CUSTOMS: A SOURCE OF LAW

BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY

Submitted to- Gargi Whorra Mam Submitted By- Utkarsh Chadha

Department of Law Roll No.- 69
Semester- BBA LLB Ist Semester
Subject- Legal Method

DEPARTMENT OF LAW
SCHOOL OF LEGAL STUDIES
BABASAHEB BHIMRAO AMBEDKAR UNIVERSITY
(A CENTRAL UNIVERSITY)
VIDYA VIHAR RAEBARELI ROAD
LUCKNOW – 226025
 INDEX

I. Acknowledgement 1

II. List of Abbreviations 2

III. Objective 3

IV. Research Methodology 4

V. Introduction 5

VI. Meaning of Custom 6

VII. Definition of Custom 8

VIII. The Position of Customs in Various Legal System 10

IX. Difference between Custom and Usage 11

X. Difference between Custom and Prescription 11

XI. Essentials of Valid Custom 12

XII. Transformation of Custom into Law 17

XIII. Classification of Custom 18

XIV. Conclusion 22

XV. Bibliography 23
 ACKNOWLEDGMENT

I take this opportunity to express my profound gratitude and deep

regards to Gargi Whorra Mam for her exemplary guidance,

monitoring and constant encouragement throughout the course of this

project. The blessing, help and guidance given by her from time to

time shall carry me a long way in the journey of life on which I am

about to embark.

The project helped me learn how to do proper Research and helped

me improve my research skills, I learned about many new things

while doing the project. I would also like to thank my parents and

friends who helped me complete this project within the deadline.

A special acknowledgement goes to my classmates who helped me in

completing the project by exchanging interesting ideas and sharing

their experience.

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 LIST OF ABBREVIATIONS

Abbreviations Full Form

Co. Company

V. Versus

SC Supreme Court

HC High Court

PC Privy Council

IPC Indian Penal Code

AIR All India Reporter

ILR Indian Law Reports

Bom Bombay

Mad Madras

SCC Supreme Court Cases

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 OBJECTIVES

The primary objective of this assignment is to work out various

aspects of custom that contribute to the formation of Laws, Whereas

the tangential objectives is to define Custom, interpret its meaning,

figure out how the customs are adopted in various other legal systems,

Explain the various requisites for a custom to be considered valid,

demonstrate how customs are transformed into laws and finally

Elucidate the classification of customs into its various types.

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 RESEARCH METHODOLOGY

This project is descriptive and analytical in nature. Doctrinal approach

has been followed. Doctrinal legal research methodology, also called

"black letter" methodology, focuses on the letter of the law rather than

the law in action. It is largely based on primary (cases, statutes, or

regulations), secondary and electronic sources. Books and other

references were primarily helpful for the completion of this

assignment.

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Introduction

Imagine the times when there were no codified laws, there can be several questions in one’s

mind like would it result to anarchy or how would you govern and regulate the particular

class and sect of people? In ancient times when there were no laws, the people were governed

by the customs prevalent in their particular community. Those customs were taken seriously

by the community and were enforced and implemented on each and every community of that

particular sect. Customs is a very authentic and binding source of law, because of the historic

value they have. Custom is a habitual course of conduct observed uniformly and voluntarily

by the people. Custom occupies an important place in regulation of human conduct in almost

all the societies. In fact, it is one of the oldest sources of law-making.1

Custom is created by the people, by their unconscious adoption of a certain rule of conduct

whenever the same problem arises for solution and its authority is based on nothing but its

long-continued use and recognition by the people. Custom is some kind of special rule which

is followed from time immemorial. Custom can simply be explained as those long-established

practices or unwritten rules which have acquired binding or obligatory character. Customs are

the earliest sources of law and form the basis of the English Common Law system as we see

it today. They can be described as cultural practises which have become definite and backed

by obligation or sanction just by virtue of widespread practise and continue presence. Law

based on custom is known as customary law.

