theory of custom or deductions from other customs which is to be a rule of decision, but only ' any custom applicable to the parties ... daily life: the rule so framed grows up into a custom. Proof of this ultimate fact-that the parties have adopted the rule of conduct
prove a custom must not only be consistent with the
custom which is alleged, but must also prove a
custom which is no wider than ... myriad of castes and customs of the country and
that custom in one family may not necessarily be the custom of
another family and thereby
that the burden lies upon the landlord to prove usage or custom in proof of his right to eject a Chandnadari tenant if he wants ... said that he did not seriously maintain that, apart from proof of custom in any particular case, there are any reported decisions showing that
that the burden of proof lies on that person.
Section 102 - On whom burden of proof lies - The burden of proof in a suit ... standard of proof required. The learned single Judge, however, incorrectly concluded that the very onus of proof that there was no such custom in their
existence of a custom is admissible to
corroborate the evidence adduced to prove such custom
in another case. Where, however a custom is repeatedly
brought ... custom or matter had
arisen."
To prove a custom it is not necessary that a person should
have personally witnessed instances establishing the custom
existence of a custom is admissible to
corroborate the evidence adduced to prove such custom
in another case. Where, however a custom is repeatedly
brought ... custom or matter had
arisen."
To prove a custom it is not necessary that a person should
have personally witnessed instances establishing the custom
clear that in all such questions as to proof of custom one material consideration for the Courts would be whether the witnesses ... custom is one of the three sources of law. Where there is a conflict between the custom and the text of the Smriti, custom overrides
SC1393 (3,39)
ACT:
Hindu Law-Succession-Special family custom, Proof of.
Code of Civil Procedure ... that is admissible ? The earliest decision 'on
the question regarding proof of custom in variance of the
general law is found in Ramalakshmi Ammal
local, tribal or
family custom. A general custom includes a custom common to any
considerable class of persons. A custom which is applicable ... unless
the custom is expressly saved by it.
Such custom must be ancient, uniform, certain, continuous and
compulsory. No custom is valid
custom was a general custom as stated by Rattigan.
Held, that no distinction could be made between a general
custom or other customs ... here made between a general custom and other customs.
Section 48 of the Evidence Act also contemplates the Proof
of a general custom. In Daya
