Codification in British India

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S. K. Banerji, 1914 - Constitutional law - 424 pages
 

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Page 321 - from the earliest authorities, as to ascertain whether it has been received by the particular School which governs the district with which he has to deal, and has there been sanctioned by usage. For, under the Hindoo system of law, clear proof of usage will outweigh the written text of the law.
Page 45 - assembled," power to make, ordain and constitute such and so many reasonable laws, constitutions, orders, and ordinances, "as to them or the greater part of them being then and there present, shall seem necessary and convenient for the good government of the said Company and of all
Page 116 - enacted that, in disputes between the native inhabitants of Calcutta, "their inheritance and succession to lands, rents and goods, and all matters of contract and dealing between party and party, shall be determined in the case of the Mahomedans by the laws and usages of Mahomedans, and in the case of Gentoos by the laws and usages of Gentoos,
Page 116 - in order that regard should be had to the civil and religious usages of the said natives, the rights and authorities of fathers of families and masters of families, according as the same might have been exercised by the Gentoo or Mahomedan law, shall be preserved to them respectively within their said families
Page 147 - nothing in this code shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
Page 63 - into the jurisdiction, powers, and rules of the existing courts of justice and police establishments in the said territories, and all existing forms of judicial procedure and into the nature and operation of all laws whether civil or criminal, written or customary, prevailing and in force in any part of the said territories.
Page 98 - attach to a system of unwritten law, and of these we are fully sensible, it has at least this advantage, that its elasticity enables those who administer it to adapt it to the varying conditions of society, and to the requirements and habits of the age in which
Page 183 - the mode of proceeding by which a legal right is enforced, as distinguished from the law which gives or defines the right, and which, by means of the proceeding, the court is to administer—the machinery as distinguished from its product.
Page 286 - persuasion, or where one or other of the parties to the suit shall not be either of the Mahomedan or Hindu persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled.
Page 165 - Ordinances, and Regulations, for the good order and civil government of the Company's settlement at Fort William in Bengal, and all places subordinate thereto, as should be deemed just and reasonable, and not repugnant to the laws of

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