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Lawyered [Link]
Jul 08,2019

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With the passage of time and the advent of modern civilization, the importance of custom as

a source of law diminished and other sources such as judicial precedents and legislation

gained importance.

Custom, as a source of law, involves the study of a number of its aspects: its origin and

nature, its importance, reasons for its recognition, its classification, its various theories, its

distinction with prescription and usage, and the essential requisites of a valid custom.

Meaning of Custom

The three Sanskrit words Achara (आचार:), Vyavahara (व्यवहार:) and Sadachara (सदाचार:)2

mean ‘religious observances in practice’; ‘the rules of civil law, denoting the right conduct’;

and ‘the routine of righteous men’ respectively. These words, therefore, reflects that custom

is, continuous course of conduct since age-old times. In Hindi the word ‘custom’ means

‘reeti’, ‘vyavahar’, ‘rasm’ or ‘riwaj’.

Some says that the word ‘custom’ is based on Latin word ‘Consuetudo’, some says that the

word ‘Custom’ is derived from the word ‘Consuetus’, while others say that it is the part

participate of word ‘Consuescere’ which means ‘accustom’. Some says that it is derived from

two words ‘con’ means, ‘expressing intensive force’ and ‘suescere’ means ‘become

accustomed’.

The word ‘custom’ literally, grammatically, or ordinarily means; tradition, practice; usage;

observance; way; convention; procedure; ceremony; ritual; ordinance; form; formality;

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The Tribune [Link]
Sep 13, 2020 08:37 PM (IST)

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fashion; mode; manner; shibboleth; unwritten rule; way of doing things; formal; praxis; style;

etiquette; routine; habit; usual; rite; Solemn; unwritten code; conventional social behaviour;

etc.

A custom is a continuing course of conduct which may by the agreement or express approval

of the community, has come to be regarded as fixing the norm of conduct for members of

society. When people find any act to be good and beneficial, apt and agreeable to their nature

and disposition, they use and practice it from time to time, and it is by frequent use and

multiplication of this act that the custom is made. Custom is a rule of conduct which is

spontaneously observed by the society as a tradition, habit and usage, but not in pursuance of

law.

The chief characteristic of the custom is that, it is a generally observed course of conduct.

The best illustration of the formation of such habitual course of action is the mode in which a

path is formed across a common. One man crosses the common, in the direction which is

suggested either by the purpose he has in view, or by mere accident. If others follow in the

same track, which they are likely to do after it has once been trodden, a path is made. Custom

may be considered as a fact and as a law. As a matter of fact, it is simply the frequent and

free repetition of acts concerning the same thing; as a law, it is the result and consequence of

that fact. Custom is a habitual course of conduct observed uniformly and voluntarily by the

people concerned.

Custom may be described in its legal sense, consisting of those rules of human conduct which

are established and evidenced by long usages founded upon pre-existing rules sanctioned by

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the will of the community. The term ‘custom’ is used in a variety of senses: local custom,

usage, (sometimes known as conventional custom), general custom and the custom of the

courts. The first three are solely related to custom; and the fourth relates to precedent or stare

decisis.

Definitions of Custom

Custom has been defined by various jurists as per their notion, understanding, philosophy,

views and opinion. The different jurists also defined custom on the basis of source, validity,

practice, history & utility. Some of the important definitions of custom are as follows:

• Sir John William Salmond – According to him “Custom is the embodiment of

those principles which have commended themselves to the national conscience as

principles of justice and public utility.”3

For Salmond, a valid custom has absolute legal authority which as the force of law in

itself. He divides Customs into two:

• General Custom

• Local Custom

• C.K. Allen - Defines custom as “legal and social phenomenon growing up by forces

inherent in society—forces partly of reason and necessity, and partly of suggestion

and imitation.”

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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 193

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 • J.L. Austin – According to him “Custom is a rule of conduct which the governed

observe spontaneous and not in pursuance of law settled by a political superior.”4

Austin’s ideas were often seen in contravention to customary law because for him, the

political superior was the only source of law and customs were not ‘real law’. They

needed the assent and command of the Sovereign to be considered law.

