Lex Lata - The Law As It Exists

HOHFELD’S ANALYSIS OF RIGHTS AND DUTIES                                                                              INTRODUCTION Jurisprudence is the branch of philosophy which deals with principles of law and the legal systems through which the law is applied. Hohfeld's contribution was to simplify; he created a very precise analysis which distinguished between fundamental legal concepts (of correlatives & opposites) and then identified the framework of relationships between them [1] which consecutively help to clarify the juridical relationship between the relevant parties better i...

INTRODUCTION 1859 marked the beginning of civil procedural law in India before it there was no uniformity in the law of civil procedure applicable to the whole of the country. Sir Charles Wood, the then President of the Board for the affairs of India instructed the Second Law Commission to address themselves for preparing a Code of simple and uniform procedure applicable to all the courts of the country. The Commission drafted 4 drafts for civil courts of Bengal, the presidencies of Madras, Bombay and the North- Western Provinces. Soon it was released that Code of 1859 lacked in many respects, Mr. Harrington later introduced a number of new provisions based on orders and rules made under the Judicature Acts in England and also borrowed some provisions of the New York Civil Code. Later Sir Arthur Hobhouse, the then Law Member, made substantial contribution to the draft bill, with certain modification, the bill was enacted as the Code of Civil Procedure, 1877. Then after several ...