custom relied upon and prove
clearly that he is governed by custom and not by the
general law. Secondly, as to the proof of custom ... decree, and that the decree should therefore be
regarded as proof of breach of custom.
Under Order I Rule 8, CPC , which pertains to
representative
valid custom.
22. It is incumbent on party setting up a custom to
allege and prove the custom on which he relies.
Custom cannot ... 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
sent to the customer.
Additionally, the said RSP also asked the customer to provide a copy of
his ID proof via e-mail. Despite efforts ... which includes accepting and
maintaining electronic requests alongwith copy of ID proof from
customers for both booking and cancellation of tickets. An RSP is
further
that
under-raiyati right is not heritable or transferable, except by proof of
custom. Such rights existing on the basis of custom have been saved ... that
under-raiyati right is not heritable and transferable, except by proof of
custom.
9. The same view has been taken in Bhikhari Bhoi
substantiates the claim backed by the proof that
the liability has not been passed on to the
customer, such a refund claim may be termed ... Tata Teleservices Ltd., V.
The Commissioner of Customs (Export), Chennai ]
23/28
to proof let in, the Assessing Officer shall
consider the claim
prospective subscriber or customer only after
collecting duly filled in Customer Application Form (CAF) along with copies
of Proof of Identity (POI) and Proof ... prospective subscriber/customer only after collecting duly filled in
Customer Application Form (CAF) along with copies of Proof of
density (POI) and Proof of Address
appeal by observing
thus:
No doubt custom of the Scheduled Tribes community are
protected by law. Custom in the tribes differs from place to
place ... order to show the custom in the
community. In absence of proof of custom in the tribes,
principles of Hindu Law will be applicable
many types of customs
to name a few-general customs, local customs and tribal
customs etc. and the burden of proof for establishing ... custom depend on the type and the extent of
usage. It must be shown that the alleged custom has the
characteristics of a genuine custom
marriage. Therefore, it was for him to adduce
evidence in proof of such custom.
15. When the marriage is governed by customs
then what were ... defendant to adduce the
evidence in proof of the custom relating to the marriage
in their community. Rights and obligations of the
parties to such
Darchandanadar also cannot transfer his right, except by way of
proof of custom.
10. In Malati alias Mali Bewa and others, this Court held that