Equity, justice, and morality, as well as precedent and regulations, are some of the modern Hindu legal sources. The rules of equity, justice, and good morality would be followed in the absence of any particular laws in the Smritis or in the case of a conflict between the Smritis.
In other words, in each individual case, what the judge deems to be the most fair and equitable course of action would be followed. The Supreme Court stated in Gurunath v. Kamlabai (1951) 1 SCR 1135 that it is now well-established that courts have the authority to determine issues on the principles of justice, equity, and good conscience in the absence of any rule of Hindu law unless doing so would be contrary to, or violate, those principles.
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