Category Archives: Legal Method

legal method

CONCEPT OF LAW

Positive approach to law concentrates on things as they are not as they ought to be. This approach is opposed to the theory of natural law and is the imperative theory of law, which found its most forceful expression in the workers of Austin. In 1832 the lectures delivered by John Austin at the University of London were… Read More »

GROWTH OF LEGAL PROFESSION IN INDIA

The complex legal system of today cannot exist without its experts. A lawyer is a person who possesses expert knowledge of law and has practical skill in its working. In India lawyers are officers of the court helping judges in the administration of justice. A well organized and independent legal profession is not only a pre condition for… Read More »

REFORMS OF LORD CORNWALLIS

The Governor-Generalship of Lord Cornwallis (1786-1793) constitutes a very remarkable and a highly creative period in Indian legal history. He thoroughly reorganised the judicial system. He introduced for the first time the principle of administration according to law. He made very important and far-reaching reforms in the judicial administration, some of the basic principles of which exist even… Read More »

ABOLITION OF DUAL JUDICIAL SYSTEM

The 1857 revolt/mutiny opened the eyes of the British Parliament to the corrupt administration of the Company and to the total lack and complete dissatisfaction of the natives with the administration of justice in India. It was felt that more and more natives should be allowed to participate in the governance of the country if the British were… Read More »

THE ADALAT SYSTEM, REFORMS OF WARREN HASTINGS

In 1765, the company entered into an agreement with the Emperor whereby it obtained the diwani of the three provinces of the Bengal, Bihar and Orissa. In Warren Hastings prepared the first judicial plan. It was the first step to regulate machinery of administration of justice and the plan being a landmark in the ial history become famous… Read More »

The Gram Nyayalayas Act – Nyaya Panchayat, Lok Adalat and Legal aid Nyaya Panchayat

The village panchayats constitute very old and traditional/administrative institution in India. With the decline of Mughal empire and advent of British power, this institution lost its prestige and importance. But, during the later part of the British period they made some effort to restore the condition of village panchayat with Village Court Acts of 1888. which created panchayat… Read More »

DISTINCTION BETWEEN PANCHAYAT AND LOK ADALAT

FIRST, A Panchayat is a full-fledged court which is established to entertain disputes of both civil and criminal nature. It collects and takes evidence and gives a decision on the case before it where as Lok Adalat is not a full pledged court, rather it is an institution for handling disputes by conciliation. It aims at arriving at… Read More »

THE ADVOCATES ACT, 1961

To implement the recommendations of the All India Bar Committee (fully endorsed by fourteenth Report of the Law Commission in 1955), the Advocates Act, one thousand nine hundred sixty one was enacted. The Act extends to the whole of India, except the State of Jammu and Kashmir. The Act provides for amending and consolidating the law relating to… Read More »

ESTABLISHMENT OF HIGH COURTS

In one thousand eight hundred sixty one, the British Parliament passed the Indian High Courts Act which provided for the establishment of the High Courts at the Presidency Towns. The Act also authorised the Crown to establish more High Courts by Letters Patent whenever the Crown (the Queen) deemed fit. The constitutions of the judges and their number… Read More »

THE LEGAL SERVICES AUTHORITIES ACT, 1987

The Legal Services Authorities Act, 1987, was enacted to give a statutory base to legal aid programmes throughout the country on a uniform pattern. The Act was brought into force with effect from Nineth September one thousand nine hundred ninety five, almost eight years after its enactment, after certain amendments were introduced therein by the Amendment Act of… Read More »