burden of proof on the appellant (widow) to establish the customary law of Thiyyas of Calicut gives right to the widow of the deceased person ... treated as the customary law. Since the parties are Thiyyas of Kozhikode Taluk, the law governing them is custody law known as "Makkathayam
could not have
intended to encroach upon right which existed under
customary law and which it widened by adding explanation to
Section 30 .
.......... The legislature ... exist in joint family property or in various
other properties under customary law. That has now been
could not have
intended to encroach upon right which existed under
customary law and which it widened by adding explanation to
Section 30 .
.......... The legislature ... exist in joint family property or in various
other properties under customary law. That has now been
part of the domestic law. It is almost an accepted proposition of law that the rules of Customary International Law which are not contrary ... expressly prohibited by law. In this case, there is no law restricting removal of ordinary earth. But, the principle of customary international law concerning sustainable
law
governing the rights of parties to effect divorce under the customary law
had also not been considered by the Upa Lok Ayukta ... Haryana High Court in Jagjith
Singh v. Mohinder Kaur (1969 (1) ILR P & H 538) has been pressed into
service by the petitioner
objects are lawful and what not.--
The consideration or object of an agreement is lawful, unless--
it is forbidden by law; or
is of such ... Rules of public policy do not belong to a fixed or customary law.
They are capable on proper occasions of expansion and modification.
The question
Lakshadweep, where there is no practice of dowry at all. If law were
to be followed strictly, there could be no practice of dowry anywhere ... amendment and inclusion. Therefore, the fact that the customary law
permitting or authorising the payment of dowry is not available in the
Lakshadweep Island
Muslim Law, 4th
Edition, B.R.Verma on Islamic Law, 6th Edition and Mulla's Principles of
Mohammedan Law, 19th Edition. From the authoritative ... consistent with the position in Mohammedan Law and
therefore has to be recognised as a customary right. The definition of
"muthawalli
payable to the divorced
woman under any customary or personal law applicable to
the parties or on surrender of the rights to
maintenance. Section
questions of law.
SA 199/94
4
1) Is not the right claimed by
plaintiff to repair the compound
wall, a customary easement as
contemplated ... custom and such easements are called customary
easements. That customary easements are to be
distinguished from the customary rights referred under
Section 2(b) . Under
