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Citations:

Bluebook 21st ed.

Thomas Edward Scrutton, Editor; Bowstead, William, Editor. Commercial Laws of the
World: Comprising the Mercantile, Bills of Exchange, Bankruptcy and Maritime Laws of
All Civilised Nations (1911).

ALWD 6th ed.

Scrutton, T. Commercial Ls of the World: Comprising the Mercantile, Bills of
Exchange, Bankruptcy & Maritime Ls of All Civised Nations (1911).

APA 7th ed.

Scrutton, T. (1911). Commercial Laws of the World: Comprising the Mercantile, Bills
of Exchange, Bankruptcy and Maritime Laws of All Civilised Nations. Boston, Boston
Book Co.

Chicago 17th ed.

Scrutton Thomas Edward, Editor; Bowstead, William, Editor. Commercial Laws of the
World: Comprising the Mercantile, Bills of Exchange, Bankruptcy and Maritime Laws of
All Civilised Nations. Boston, Boston Book Co.

McGill Guide 9th ed.

Thomas Edward Scrutton, Editor; Bowstead, William, Editor, Commercial Ls of the
World: Comprising the Mercantile, Bills of Exchange, Bankruptcy & Maritime Ls of All
Civised Nations (Boston: Boston Book Co., 1911)

AGLC 4th ed.

Thomas Edward Scrutton, Editor; Bowstead, William, Editor, Commercial Laws of the
World: Comprising the Mercantile, Bills of Exchange, Bankruptcy and Maritime Laws of
All Civilised Nations (Boston Book Co., 1911)

MLA 8th ed.

Scrutton, Thomas Edward, Editor, and William Bowstead, Editor. Commercial Laws of the
World: Comprising the Mercantile, Bills of Exchange, Bankruptcy and Maritime Laws of
All Civilised Nations. Boston, Boston Book Co. HeinOnline.

OSCOLA 4th ed.

Scrutton, Thomas Edward, Editor; Bowstead, William, Editor. Commercial Laws of the
World: Comprising the Mercantile, Bills of Exchange, Bankruptcy and Maritime Laws of
All Civilised Nations. Boston, Boston Book Co.

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 The Empire of India.

Historical Introduction.
The successive subjection of India to foreign rule is reflected in the Laws
of India. These comprise the several systems of the Hindu Law, the Mahom-
medan Law and the British-Indian Law which are administered at present by
the British Courts of Justice. The Portuguese Dutch and French Laws once in
force in several parts of India are now abrogated or obsolete.
Hindu Law is the Native law of India; Mahommedan law came with the
Mahommedan invasion and British-Indian law with the British occupation. British-
Indian law is divisible into two parts: (i) English Law and (ii) Anglo-Indian Law.
By English Law is meant the Laws of England introduced into British India by
Charters or otherwise. The extent and mode of its introduction is discussed below.
Anglo-Indian Law consists of (i) the Acts of the British Parliament passed sub-
sequent to the date of the introduction of English Law into India by Charters, or
otherwise, and specifically applicable to British India, and of (ii) the various Re-
gulations and Acts of the Indian Legislatures.
The East India Company began by governing the Natives of India by Native
Laws exclusively, and Englishmen by English laws, but the system broke down,
necessitating legislation whereby great changes were introduced. At the present
moment, in British India, the Hindus are governed by Hindu Law, and the Mos-
lems by Mahommedan Law, and all others by Anglo-Indian Law and English
Law in so far as the latter is retained, and not repealed or replaced by Anglo-Indian
legislation. In cases not provided for by their respective personal laws even the
Hindus and Moslems are governed by the English and Anglo-Indian Laws. Anglo-
Indian law is the codified law of British India designed to regulate the relations
of mankind. It supersedes the English law in all matters dealt with by Anglo-In-
dian Law. Pro tanto it repeals the English law. But unfortunately Anglo-Indian
legislation though comprehensive is not yet exhaustive, especially in the depart-
ments of mercantile transactions. For this reason English law still constitutes the
chief source of law to fill up the gap in the codified law of British India. This is
specially so in mercantile contracts.
It may not be amiss to observe that there are a few communities in India
like the Borahs and Khojas who are governed, partly by Hindu Law and partly
by Mahommedan Law. The reason is that, though these communities abandoned the
faith of their fathers and embraced Islamism, they still tenaciously clung to the
laws of their Hindu ancestors. The result is that in cases of intestacy, succession
is regulated by the Hindu rules of devolution of property. For this reason a Khoja,
in a recent case, was juridically described by Mr. Justice Russell as a live Moslem,
but a dead Hindu. These intricacies, however, need not trouble the student of the
Commercial Law of British India, for in this department of Law, both the Hindu
and Mahommedan laws are practically negligible. In reality the Hindus now retain
only the Hindu law of marriage, of adoption and of the joint-family, of partition,
and of succession. Mahommedans retain the law of marriage, of testamentary and
intestate succession, and of Wakf (Charitable and quasi-religious trust). As to Con-
tracts there is very little in Hindu or Mahommedan law relating to the law of
Contract which is now in force, as their personal laws are in these respects practi-
cally superseded by the Indian Contract Act. With these exceptions the Laws in force
applicable to all are (i) the English law up to the date of its introduction by the
Charters, (ii) the Acts of Parliament after that date expressly extended to British
India, and (iii) the Regulations and Acts of the various Indian Legislatures as explained
in the following parts.

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