cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  May 29  1899

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 29 1899

1899

THE recent decision of the Privy Council legalising the affiliation of an only son is one of the most iportant of those that emphasise in the strongest manner possible the necessity of better facilities.than what exist - at present. for the study of the Mtimansci rules of interpretation and the legal maxims which form the key to Hindu jurisprudence. [...] Colebrooke in his essay on the Mimansa Darsam observed :- The disquisitions of the Mimansa bear therefore a certain resemblance to [317) juridical questions ; and in fact the Hindu law being blended with the religion of the people the same modes of reasoning are applicable and are applied to the one as to the other. [...] But they 'would no more give to the boy the status of a son to the adopter than a marriage with a girl of the same Gotra gives to the bride the status of being the wife of the bridegroom. [...] The construction which the J udicial Committee of the Privy Council have put on the texts that prohibit the adoption of an only son would have been admissible if the ordinances of the Rishis on the subject were conflicting. [...] This is the result of the disquisition in the Jfintansa Darsana called the Dwayoh Pranayanti the nature of which is fully expounded both in the Mitakshara and the Daybhaga.
law
Pages
8
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday May 29 1899
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