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
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
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
been generally assumed that,, in the absence of proof of custom to the contrary, the law of succession and inheritance amongst the Khojas ... Court of applying Hindu law in the absence of proof of custom to the contrary, which might well justify the onus being thrown
administering the Hindu law of inheritance in the absence of proof of any special custom to the contrary. Now an examination of the records ... settled rule that, in the absence of proof of a special custom to the contrary, Hindu law must regulate the succession to property amongst Khojas
decisions which were pointed out to him in proof of that custom. I do not propose to embark on that task. Suffice ... that the correct position in regard to the proof of custom by means of decided cases is to be found from the decision
that the alleged custom was not proved; (5) that the principal characteristics of a valid custom were wanting and that the custom was unreasonable ... Then it is clear that in all such questions as to proof of custom one material consideration for the Courts would be whether the witnesses
here been generally assumed that, in the absence of proof of custom to the contrary, the law of succession and inheritance amongst the Khojas ... custom in favour of the plaintiff, the special customs contrary to the Mitakshara law not being proved, but customs conformable to that law being shown
written statement resting on this fact alleged that there was no local custom authorizing the application of the Mahojnedan law of Shaffa or pre-emption ... That is to say that the decision rests not upon any proof of custom in the particular case but on the supposed proof of that
custom has not acquired any force of law nor it is backed by any custom and in absence of any proof of the custom ... Divorce is backed by custom. In the absence of any proof of custom or that the Deed of Divorce is legally valid, the Divorce Deed