• Holland - Defined custom as “a generally observed course of conduct.”5

• Robert Keeton – According to him “Customary law may be defined as those rules

of human action established by usage and regarded as legally binding by those to

whom the rules are applicable, which are adopted by the courts and applied as source

of law, because they are generally followed by the political society as a whole, or by

some part of it.”

• Halsbury law - According to Halsbury law “A custom is a specific principle which

has existed either really or hypothetically from time immemorial and has received the

power of law in a specific territory, though in spite of or not steady with the general

precedent-based law of the community”.6

• Harprasad v. Shivdayal - In this case the judicial committee of the Privy

Council observed, custom as a rule which in a particular family or in a

particular district or in a particular sect, class or tribe, has from long usage

obtained the force of a law.7

• Carter - According to him, “The simplest definition of custom is that it is the

uniformity of conduct of all persons under like circumstances.”

4
Law Bhoomi [Link]
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0superior.%E2%80%9D February 16, 2020
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 193
6
Wikipedia [Link]
7
Indian Kanoon [Link]

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 • Sir Henry Maine - According to him, “Custom is conception posterior to that of

Themistes or judgments.” 8 Themistes were judicial awards which were dictated to the

King by the Greek goddess of justice. He explained, “Themistes, Themises, the plural

of Themis, are the awards themselves, divinely dictated to the judges.

The Position of Customs in Various Legal System

• Roman Law - Customs played a major role in the legal system of ancient Rome

before codification, after the codification of law their importance were decreased as

customs became a secondary source of law. Test of reasonableness and antiquity was

fixed to make a custom a law.9

• Hindu Law - Most of the law in Smritis and Commentaries are customs. They have

given great importance to customs and said that customs should be followed. After

British started codification of law, their importance was decreased.10

• Mohammedan Law - It is said by many jurists that customs were not expressively

disapproved by the Prophet Mohamad. It was on the basis of customs that Sunnis

interpreted many provisions of law, especially the law of divorce and inheritance.11

• English Law - They have played a major role in moulding English law. They are

known as ‘Common Law’ in English law. Common law is a customary law and thus

they can neither be against God, nor against law of reason, and they are always

8
Cambridge [Link]
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02 January 2018
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 193
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 193
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 194

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 believed to be good and necessary. The common law according to 19th and 20th-

century jurists are “Judge-made law”.12

• French Law - French system does not give such importance to customs.13

Difference between Custom and Usage

Custom and usage seems to mean one and the same thing, but the two essentially differ in

certain ways. A usage is a repetition of acts whereas custom as the general rule arises from

the repetition since times immemorial. Usage derives its authority from the consent of the

parties to a transaction whereas custom is binding irrespective of the consent by the parties.

In simple words, a usage may exist without a custom, but a custom cannot exist without a

usage associated to it. Merely attaching the antiquity clause (i.e., a particular has been

followed from time immemorial) doesn’t make it binding. In Noble v. Kennoway14, Lord

Mansfield said, “it is no matter if the usage has only been for a year.”

Difference between Custom and Prescription

Prescription is limited to the rights of a person and his predecessors; thus, it is a species of

custom. When a course of conduct is practiced for a long time, it gives rise to rule of law, to

become custom and if it gives rise to the right, it is prescription. Prescription is confined to

the personal right whereas custom extends to a particular place of community and unlike

custom; prescriptions need not to be followed from time immemorial. For a custom to be

12
Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 195
13
Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 195
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valid it must be in conformity with the principle of natural justice, it is not in case of

prescription. In simple words, custom is a source of law while perception is a source of right.

Essentials of Valid Custom

• Immemorial Antiquity/Ancient - The primary trial of a legitimate custom is that

it must be prevalent from time immemorial, it must have been in existence for a long

time, even beyond human memory.

