The views of Autin and Salmond on the study and nature of law – Austin says that law is the aggregate of the rules set by men as political superiors or sovereign to men as politically subject. With the coming of the Smrutis, Hindu law evolved. The nature of Tort law is thus essentially concerned with compensation for damages for civil wrongs suffered as a result of another's acts or omissions. Natural law is believed to exist independent of human will. With the rising complexity in the social spectrum, the king referred all matters to Dharma for the purposing of executing justice. Hindu law, though believed to be of divine origin, is based essentially on immemorial custom and many of the acts of the people which were purely of a secular nature. MV – Study Note – Tort – Topic – 1 – Intro- Defn – Nature & Scope Page 6 F. LEGAL MAXIM - Ubi Jus Ibi Remedium: 1. The renowned scholar, Henry Mayne noted that Hindu law is the oldest of any known system of jurisprudence, and till present, it shows no sign of decrepitude. Section 66 provides that there shall be levied a tax (service tax) @12% of the value of taxable service referred to in various clauses of section 65(105).It will be collected in a manner as may be prescribed. Because of the above factors there were a lot of conflicting theories on the Smrutis. The custom must be one which members of the community observe in a peaceful manner, void of any conflict or clashes on its validity. Introduction• The Customs Act was formulated in 1962 to prevent illegal imports and exports of goods. It is said to have been created by God, by nature and by the spirit of the people. Learn about one of the world's oldest and most popular religions. Business Law: Scope, Nature and Main Areas , Oct 2018. The custom must have been continuously observed or carried out in the society without break. As such, it is not merely a legal law but a religious law. The Smruti were accepted as statements of laws and they became an effective source of Hindu Law. Such an alien rule cannot be law to the persons under the legal system. Thus, Smrutis were the invention of Dharma, & other learned groups like the Rishis and Munis. Get access. Hindu legislations include the … He further said that there are three elements in law- a) command b) duty c) sanction But, Salmond defined l… Although, one who violate this law does not get punished but anyhow he/she must bear the compensation of the destruction. Thus, the personal law makes provisions on subject matters which have not been covered in the territorial law. As the Indian people were completely unaware of the English Laws, the laws proved to be unfair for them and created injustice. A tort is derived from the Latin word tortus which means wrong or crooked. Buy the print book Check if you have access via personal or institutional login. The definition of law considered satisfactory today might be considered a narrow definition tomorrow. In a wider sense it includes any rule of human action for example, religious, social, political and moral rules of conduct ... demanding the enforcement of some right vested in him and the remedy he seeks is compensatory or preventive in nature. The process of remembering is ‘Smrutis’. Hindu Law is a personal law of members of the Hindu religion. This will be the focus of this article. The term law usually refers to a concept or process. Necessary cookies are absolutely essential for the website to function properly. The word ‘Sindhu’ referred to a historic local designation for the Indus River in the North-Western part of the Indian subcontinent. Several jurists and scholars have defines administrative law to reveal the scope and various dimensions of this branch of law. Besides, all imports are sought to be subject to a duty with a view to affording protection to indigenous industries as well as to keep the imports to the minimum in the interests of securing the exchange rate of Indian currency.• This term refers to the causes that have brought into existence the rules that later on acquire the force of law. According to jurisprudence, the words remembered are those which were heard but were forgotten. Hindu law is considered to be divine. From the definition above, it is obvious that Hindu law is a personal law and it is applicable to members of the Hindu religion. Law is like a templewhich is designed so that men and women can live in his or her palace of peace. According to the jurisprudence of this era, Hindu laws are words which were heard and these words ‘were the utterance of God – Almighty’. Hindu Law Explained- Nature, Scope And Sources of Hindu Law. Law is the subject-matter of jurisprudence since the latter deals with the study of law. Both have the power to regulate human emotions. Call for Papers- RMLNLU Journal on Communication, Media, Entertainment & Technology Law - Submit by 7th February, 2021. it must be ancient; nobody remembers any act which contradicts the custom. Our editors update and regularly refine this enormous body of information to bring you reliable information. Source of Law could be defined in various manners. The meaning of Sruti is ‘Vedas’. Definition , Nature and scope of administrative law Introduction In the modern times the states have undertaken multifarious functions which traditionally did not come within the areas of its operations, besides the functions relating to the maintenance of law and order , administration of justice , and protection of its people from aggression. Smruti also evolved due to the functions of Dharma. These heard words are ‘the Vedas’, and there are: Each of the Veda further contains three components which are: Srutis are considered as the fundamental or paramount source of Hindu Law, because they are divine words. Law plays different roles in the lives of everyone. Other communities or religious sect are governed by the Hindu Law. Thus, they came directly from God. Liability of Partners to Outsiders- Indian Partnership Act, 1932, Different Types of Schools under Hindu Law- A detailed distinction, Contract of Guarantee, Kinds, Functions under the Indian Contract Act, 1872, ADR- Arbitration vs Conciliation vs Mediation And their Differences, Advantages, Know the Formation, Independence And Functions of the Election Commission of India, How to Improve Study Skills: An Ultimate Guide To Know, The Important Five Things to Look for in a DUI Lawyer, Call for Papers: RMLNLU Journal on Communication, Media, Entertainment & Technology Law [Volume 8]: Submit by 7th February, 2021. 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