cites: 1317334 doctypes: judgments

Lakshmidhar Misra vs Rangalal on 20 October, 1949

In Lakshmidhar's case, 76 Ind App 271 = (AIR 1950 PC 56) (supra) it was held that user for generations, entry in settlement record as smasan since a time earlier than thirty years prior to suit, absence of non-abandonment could establish existence of a customary right to which law could attach legal sanction.

Bombay High Court Cites 5 - Cited by 27 - Full Document

Nani Gopal Dutta And Ors. vs Kshitish Chandra Banerjee And Anr. on 26 April, 1949

In Nani Gopal's case, (supra) it was held that it was not necessary to prove that user ran back to a time beyond living memory, the true rule being that on proof of long user antiquity is inferred.

Calcutta High Court Cites 13 - Cited by 4 - Full Document

Musammat Subhani vs Nawab on 17 August, 1940

In Mt. Subhani v. Nawab, AIR 1941 PC 21 reiterated in Gokal Chand v. Parvin Kumari, AIR 1952 SC 231 relied on by Mr. Sengupta it was observed that in Indian conditions, the English rule that "custom; in order that it may be legal and binding, must have been used so long that the memory of roan runneth not to the contrary" was neither apposite nor useful. It was observed at page 32, "All that is necessary to be proved is that the usage has been acted upon in practice for such a long period and with such invariability as to show that it has, by common consent, been submitted to as the established governing rule of the particular locality."

Bombay High Court Cites 2 - Cited by 38 - Full Document

Baba Narayan Lakras vs Saboosa on 15 April, 1943

AIR 1924 Ail 159. thirty years user, acquiesced by the zamindar was held to establish a customary easement of way while in Baba Narayan v. Saboosa. AIR 1943 PC 111, a right enjoyed for fifteen years was found to be insufficient to establish a customary right.

Bombay High Court Cites 2 - Cited by 12 - Full Document

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Lakshmidhar Misra vs Rangalal on 20 October, 1949

Nani Gopal Dutta And Ors. vs Kshitish Chandra Banerjee And Anr. on 26 April, 1949

Musammat Subhani vs Nawab on 17 August, 1940

Baba Narayan Lakras vs Saboosa on 15 April, 1943