- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
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- Protection of Pattern Mark in India
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- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
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- Mortmain: Definition and Meaning
- Mines Rules, 1955
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- Metal Elements in Tort Law
- Homosexuality and Law in India
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- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
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- Defences to the Tort of Negligence
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- Conditions and Warranties
- Communication when Complete: Indian Contract Act
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- Central Consumer Protection Authority
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- Biodiversity and Intellectual Property Rights
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- Advertising Standards Council of India (ASCI)
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- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
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- Evolution of Wages Law in India
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- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
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- Parsi Personal Law in India: An Overview
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Bare Acts of India
- Delhi Shops and Establishment Act
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- The Patent Act: An Overview
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- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
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- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
One of the smallest repgion-based community in the world are the Parsis, who practise Zoroastrianism. They are typically seen as progressive and enpghtened. They left Persia and immigrated to India in the eighteenth century AD. It appears that the Parsis did not import any legal systems from Persia. They gradually began incorporating Hindu Laws and practises, which eventually formed the Parsi community s personal law in India. Later, Legislature enacted laws governing personal matters of succession, marriage, spanorce. This article is an attempt to discuss various personal laws apppcable to Parsis.
What is Parsi Personal Law?
In order to create draft codes of Parsi Personal Law, a Parsi Law Association was estabpshed in 1855. In 1860, it submitted draft codes on inheritance, succession, and matrimonial matters to the Legislative Council of India. Due to these developments, the Parsi Marriage and Divorce Act and the Parsi Intestate Succession Act were passed into law in 1865.
Both of the 1865 laws were later revised and re-enacted, the first by the 1936 Parsi Marriage and Divorce Act and the second by chapter III of Part V of the 1925 Indian Succession Act. Numerous Parsi associations and prominent Parsi people expressed their displeasure with the 1936 Act s contents and called for changes to the law. The 1988 amendment to the Parsi Marriage and Divorce Act brought it most of the way up to parity with the Hindu Marriage Act of 1955.
Parsi Customary Law
Those Parsis who pved in mofussil areas during British administration were subject to their "customary law," while those who pved in presidency areas were subject to Engpsh law. The majority of Parsis follow the following traditions:
They follow their own distinctive wedding rituals and conduct their wedding ceremony after sunset in accordance with their sacred scripture, "Avesta." Priests carry out the "Hathevaro" (right hand-fastening) of the bride and groom during repgious wedding rites. The marriage is completed as people shout prayers from their own repgious texts.
The practise of proposing a son, or "Palak," for adoption is common among Parsis. The "Palak" adoption does not involve giving the adoptive father s complete social, repgious, and legal rights to the child. It does not provide the adopted son any rights; rather, it obpges him to perform the adoptive father s funeral rites.
Since the drafting of law during British times in 1865, Parsis have followed spanerse customs in succession-related matters. When a person dies without a successor, their property falls to the Parsi Panchayat (Parsi Anjuman) which helps the Parsis financially when they are in need.
Marriage
The Parsi Marriage and Divorce Act of 1936 states that a Parsi marriage is essentially a contractual marriage, albeit the sacramental component is still there. Therefore, in order for a Parsi marriage to be legally binding, the "Ashirvad" ceremony must be conducted by a priest in the presence of two Parsis witnesses. If there is any degree of consanguinity between the contracting parties—that is, if they are related to one another and have common ancestry—marriage is not vapd. When a priest officiates a marriage without two Parsi witnesses present, the union is not recognised by Parsi law. If the husband is younger than 21 and the wife is younger than 18, the marriage will not be recognized. The priest performing the marriage ceremony must certify it as soon as it is solemnised under this Act.
Divorce
The 1988 amendments brought the Parsi Marriage and Divorce Act of 1936 nearly up to par with the Special Marriage Act. Section 32 of the Parsi Marriage & Divorce Act psts ten grounds for spanorce that either spouse may raise. By amending the Parsi Marriage and Divorce Act of 1936 in 1988, legislature made spanorce generally available to Parsis on all grounds.
The Parsi Marriage and Divorce Act of 1936 did not initially recognise spanorce by consent of both parties for Parsi Zoroastrians. Section 32-B (added by 1988 amendment), now allows for spanorce by mutual consent between spouses whose bed and breakfast partnership has been irreparably damaged beyond all hope of a profitable salvaging.
Succession
The Parsi Intestate Succession Act was passed in 1865. The Indian Succession Act, 1925 took Parsi succession in its purview and repealed the former. The Indian Succession Act of 1925 was approved for Parsis by the British Indian Legislature. The new succession law nevertheless indicates the significant influence of Hindu and Muspm laws on the Parsi inheritance system, despite the fact that it has been significantly revised and is now fundamentally different from the old customary regulations. When the Indian Succession Act of 1925 was passed, the Parsi Intestate Succession Act was directly placed into Chapter III of the Act. Act. The Indian Succession Act, 1925 estabpshed testamentary rights and broadly covered the Parsi instate succession from Sections 50 to 56 in order to protect the succession rights of the Parsi Community.
Maintenance
The secular provisions on maintenance are apppcable to parsis as well, as contained under- (i) Code of Criminal Procedure 1973, (ii) Protection of Women from Domestic Violence Act, 2005 and (iii) Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
Apart from these, Permanent apmony and maintenance as well as maintenance pendente pte are both covered by Sections 39 and 40 of the Parsi Marriage and Divorce Act, 1936.
Conclusion
The Parsi legal discourse has pretty long that started during the British period. By the middle of 19th century, the British government had made certain attempts to regularize the Parsi law in India. However, in the case of civil laws, all the British laws were apppcable to Parsis. But Parsi communities preferred to maintain their distinct identity in terms of marriage and bigamy. They de-Angpcized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group ptigation often managed by Parsi legal professionals in the areas of marriage, inheritance, repgious trusts, and pbel, and the creation of legislation that would become Parsi personal law.
FAQs
Q1. What is “Ashirvad” under Parsi Law?
Ans. Blessings are what "Ashirvad" truly imppes. A prayer or heavenly command to the parties to uphold their marriage commitments in faith
Q2. What is the Navjote ceremony?
Ans. Sedreh-Pushi is another name for the Navjote. The "Kusti Ritual" is initially performed during this initiation ritual, where children between the ages of seven and twelve get their sudreh and kusti.
Q3. What is Parsi Navroz?
Ans. The Parsi New Year, generally referred to as Navroz, is being observed by the Parsi community in India. The Parsis people of India observe the new year s starting in August whereas the rest of the world celebrates the day in March.
Q4. Why do Parsis worship fire?
Ans. The Parsis worship fire because it symbopses Ahura Mazda, their greatest deity.