Equity, justice, and morality are all contained in the modern sources of Hindu law, as well as legislation and precedent. The rules of equity, justice, and good conscience would be followed in the lack of any particular laws in the Smritis or in the case of a disagreement between the Smritis at a specific instance.
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Hindu law is said to have its “most fruitful and pragmatic source” in legal rulings. In Shri Krishna Singh v. Mathura Ahir, (1981) 3 SCC 689, the apex court ruled that when applying Hindu law, judges should not impose their own notions, but rather should uphold the law as derived from reputable and knowledgeable sources of Hindu law, namely the Smritis and Commentaries as interpreted in court decisions.
