With a view to emphasize the importance of the customary practices in the
State of Nagaland governing social practices and ownership and transfer of
land ... resolution to that effect is passed by the
Legislative Assembly. Customary practices that govern land ownership and
transfer would subsume under themselves the issues relating
being practiced
from time immemorial in Sikkandar Badhusha Avuliya Dargah,
Thirupparankundram Madurai.?
b) Whether the said practice is an essential practice of
Mohammedan religion ... hill and it is worshiped as a Linga. There is a customary
practice from time immemorial to perform Girivalam around the hillock. The
Civil Court
Bench, it is implicitly clear that
only if there is a customary practice in a particular village and further if there
is no specific burial ... dead bodies.
21. In the above backdrop, when there is no customary practice being
followed by the persons in the village with regard to burying
residence. The Ld.counsel further
submitted that as per customary practice prevailing in this part of
country, especially in Hindu marriages, substantial chunk of
jewellery ... balance belongs to the assessee's wife. It is a
customary practice prevailing in this part of the country to receive or
gift gold
question arises for consideration is when
there is a conflict between customary practice, commercial
principle and provisions of Section 32 , which one will
prevail ... provision, namely, Section 32 of the Act will
prevail over the customary practice and commercial
principle. Therefore, even on customary practice or
commercial principle whereby
business or
profession. The commercial principle of computing income or the
customary practice of computing income may also provide for
depreciation only in respect ... question arises for consideration is when there is a
conflict between customary practice, commercial principle and
provisions of Section 32 , which one will prevail
thereby giving details
of customary practice of the performance of
marriage amongst the members of Mao Naga tribe.
(vi) The respondent says that their marriage ... appellant and
late A. Akha were married according to Mao Customary practices.
Further, it is stated that one, Mrs. Nikhini Athisa is her
daughter
stated that his first
marriage was dissolved in 2008 according to customary
practices prevalent in his family.
7. The appellant accordingly prayed for a decree ... prove
customary divorce from his first wife or otherwise. Apart from a
mere pleading that the respondent obtained divorce through
customary practice, no other evidence
Appellant
contends that it was solemnized in accordance with the customary
practices prevalent among the Lambada community.
8. Now moving forward, the impugned order passed ... matters of
social life, including the solemnization of marriage. The
customary practice among the Lambadis excludes the
performance of „Saptapadi‟, which forms an essential rite
referred to hereinabove, we are thus
inclined to hold that the customary practice of collection of
tolls by the Syiems and their Durbars ... power to run the day today
administration in accordance with customary practices.
13. Another point of argument advanced by the learned Sr. counsel