CommonLaw – Advocatetanmoy Law Library

Tag: CommonLaw

We now come to a period of steady growth in the common law covering just over a century and a quarter (1272-1399). The reign of Edward I is marked by one of the greatest outbursts of reforming legislation in English history until the nineteenth century. The first Statute of Westminster (1275) made numerous changes in procedure, many of them designed to protect the subject against the King’s officers, for the evidence collected by the commission of inquiry set up in the previous year had revealed a good deal of oppression

ITC Limited vs Chowringhee Residency Private-CHC-16/01/2015

Posted by Advocatetanmoyon March 4, 2021March 4, 2021in Law of Injunction

NUISANCE-The common law of nuisance has co-existed with statutory controls, albeit less sophisticated, since the 19th century. There is no principle that the common law should 'march with' a statutory scheme covering similar subject matter. Short of express or implied statutory authority to commit a nuisance..., there is no basis, in principle or authority, for using such a statutory scheme to cut down private law rights

What is common law legal system

Posted by Advocatetanmoyon November 21, 2020November 22, 2020in CommonLaw

The common law originally developed under the auspices of the adversarial system in historical England from judicial decisions that were based in tradition, custom, and precedent. The form of reasoning used in common law is known as casuistry or case-based reasoning. Common law may be unwritten or written in statutes or codes. The common law, as applied in civil cases (as distinct from criminal cases), was devised as a means of compensating someone for wrongful acts known as torts, including both intentional torts and torts caused by negligence and as developing the body of law recognizing and regulating contracts.

Common Law Application

Posted by Advocatetanmoyon September 27, 2020December 17, 2020in Judicial Dictionary

When the Statute Law on a subject is silent, the Common Law is to govern it; and what is the Common Law, depends upon principle and precedent.

Rajunder Narain Rae VS BIJAI GOVIND SING-20/12/1839

Posted by Advocatetanmoyon September 25, 2020September 25, 2020in CIVIL

JUDICIAL COMMITTE OF PRIVY COUNCIL Rajunder Narain Rae, and Cower Mohainder Narain Rae (the two surviving Sons and representatives of Rajah Sree Narain Rae),-Appellants; Bijai Govind Sing (Son and representative of Bhyajha, deceased),-Respondent 1 ON APPEAL FROM THE SUDDER DEWANNY…

History of the Common Law of England by Matthew Hale 1713

Posted by Advocatetanmoyon August 22, 2020August 22, 2020in BOOK

The Laws of England may aptly enough be divided into two Kinds, viz. Lex Scripta, the written Law: and Lex non Scripta, the unwritten Law: For although (as shall be shewn hereafter) all the Laws of this Kingdom have some Monuments or Memorials thereof in Writing, yet all of them have not their Original in Writing; for some of those Laws have obtain'd their Force by immemorial Usage or Custom, and such Laws are properly call'd Leges non Scriptae, or unwritten Laws or Customs.

The Concept of Possession: Why it needs to be protected

Posted by Advocatetanmoyon April 3, 2020April 3, 2020in Jurisprudence, PROPERTY

Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant's postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.

The Silver Age of the Common Law-From the Accession of Edward I to the Death of Edward III- John Maxcy Zane

Posted by Advocatetanmoyon March 30, 2020March 30, 2020in Legal History

These men must have kept in mind an enormous amount of procedural rules. There were four hundred and seventy-one different original writs, each showing a different form of action and requiring its own special procedure.

The Golden Age of the Common Law-From the Norman Conquest to the Death of Bracton: John Maxcy Zane

Posted by Advocatetanmoyon March 30, 2020in Legal History

From: The Story of Law [1927] The Golden Age of the Common Law: From the Norman Conquest to the Death of Bracton The period of the Norman kings is one of gradual growth. The Norman lawyers, building upon what they…

Master of Laws (LLM) in Common Law: The Chinese University of Hong Kong (CUHK)

Posted by Advocatetanmoyon February 2, 2020February 2, 2020in syllabus, University

Master of Laws (LLM) in Common Law The common law is a dynamic and exciting legal system which unites millions of people across the world, in such varied cultures as Hong Kong, Singapore, England, Australia, New Zealand, Canada, India,…

The Genius of the Common Law: Frederick Pollock

Posted by Advocatetanmoyon January 21, 2020January 21, 2020in CommonLaw

In the sense and for the causes I have now shortly set forth, I propose as the general subject of these lectures the Genius of the Common Law. For reasons which seem imperative, I do not propose to handle the matter as a chronicler. A concise history of the Common Law might be a very good thing; I have thought once and again of its possibilities; but if ever the time comes when it can be brought within the compass of eight, ten or twelve lectures, it will be after much more searching and sifting have been done.

Common law practice

Posted by Advocatetanmoyon July 27, 2019in INDEX

CURRENT SUPREME COURT JUDGMENTS

Somesh Chaurasia Vs. State of Madhya Pradesh & Anr-22/07/21 - There are distinct doctrinal concepts in criminal law namely (i) the grant of bail before trial or, what is described as the 'pre-conviction' stage; (ii) setting aside an order granting bail when the principles which must weigh in the decision on whether bail should be granted have been overlooked or wrongly applied; (iii) the post- conviction suspension of sentence under the provisions of Section 389(1); and (iv) the cancellation of bail on the ground of supervening events, such as the conduct of the accused during the period of bail, vitiating the continuance of bail.
Union of India Vs. Rajendra N. Shah & Anr-20/07/21 - These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'. The Constitution 97th Amendment Act was passed by the requisite majority of the Lok Sabha on 27.12.2011 and the Rajya Sabha on 28.12.2011.
K.P. Natarajan & Anr. Vs. Muthalammal & Ors-16/07/2021 - There is no dispute on facts and there is no escape from the conclusion that the respondents have been grossly negligent in defending the suit as well as the execution proceedings. But the fact remains that while the parties can afford to remain negligent, the Court cannot. The High Court has found, after summoning the records from the trial Court that as a matter of fact, the trial Court failed to appoint a guardian for the third respondent/minor in a manner prescribed by law.
Sachin Kashyap & Ors. Vs. Sushil Chandra Srivastava & Ors-15/07/2021 - Writ Petition having been filed for a particular cause and with a particular prayer cannot be expanded to cover within its ambit all the issues which may be of general or public importance without there being any pleadings or prayer with regard to a particular issue.

EXECUTIVE ORDERS

Executive Order on Promoting Competition in the American Economy-09/07/2021 - The American information technology sector has long been an engine of innovation and growth, but today a small number of dominant Internet platforms use their power to exclude market entrants, to extract monopoly profits, and to gather intimate personal information that they can exploit for their own advantage.
Blocking Property and Suspending Entry Into USA of Certain Persons Contributing to Destabilizing Situation in Western Balkans-EO-08/06/21 - All property and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of any United States person of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State
Threat posed by military Industry of China- Biden Issued Executive Order-03/06/2021 - I find that the use of Chinese surveillance technology outside the PRC and the development or use of Chinese surveillance technology to facilitate repression or serious human rights abuse constitute unusual and extraordinary threats, which have their source in whole or substantial part outside the United States, to the national security, foreign policy, and economy of the United States, and I hereby expand the scope of the national emergency declared in Executive Order 13959 to address those threats.
Improving the Nation’s Cybersecurity-EO 12/05/2021 - The United States faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American people’s security and privacy. The Federal Government must improve its efforts to identify, deter, protect against, detect, and respond to these actions and actors. The Federal Government must also carefully examine what occurred during any major cyber incident and apply lessons learned. But cybersecurity requires more than government action.