question raised by their Lordships in that case was: Whether sufficient proof of custom of 'Udiki1 marriage was adduced by the 4th defendant ... questions, Their Lordships while examining the principles relating to the custom in general and customs of Udiki marriage among Lingayats and as to whether such
ratio laid down in the necessity of pleading and proof of custom in every case does not arise when the Privy Council ... been validly adopted in law, in the absence of pleading and proof of custom is an untenable view. The defendants have produced
eiiioI7ggleaieiifigkind proof of custom in eveiy
l' the privy Council by law
{here is a Custom amongst the sudras to
'adopt ... contends that in the absence of pleadings and proof of
custom the adoptiori deed Ex.D-7 is to be held as
invalid
custom was pleased
to observe that, normally all customs must be proved,
exception to it is where High Court recognizes that a
custom is prevailing ... decision to such effect remaining unchallenged and
binding, custom gets blended into law and proof thereof
would become unnecessary under Section 57 of the
Evidence
years
is valid in the absence of any plea or proof of
custom prevailing in the community?"
9. The respondent/defendant has appeared
through ... High Court
held that necessity of pleading and proof of custom in
every case does not arise when the Privy Council has
by law declared
custom in Ext. 18 establishes the existence of the custom now pleaded. Ext. 18 does not say what the custom was.
(underlining is mine ... defendants, the material is insufficient to establish the ingredient essential for proof of custom that too, customary in a particular community, in view
sale of forgings manufactured and sold by the petitioner to his customers should not be treated as parts of machinery and parts of automobiles ... rough and unfinished and to meet the requirement of the customer "proof machining' is done to remove the forging scales and uneven surface
custom that prevailed in a particular community, the
necessary proof of such customs has to be evidenced by
oral and documentary evidence. The plaintiff tried ... oral testimony and documentary evidence to such an
extent regarding the proof of custom has to be
established.
23. The plaintiff has failed to establish
Customs Department under the Customs Act . Whether Government could or could not act on the presumptions drawn by the Customs Authorities under the Customs ... their investigation under the Customs Act , the Customs authorities were free and competent to invoke S. 123 of the Customs Act if the terms
Customs Department under the Customs Act . Whether Government could or could not act on the presumptions drawn by the Customs authorities under the Customs ... Customs Authorities under the Customs Act .
Sri Hegde refusing the contention of Sri Kumar contends that under Section 123 of the Customs Act, the Customs
