Legal Fictions |
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Page 9
... analogy . Two principles operate prominently in Hindu juristic thought . They are pratinidhi ( the idea of substitute ) and Atidesa ( analogy ) . Fictions and presumptions * Presumptions of laws or artificial presumptions are arbitrary ...
... analogy . Two principles operate prominently in Hindu juristic thought . They are pratinidhi ( the idea of substitute ) and Atidesa ( analogy ) . Fictions and presumptions * Presumptions of laws or artificial presumptions are arbitrary ...
Page 41
... analogies which may be used in law . In every analogy , its supporter can emphasise the points of resemblance while its opponent can maintain the differences as crucial . The advantage or an analogy is that it enables the new situation ...
... analogies which may be used in law . In every analogy , its supporter can emphasise the points of resemblance while its opponent can maintain the differences as crucial . The advantage or an analogy is that it enables the new situation ...
Page 42
... analogies that they may present to the case in hand . Legal reasoning leans very heavily on analogy and human mind treats like cases alike . Many of the legal fictions have grown out of analogies only . By a process of analogy and ...
... analogies that they may present to the case in hand . Legal reasoning leans very heavily on analogy and human mind treats like cases alike . Many of the legal fictions have grown out of analogies only . By a process of analogy and ...
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