability under Article 300 of Indian Constitution. It is nothing but the application of principles of natural justice and good conscience. The Supreme Court exercises original jurisdiction in disputes between the Union and the States or between the States inter-se.