Full Description
Judges of superior courts in India lean heavily on English case-law and on the views of renowned English jurists, like Dicey and Cheshire, in deciding cases on private international law or conflict of laws. The time has come to evolve our own system of conflict of laws as did American Courts and American jurists in the course of the last two hundred years. This work deals with cases that call for comment in the three main areas of the subject, namely the law of obligations, the law of persons, and the law of property, besides cases that call for comment in respect of foreign judgments and foreign arbitral awards, as also the law relating to procedure. The author critically analyses the leading Supreme Court cases, and provides his perspective on the application of law in each case. The idea is to state where judges went wrong in deciding complicated cases dealing with private international law so that corrective measures can be taken in future. The work aims to educate judges to decide accurately the cases involving complex legal issues of extraterritorial application of laws.
Contents
Preface
Table of Cases
PART I
Domicile and Residence
PART II
The Law of Obligations: Foreign Contracts and Foreign Torts
PART III(1)
Law of Persons: Marriage and Matrimonial Causes
PART III(2)
Law Relating to Children: Custody of Minors and the Role of Courts as Parens Patriae
PART IV
Validity of Marriage: Should It be Deemed Omnific in Conflicts Resolution of Related Issues?
PART V(1)
Foreign Judgments: Recognition and Enforcement
PART V(2)
Foreign Arbitral Awards and Foreign Judgments Based upon Such Awards: A Juridical Inquiry
Part VI
Property
Part VII
Law Relating to Procedure
Index
About the Author
