INTRODUCTION-HINDU SOURCE OF LAW
The smriti furthered bifurcated into Dharmasutras and Dharmashastras. Dharmasutras includes context with short phrases, words or letter, paragraph and shloka.
In Dharmashatras, it includes context of short stories, poem, hymes, ancient text and shastras.
Smirti includes the Achar, the moral behavior of the people, that they adopts according to the customs and believes of society, the moral values of the ancestors Vyavahar, king the supreme authority any decision taken by the king discretionary in nature that decides the cases based on person’s behavior and bad activities,
Prayaschit means punishment served by the people as decided by the king, according to their crimes and offences.
HINDU SOURCE OF LAW
Digest and commentary
The smriti’s not always correct or accurate, the rules and regulations formulated, to protect smriti for time immemorial.
Commentary means work performed by the sages that explains the smrities. Commentary involves Manubhashya, Manutika, Mitakshara
Digest in 200 AD the written text about Smrities, carries all the material about the smrities, digest includes Dayabhaga schools that includes the source of law that applicable in Assam and Bengal.
This school helps in developing the sources of law by evolvement and making effective changes with the time.
The ancient law in continuous nature of immemorial times, practiced by the region, local people, families or class of the society.
For the continuous period of time, it has become a part of law, the custom gets its legality with the passage of time.
Customs are valid laws in the eyes of court. One of the best example of custom saptpadi marriage.
local custom held the old traditional law that binding on a particular region or local areas of the society. Custom intacts to practiced local laws that becames mandatory customary rights.i.e. luthmaar Holi in Mathura. It became local custom.
The particular community follows the customs over a long period of time, i.e vaishyas community, The women allowed to marry again after the death of husband or if husband renounced from world.
saptapadi marriages or sacred marriages performed by Hindus.
these customs practiced by the general public. Such attributes includes greeting to elders, like Namaste or use Tilak on head after any religious work.
It applied in cases, where it’s difficult to use ancient laws and acts. The modern sources applies to pass the jurisdiction.
Justice equity and good conscience–
The justice, equity and good conscience based on natural law of the country. This principle enacted by British government to solve uncommon disputes through modern principles.
any amendment, repeal or enactment of law initiated by the parliament, the parliament initiated the power to alter the law or form a new law, it includes the upper house and lower house, through the assent of president, a new law formed by the legislation. The law includes, Hindu marriage act 1955; the Hindu succession act 1955 and Minority and guardianship act (1956).
The court in similar cases applies the same jurisdiction, the Supreme Court is the apex court and the judgment of the Supreme Court is binding on the lower court.
If any similar case arises in lower court, the lower court refers jurisdiction and judgment of Apex court. all the similar cases must be treated alike.
Universal guide to LLM Enterence exam by Gaurav Mehta, lexis nexis, 2020.