Legal Fictions |
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Page 16
... device which conceals legal change and the exercise of judicial discretion.41 An illustration of this may be found in the jurisprudence by Dias and Hughes " the division between ratio and dicta is in fact mainly a device employed by ...
... device which conceals legal change and the exercise of judicial discretion.41 An illustration of this may be found in the jurisprudence by Dias and Hughes " the division between ratio and dicta is in fact mainly a device employed by ...
Page 86
... devices . The logical acumen of the Smritikars to harmonise the not so easily reconcileable rules in the Smritis is ... device with the commentators . The extension of rules from one subject to an allied analo- gous subject is known as ...
... devices . The logical acumen of the Smritikars to harmonise the not so easily reconcileable rules in the Smritis is ... device with the commentators . The extension of rules from one subject to an allied analo- gous subject is known as ...
Page 87
... device employed to show a kind of Sam anvaya or harmony between the different smritis . By this device , they were extending the meaning in the texts while keeping the texts intact . 1 One or two examples of application of Ekavakayatva ...
... device employed to show a kind of Sam anvaya or harmony between the different smritis . By this device , they were extending the meaning in the texts while keeping the texts intact . 1 One or two examples of application of Ekavakayatva ...
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