Legal Fictions |
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Page 17
... Smriti text was based upon a Sruti precept and that the sages who saw the Srutis recollected and authored the Smritis . The ficition placed the Smritis on a par with Srutis1 . The Smritikars did not arrogate to themselves the position ...
... Smriti text was based upon a Sruti precept and that the sages who saw the Srutis recollected and authored the Smritis . The ficition placed the Smritis on a par with Srutis1 . The Smritikars did not arrogate to themselves the position ...
Page 18
... Smriti as equally valid , were obliged to effect a reconciliation by a process of interpretation . The Judicial Committee observed that " the commentators , while professing to interpret the law as laid down in the Smritis , introduced ...
... Smriti as equally valid , were obliged to effect a reconciliation by a process of interpretation . The Judicial Committee observed that " the commentators , while professing to interpret the law as laid down in the Smritis , introduced ...
Page 87
... Smritis were couched in the words of the Rishis or Sages who received the revela- tions and proclaimed their recollections . Theoretically , if a smriti text con- flicted with a Vedic utterance , it had to be disregarded . Though canons ...
... Smritis were couched in the words of the Rishis or Sages who received the revela- tions and proclaimed their recollections . Theoretically , if a smriti text con- flicted with a Vedic utterance , it had to be disregarded . Though canons ...
Contents
Introduction | 1 |
Alienation | 28 |
Equity and Legal fictions | 34 |
Copyright | |
11 other sections not shown
Common terms and phrases
according action actual adoption allowed analogy applied assumed assumption authority become called child civil civil death common law conceal conclusive constructive contract corporation courts created death decision deemed defendant doctrine effect employed enactments England English entities equity established example existing express extended fact false fictitious function give Hindu law historical husband implied important Indian instance intention interpretation introduced judge judicial Jurisprudence juristic justice lawyers legal concepts legal fictions legal person legal rule legal system legislation limited Lord matter means nature needs object obligations observed offences operation original parties possession practical presumption principle reality reason recognised reference regarded relation remarks represent result Roman law rule situation Smritis social society statute theory things thought tion tort treated true trust truth unjust enrichment wife writers Yajnavalkya