• C.K. Allen - According to him, “a mere habit, practice, or fashion which has

existed for a number of years nobody supposes to be Ipso facto an obligatory

custom; antiquity is the only reliable proof of resistance to the changing

conditions of different ages.”15

• Blackstone - According to him, “A custom in order that it may be legal and

binding, must have been used as long that the memory of man.”16

• Manu – According to him, “Immemorial custom is supernatural law”.

In England, the year 1189 i.e., the reign of Richard I King of England has been fixed

for the determination of validity of customs.17

The Allahabad High Court as early as 1895 laid down in KaurSen v. Mamman, that it

would be inexpedient to apply the English ‘rule of 1189’ in India as it would destroy

many customary rights of modern growth in villages and in other places.

In Gokul Chand v. Parvin Kumari AIR 1952 SC 25118, the Supreme Court ruled and

denied to measure the validity of Custom from 1189 AD but stated explicitly that it

must be of ancient and historical times.

15
iPleaders [Link] June 12, 2019
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iPleaders [Link] June 12, 2019

17
Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 195
18
Indian Kanoon [Link]

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 • Reasonableness/No Arbitrariness - The second significant legal trial of a

legitimate custom is that it must be reasonable19. It must not be unreasonable. It must

be helpful and advantageous to the general public. On the off chance that any parties

face difficulties in a custom, the parties must fulfil and convince the court that a

particular custom is unreasonable. This means the weight of evidence lies upon the

individual who challenges the custom. To ascertain the reasonableness of a custom it

must be traced back to the time of its origin. The unreasonableness of a custom must

be so great that its enforcement results in greater harm than if there were no custom at

all.

The judicial committee of the Privy Council, delivering its judgment through Sir

James Colville in Raja Varma v. Ravi Varma observed that a custom which is not

reasonable is invalid in law and not binding.

In Wolstanton Ltd. v. Newcastle (1947) under-Lyme Corporation, it was held that

Courts will not enforce unreasonable customs.

The Bombay High Court, in Narayan v. Living20, held that a custom allowing a lady

to forsake her better half at her pleasure and marry again without mutual agreement to

be shameless and arbitrary on one spouse. The topic of reasonability is one of law for

the court.

The standard which the courts apply has been characterized by the Divisional Court of

the King’s Bench in Produce Brokers co. v. Olympia oil and coke co., considered

grounds of valid customs as “reasonable and legitimate and for example, sensible,

genuine and impartial men”.

19
Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 198
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Law Column [Link] November 20, 2020

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 • Morality - A custom which is immoral or opposed to public policy cannot be a valid

custom. Courts have declared many customs as invalid as they were practised for

immoral purpose or were opposed to public policy.

In Mathura Naikin v. Esu,Naikin [(1880) ILR 4 Bom 545], 21the Bombay High Court

has held that the custom of adoption of girls for immoral purposes, like dancing is

illegal as it was designed to perpetuate this profession.

In case of Balusami v. BalaKishna [AIR 1957 Mad 97], 22the custom permitting

marriage with daughter’s daughter has also been held immoral.

• Continuous Practice - The custom should be followed continuously without any

break. A custom must be followed with consistency and continuity If it is proved

otherwise that there were a break and a pause by a particular community in the

following the custom in a court of law, then the court may have the discretion to get

the custom annulled. Therefore, a custom must be followed in consistency and

continuity.

In case of Muhammad Hussain Forki v. Syed Mian Saheb23, it was held that unless

there is continuity, there is no custom.

• Peaceful Enjoyment - A custom should have been enjoyed peacefully in the

society in order to be recognized as law. Any custom advocating or calling for

violence, implicitly or explicitly, `cannot be considered a custom.

21
BnW Journal [Link]
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24/04/2020
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Lawyers Club India [Link]
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Scribed [Link]

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 • Conformity with Statute Law - No custom can be in contravention to the existing

law of the land. Any practise, however widespread and accepted, if found in violation

of any statute of a said territory cannot be considered a custom. It should not be

contrary to the statutory law. A custom should necessarily yield where it conflicts

with a statutory law.

