The Privy Council the British Courts and the Personall Laws of India

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Description
Justice S.D. Dave (Former Judge of Gujarat High Court) has to be complemented on bringing out an earnest study of the judgments of old English Courts and Judges, particularly in dealing with personal laws prevailing in India. Privy Council in India has dealt remarkably and shown sensitivity and clarity in dealing with personal laws of our country,
I do not propose to summarise the book as that is not the function of a preface. The first case which comes to my mind is a libel case filed by one Jadunathjee Maharaj (Vallabhacharya Sect) against one Karsandas Mooljee and others for alleging that the Maharaj was indulging in the disgusting practice claiming the right of first night and having sex with the ladies of his followers. The case was dismissed by Justice Sir Joseph Arnold and Justice Sir Mathew Sausse, who held that there was no libel and allegations were not true. Karsandas was a poor man with a wife suffering from serious disease and was supported by the rich Bhatia's. In that case the defendants engaged the services of one leading lawyer namely Anstuy from Madras (now Chennai). In the High Count corridor the Maharaj told Anstuy not to touch him as that would pollute him. Anstuy replied that Maharaj was a dirty man and he would not touch him with a barged poll.
There was also a case in which a High priest of the Bora's claimed the right to deny reformist Bora's to bury the dead bodies in a plot reserved for burial of Bora's. That right was denied by Chief Justice M.C.Chagala, who was a progressive Judge, but the decision was reserved by the Supreme Court. The Counsel for the High priest was K. M. Munshi.
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Table of Contents
1. Introduction
2. Early Gentoo Laws
3. Personal Laws
4.Custom & Usages
5. Adoption
6. Acknowledgment Legitimacy
7. Conversions
8. Congenital/Non-Congenital Disabilities
9. Mahomedan Gifts
10. Concubinage
11. Inheritance-Succession- Wills
12. Marriage & Divorce
13. Migration & The Law
14. Munjawar Shebaits- Religious Leaders
15. Pious Obligation
16. Pre-emption
17. Special Cloak of Protection
18. Widows & Sisters - Survivorship Inter se 19. Miscellaneous
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Author Details
Justice S.D. Dave