Hindu Law and Roman Law

Hindu Law and Roman Law

Hindu Law:

Nature and Scope of Hindu Law, History, Origin of Hindu Law, Sources, Subject matter and Application of Hindu Law, Classical Hindu Law and Modern Hindu Law,

Uncodified and Codified Hindu Law, Hinduism;

Schools of Hindu Law, Dayabhaga and Mitakshara and their Differences;

Hindu Joint Family, Conceptual Idea, Coparceners and Coparcenary Property; Powers, Rights, Role and Obligations of Karta of a Joint Family;

Law of Inheritance or Succession, Classes of Heirs, Shares and Mode of Distribution, General Principles of Inheritance under  Dayabhaga and Mitakshara School, Doctrine of Propinquity; Doctrine of Representation; Doctrine of Spiritual Benefit; Point of Differences between Mitakshara and Dayabhaga Succession; Exclusion from Inheritance;

Marriage, Classification of Marriages, Consequences, Rituals of Marriage; Maintenance; Adoption; Minority and Guardianship;

Stridhana and Women’s Property, Rights of Reservations;

Debts, Gift, Will, Religious and Charitable Endowments, Powers, Functions, Liabilities and Position of Shebait and Mohanto;

Roman Law:

Outlines of the History of Roman Law down to Justinian, Roman Legal Development, Sources of Roman Law- Corpus Juris Civilis, Importance of the Study of Roman Law, Twelve Tables, Codification and Role of Justinian, Justinian’s Codification,  Pre classical Roman Law, Classical Roman Law, Post Classical Roman Law and Roman Law Today;

Law of Persons, Freeman and Slaves, Causes of Slavery, Legal Position of Slaves, Manumission, Nationality, Patria Potestas, Tutela, and Cura,  Adoption and Adrogation, Guardianship and Curatorship;

Law of Property, Classification of Rights, Res, Possession, Mode of Acquisition of Ownership and Possession,  Acquisition of Ownership Jura in Realiena, Extinction of Ownership, Servitudes;

Law of Succession, Testate and Intestate Succession, Will, Codicil, Legacy,    Fideicommissum;

Law of Obligations, Obligation and Contract, Consensual Contract and Quasi Contract, Delict and Quasidelict, Liability for Animals;

Judicial System during the Republican and the Imperial period – Outlines of Procedures and limitations;

Relevant Laws:

1.  The Hindus Transfer and Benefits Act, 1914

2.  The Hindus Dispossession and Property Act, 1916

3.  Hindu Inheritance (Removal of Disabilities) Act, 1928

4.  Hindu Inheritance (Amendment) Act, 1929

5.  Indian Succession (Amendment) Act, 1929

6.  The Hindu Marriage Act, 1955 (India)

7. The Special marriage Act, 1956 (India)
6. The Hindu Succession Act, 1955 (India)
8. The Minority and Guardianship Act 1956 (India)
9. The Hindu Adoptions and Maintenance Act 1956 (India)

Books Recommended:

        1. Hindu Law- Principles and Precedents by  N.R. Raghavachariar, 12th Edition (Madras)
        2. Modern Hindu Law by Paras Diwan and Peeyushi Diwan, 10th ed. (Allahabad: Allahabad Law Agency, 1995)
        3. Hindu Law: Beyond Tradition and Modernity by Werner Menski, (Delhi: Oxford UP: 2003).
        4. Principles of Hindu Law by D.F. Mullah
        5. Principles of Hindu Law by N.H Jhabvala
        6. Hindu Law by S.K. Routh
        7. Hindu Law by Shawkat Mahmood
        8. Hindu Law by Dinesh Chandra Devnath
        9. Hindu Law by R.D. Agrawal
        10. Hindu Family Law: An Action Study on Proposed Reform of Hindu Family Law by Bangladesh National Women Lawyers’ Association (BNWLA)
        11. Principles of Hindu Law by M.N. Srinivason
        12. Legal Rights of Hindu Women in Marriage and Divorce  by Rabia Bhuiyan
        13. Hindu Law by J. D. Mayne
        1. A Textbook of Roman Law from Augustus to Justinian, by W. W. Buckland, Cambridge: University Press, 1921.
        2. History of Roman Legal Science by Fritz Schulz, Oxford: Clarendon Press, 1946.
        3. Roman Law in European History by Peter Stein, Cambridge University Press, 1999
        4. Textbook on Roman law by Andrew Borkowski and Paul Du Plessis, Oxford University Press, 3rd Ed.
        5. An Introduction to Roman Law by Barry Nicholas, Rev. ed. Ernest Metzger. Clarendon Press, 2008
        6. Historical Introduction to Roman Law by H.F. Jolowiez
        7. Studies in Roman Law by T. Mackenzie
        8. Introduction To Roman Law  by James Hadley
        9. Roman Law And Comparative Law by Watson Alan
        10. History of Roman Law by Girard
        11. Elements of Roman Law by R.W Lee
        12. Roman Law by Lutful Kabir

Leading Cases:

          1. Tagore Vs. Tagore (1872) 9 Beng. L.R. 377
          2. Amulya Chandra Vs  State (1983) 35 DLR, P 160
          3. Kenchava Vs. Girimallappa (1924) 51. 1 AIR 368.
          4. Ram Dasi Pal Vs. Sura Bala Dasya (1962) 14. DLR. 810
          5. Matilal Vs. Brojobashi (1960) 12 DLR. 142
          6. Collector of Madura V. Moettoo Aramalinga (1868) 12 MIA 397
          7. Hunooman Persaud Pandey v, Babooee Mundraj Koonweree (1856) 6 MIA, 393
          8. Bhoobun Moyee V. Ram Kishor (1865) 10 MIA 279
          9. Sheoshankar V. Dehi Sahi (1903) 30 IA 202
          10. Suraj Bunsi Koer V. Sheo Prosad Singh ( 1878) 6 IA 88
          11. Indira Rani Ghose V. Akshoy Kumar Ghose AIR 1932 PC 269
          12. Pramatha Nath Mullick V. Pradvumma Mullick AIR 1925 PC 129

(Also Additional Books, Journal Articles, Contemporary cases, materials form Websites will be discussed by the Course Teacher Concerned)

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