India’s the position is clear that custom must not be opposed to statute law, as the

same thing has been held by the Indian Supreme Court in Darshan sing v. Naimum

Nisa Bibi. Obviously custom cannot abrogate a newly enacted legislation.

• Certainty - The most important test of a valid and essential custom is that a

particular custom must be specific and less from ambiguity. If a particular custom is

ambiguous, vague and not understandable by the parties then the particular custom

will be declared as null and void by the court. A custom, however ancient, must not be

indefinite and uncertain.

In Wilson v. Willes (1806), 24it was held that a custom must be certain and not vague.

A custom which is vague or indefinite cannot be recognized.

• Compulsory Observance/Universal - A custom to be legally recognized as a

valid custom must be observed as a right. It means that custom must have been

followed by all concerned without recourse to force and without the necessity of

permission of those who are adversely affected by it. It must be regarded by those

affected by it not merely as an optional rule but as an obligatory or binding rule of

conduct.

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 According to Carter, “Custom is effectual only when it is universal or nearly so. In the

absence of unanimity of opinion, custom becomes powerless, or rather does not

exist.”25

• Must Not be Opposed to Public Policy - A valid custom should not be opposed

to public policy. In this sense, public policy implies the principles on which the social

laws are based. In nut shell a custom is valid if it not contrary to justice, equity or

good conscience or opposed to public policy.

In case of Budanso v. Faturr, 26it was held that a custom which would enable a

married woman to marry again during the life time of her husband without dissolving

the marriage was contrary to public policy

• No Analogical Deductions - Custom can’t be extended out by analogy. It must be

set up inductively, not deductively and it can’t be built up by earlier techniques. It

can’t involve hypothesis yet should dependably involve reality. In like manner, one

custom can’t be inferred and deduced from another custom. Custom in contravention

to fundamental rights will be declared as null and void.

• Juridical Nature - A custom must be of a juridical nature. A custom must refer to

legal relations. A mere voluntary practice not conceived of as being based on any rule

of right or obligation does not amount to a legal custom.

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Transformation of Custom into Law

There are two theories regarding the transformation of custom into law, which are as follows:

• Historical Theory - The main exponents of this theory are Karl Von Savigny, his

disciple Puchta, Blackstone, and Sir Henry James Summer Maine. According to

Savigny, custom is per se law27. He says law is based on custom. A custom carries its

justification in itself. According to Puchta, “Custom is not only self-sufficient, and

independent of legislative authority, but is a condition precedent of all sound

legislation” 28Thus, custom is independent of the law of sovereign. It is independent

of any declaration or recognition by the state. Sir Henry Maine regards custom as

source of formal law. According to Manu, “custom is transcendent law”. [Link]

also contends that great many laws were brought in not only without the wishes of the

people but against the wishes of the great mass of them. Allen also pointed out that all

customs cannot be attributed to the common consciousness of the people According to

this theory, the growth of law does not depend upon the arbitrary will of any

individual. Custom is derived from the common consciousness of the people. It

springs from an inner sense of right. Law has its existence in the general will of the

people. The Historical theory has been criticized by Paton as “The growth of most of

the customs is not result of any conscious thought but of tentative practice”

• Analytical theory - The main exponent of this theory is Austin. According to him,

custom is not law in itself, but it is a source of law. If a custom is not recognized by

the legislation and approved by the judiciary, it will not become a law. Gray 29also

27
Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 200
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 200
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 200

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 says that true view is that the law is what the judges declare. The legislation,

precedents, customs and morality are all sources of law. According to Holland,

customs are not law when they arise but they are largely adopted into laws by State

recognition. A custom is a law only to the extent to which, and from the time, when

the sovereign sanctions it. According to him, custom is a legal material and source of

law. This view is also supported by Salmond. Gray also concedes that custom is one

of the sources of law but it is certainly not the sole source of law. The Analytical

theory has been criticized by Allen in these words- “Customs grow by conduct and it

is therefore, a mistake to measure its validity solely by the element or express

sanction accorded by courts of law or by other determinate authority.”

