inheritance among Khojahs is the Hindu Law, in the absence of proof of custom to the contrary" and this issue was found ... governed by Hindu Law of. inheritance in the absence of special proof of custom. Dealing with the question of ancestral property the learned Judge observed
their Lordships declared that, in the absence of proof of a special custom of descent, the succession to a zamindari impartible and capable of enjoyment ... original grantee, the estate is not inalienable except on proof of special custom." The case is, therefore, an authority for the proposition that inalienability
their community. It is needless to repeat the wellknown principles regarding proof of custom, that it must be ancient it character, certain, reasonable and should ... party has failed to adduce necessary evidence in proof of his case. Proof of custom stands on a peculiar footing and unless and until
Customs Act. Under S. 1780-A of the Sea Customs Act, the burden of proof is on the present that the goods in his possession ... bard to the customs department, obviously under S. 180 of the Sea Customs Act, and they were delivered to the customs authorities. Thereafter they issued
should be applied except in cases where there is clear proof of custom to the contrary. I think it is too late ... Ayyar who appears for the widows about the burden of proof of a custom opposed to the ordinary Hindu Law and about the essentials
should be applied except in cases where there is clear proof of custom to the contrary. I think it is too late ... valid custom and how many exceptions to the custom set up would make the Court hold that the custom pleaded is not obligatory or invariable
this appeal has reference to the evidence adduced in proof of family custom. Three objections are urged on appellant's behalf against the decision ... thus to be explained away, there can be no proof of any custom either as regards impartibility or inalienability. But their Lordships of the Privy
could establish a custom by evidence of what he calls an analogous custom. He contends, for example, that the recognised custom by which the stridhanam ... making of such custom." Customs may be similar or contradictory, probable or improbable, and the existence of one custom is no evidence
burden of proof lies upon the Party who sets up the custom. The custom to bold good in law must be reasonable and the majority ... Court below, I find that even on the question of proof of custom and the factum of adoption, there has not been a proper adjudication
must, therefore, be made out in each particular case by proof of custom. In the absence of such proof it is for the Court ... case, the Court would not insist upon such strict proof as when a custom or usage is set up in derogation of the general
