(Last Updated on : 30/11/2017)
Indian Law System demotes to the system of law
in modern India. It preserves a mix lawful system with a combination of civil, common law and regular or religious law within the legal structure. It is inherited from the regal era and a variety of legislation first introduced by the British
are still in effect in modified forms at the moment.
Types of Indian Law System
Following are the different kinds of Indian Law System:
: In February 2011, the Supreme Court of India
ruled that criminal defendants have a legitimate right to advice. The Indian Penal Code prepared by the British in 1860 forms the back of criminal law in India. The Code of Criminal Procedure, 1973 administers the technical aspects of the criminal law. The last implementation was performed on February 28, 2017.
: Indian labour law are amongst the most inclusive in the world. In practice, there is a big unofficial division of workers, between 80 percent or 90 percent of the labour force, to whom labour rights are not essentially accessible and laws are not implemented.
: These laws are rather recent. They legalize the relationship between landlords and give a variety of rights to a landlord as well as renter. Every State in India
has its own rental fee law.
: The current Indian company law was updated and codified in the Companies Act of 2013. One day company registration in India is not possible as it is necessary to show certain documents, preparation of which takes time.
: It administers entrance into contract, and effects of breach of contract. The major contract law in India is codified in the Indian Contract Act, which came into effect on 1st September 1872 and expands to all India apart from the state of Jammu and Kashmir.
: This law covers custodial death
s, police atrocities, encounter killings, illegal custody and desertions. Tort is break of some autonomous duty of contract which has caused damage to the petitioner giving rise to civil cause of action.
: Income Tax is imposed by the Central Government
under the Income Tax Act 1961. An important control on this law is Article 265 of the Constitution which states that "No tax shall be imposed or collected apart from by the right of law." The major tax ratification is the Income Tax Act of 1961 passed by the Parliament
, which institutes and governs the taxation of the incomes of individuals and corporations. Goods and Services Tax (GST) is a complete indirect tax on manufacture, sale and expenditure of goods and services all over India to replace taxes imposed by the central and state governments
: It extends to the whole of India apart from the state of Jammu and Kashmir
and Andaman and Nicobar Islands
. Trust law in India is mostly codified in the Indian Trusts Act of 1882, which came into power on March 1, 1882.
: Nationality law or citizenship law is chiefly codified in the constitution of India and the Citizenship Act of 1955. Even though the Constitution of India bars numerous citizenships, Parliament of India had passed a law creating a new form of very limited dual nationality called Overseas Citizenship of India on 7th January 2004. Abroad citizens of India have no variety of political rights in the government.
laws in India are different when Warren Hastings in 1772 created provisions prescribing Hindu
law for Hindus and Islamic
law for Muslims. Recent improvement has affected safekeeping and guardianship laws, adoption laws, succession law, and laws concerning domestic violence and child marriage
Intellectual Property Law
: These laws have been endorsed to look after and promote intellectual property. The laws for intellectual properties are - trademarks Act, copyrights Act, geographical indications Act.
: Cyber liberty is an important characteristic of modern times and as such information technology Act has been performed which provides principles applicable to online transactions and many more.
: Indian civil law is composite, with each religion
having its own detailed laws to go after. After independence Indian laws are changing according to the modern world. Civil issues like murder, physical attack, physical injury, economic offences, medical disregard, drugs/ narcotics, aggravation, sexual abuse, domestic violence, corruption, extortion, cheating, colonization, human rights violation, and more come under civil law.
: It is also known as case law. A "common law system" is an authorized system that gives huge precedential weight to common law system. It is a body of law derived from judicial decisions as separate from statutes.