Gopalakrishnan, N S; Dr.Chandrasekharan Pillai, K N(Cochin University of Science and Technology, May , 1988)
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Abstract:
Theoretically speaking, property is extension of the personality of the individual. It serves the purpose of satisfying the self of the individual in the society. Various theories have been attempted to explain its origin and development.
However, it is the socialist theory of property which finds acceptance in many societies today. A proper definition of the concept of property has notbeen given in the statutes governing protection of property or in the Indian Constitution. While deciding cases under the Indian Penal Code, the courts have however, been interpreting the term 'property' in a manner facilitating its accommodation
within the contours of the socialist theory of property, though
there was no attempt for any formal theorization. An examination
of the decisions under the Penal Code provisions and Constituent
Assembly Debates has reinforced the above view that our
courts as well as legislature have adopted the socialist concept
of property. Because of the importance of the theory of property in the general scheme of this study, it was thought appropriate toinclude a chapter on the theory of property as reflected in our constitution.
Description:
Department of Law, Cochin University of Science and
Technology.