What the law requires before an alleged custom can receive the recognition of the Court, and so acquire legal force, is satisfactory proof of usage, so long and invariably acted upon in practice, as to show that it has, by common consent, been submitted... The Hindu Law of Marriage and Stridhan - Pàgina 14per Sir Gooroodass Banerjee - 1879 - 487 pàginesVisualització completa - Sobre aquest llibre
| 1868 - 576 pàgines
...so acquire legal force is, satisfactory proof of usage so long and invariably acted upon in practice as to show that it has, by common consent, been submitted...the particular family, class, or district of country ; and the course of practice, upon which the custom rests, must not be left in doubt but be proved... | |
| Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1874 - 572 pàgines
...Muttu (e) • "It must be satisfactory proof of usage so long and invariably acted upon in practice as to show that it has, by common consent, been submitted to as the established governing rule of the family, class, or district of country ; and the course of pr*ctice, upon which the custom rests, must... | |
| Sir Henry Stewart Cunningham - 1877 - 248 pàgines
...acquire legal force, is satisfactory proof of a usage so long and invariably acted upon in practice, as to show that it has by common consent been submitted...particular family, class or district of country." And in dealing with the same case in appeal,* the *i4M IA 5™ Judicial Committee observed " Their... | |
| John Dawson Mayne - 1878 - 680 pàgines
...11 Bomb. HC 249 ; Saviguy, Droit Rom. i. 33-36, 165-175 ; Introduction to Punjab Customs. practice, as to show that it has, by common consent, been submitted...the particular family, class or district of country ; and the course of practice upon which the custom rests must not be left in doubt, but be proved with... | |
| Bombay (India). High Court of Judicature, Bombay (Presidency). Supreme Court - 1867 - 672 pàgines
...presumption, although it may fall short of " proof of usage so long and invariably acted upon in practice as to show that it has by common consent been submitted to as the governing rule of the community," to adopt the language of Scotland, CJ, in the case of Sivanan- 1875.... | |
| John Dawson Mayne - 1883 - 786 pàgines
...acquire legal force, is satisfactory proof of usage, so long and invariably acted upon in practice, as to show that it has, by common consent, been submitted...the particular family, class, or district of country ; and tho course of practice upon which the custom rests must not be left in doubt, but be proved with... | |
| Upendra Nath Mitra - 1889 - 822 pàgines
...certain. 4 There must also be satisfactory proof of usage so long and invariably acted on in practice, as to show that it has by common consent been submitted to as the established rule of the district or part of the country.6 IV. An easement is sometimes acquired by estoppel, —... | |
| Syed Ameer Ali, Sir John George Woodroffe - 1898 - 1646 pàgines
...so acquire legal force is satisfactory proof of usage so long and invariably acted upon in practice as to show that it has, by common consent, been submitted...rule of the particular family, class or district of country.8 Local usage (dettKhar), if it really exists, being a custom prevalent over a whole district... | |
| Maulawi Sayyid Amir ʻAlī, India, Syed Ameer Ali, Sir John George Woodroffe - 1907 - 1136 pàgines
...so acquire legal force is satisfactory proof of usage so long and invariably acted upon in practice as to show that it has, by common consent, been submitted...governing rule of the particular family class or district or country. (4) Local usage (desachar), if it really exists, being a custom prevalent over a whole... | |
| Upendra Nath Mitra - 1907 - 204 pàgines
...certain.* There must also be satisfactory proof of usage so long and inivariably acted on in practice, as to show that it has by common consent been submitted to as the established rule of the district or part of the country. A grant of an easement to an individual need not be reasonable,... | |
| |