British India
place · 3 works · 9 mentions · 19 anchored passages
India
in the texts
The Law of Torts
The colonial jurisdiction for which Pollock drafts a civil wrongs code, repeatedly tested against English precedent for local suitability.
Minute of 17 July, 1879, on Indian Codification, in “Minutes by Sir H.
It may not be practicable to judge European, Hindu, and Muhammadan parents or masters by precisely the same standard.
Richards, but I am told by an Indian judicial officer (Punjab) that for Indian purposes it would not do to go so far, and that practice is in fact otherwise.
The Genius of the Common Law
Colonial territory where the Common Law had never been in force yet the English-derived Indian Penal Code was enacted, and where English legal precedent is heavily cited.
Now the Indian Penal Code, drawn chiefly by Macaulay more than two generations ago, has not only been in force in British India more than half a century, but has been largely copied in other countries under British rule or influence from Hong Kong to the Sudan, and among them Ceylon, where we found Roman-Dutch law in possession.
Not only the decisions of Indian superior courts and of the Judicial Committee on appeal therefrom, but those of English courts, are cited wholesale throughout British India, frequently by advocates who cannot know much of the Common Law and before judges or magistrates who may know as little;
Yet these clauses were adopted by the legislature of British India some ten years later, it would seem by improvidence rather than perversity.
Lectures on the Relation between Law and Public Opinion in England
British-administered India, cited as a case where legislation is shaped by English officials rather than by Indian public opinion.
At this moment legislation in British India is the work of a body of English specialists who follow to a great extent the current of English opinion.