Classification of Custom

• Customs can be mainly classified into two types which are as follows:

1. Customs without sanction

2. Customs with sanctions

• Further, these Customs with sanction can be classified as follows:

A. Legal Customs

B. Conventional Customs

• Legal Customs have been further classified as follows:

i. General Custom/ Customs for all

ii. Particular Custom/ Local Custom

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 1. Custom Without Sanction - These are those customs which are merely non-

directory. They are altogether seen because of the nearness of the general public

beliefs which is contrary to the views expressed by Austin in his positivist morality

theory.30

2. Custom with Sanction - These are the customs which have been implemented by

the State. These customs are upheld by authorization by the different courts in their

pronouncements.31

These Customs with Sanction have two types which are as follows:

A. Legal Custom - The legal customs are those whose legal authority is

absolutely unequivocal. These customs work as the coupling rule of law. They

have been perceived by the courts and have turned into a piece of the tradition

that must be adhered to. They are upheld by the courts in their judicial

pronouncements. It is again classified as under.

Legal Customs are of two types: -

i. Local Custom / Particular Custom - A local custom 32is that

which is practised in some characterized locality, that is, to an area,

town or then again, a zone. Be that as it may, they don’t infer land

locality as it were. Some of the time, certain groups or families take

their customs with them wherever they go. They also are called local

30
Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 200
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Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition Pg. 200
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 customs. Consequently, in India local customs might be separated into

two classes; Land local custom ‘and individual local custom. These

customs are law just for a specific locality, sects or family. A local

custom to be valid should be sustain, reasonable, continuous, and

permanent and should not be contrary to any existing law.

ii. General Custom / Customs for all - A general custom is what

wins all through the nation and comprises one of the wellsprings of the

rule that everyone must follow. As indicated by Keeton, ‘a general

custom should likewise fulfil certain conditions on the off chance that

it is to be a wellspring of law’. 33It must be sensible, pursued and

acknowledged as official and ought not to be in contravention with the

resolution law of the nation and must be in presence from the time

immemorial.

B. Conventional Custom - A conventional custom is likewise called “usage”.

34
It is a setup whose authority is contingent on its acknowledgement and the

organization in the agreement between the gatherings bound by it. In basic

words, a conventional custom is a contingent and condition is that it will tie on

the parties just, on the off chance that it has been acknowledged and

consolidated by them in their agreement.

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Toppr [Link]
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 A conventional custom is authoritative on the parties not in light of any

legitimate specialist, but since of the way that it has been explicitly or

impliedly incorporated in an agreement between the parties so concerned.

In the case of Asarabulla v. Kiamtulla, 35the Privy Council ruled that where

the terms of the agreement are in contravention to the formed contract or

agreement enforceable by law then, the same shall not be enforced by the law.

Before a court of law treats a conventional custom as legally binding, certain

prerequisites have to be fulfilled.

Those are:

• It must be shown that the convention is clearly established and also

that the contracting parties are fully aware of it. There is no fixed

period before which a convention must be observed before it is

recognised as binding.

• The convention cannot alter the general law of the land.

• It must be reasonable.36

35
iPleaders [Link]
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June 12, 2019
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 CONCLUSION

Customs is a cultural idea which comes into existence with the existence of the society and

defines a normal blueprint of conduct, which is the characteristic of life. The influence of

custom can be traced in any legal system as directly or indirectly, knowingly or unknowingly,

customs govern the society and form the basis of large number of laws. But with the passage

of time and the advent of contemporary civilisation, the importance of custom as a source of

law is diminishing and other sources are gaining significance.

It has already been told that customs were of great importance before the state came into

existence. Before the state. Customs was the only recognized source of law. When the state

came into existence, it played a very less role to legislate laws and it mainly recognized most

of the customs. Customs has been recognized more or less in almost all the systems. English

common law is the product of a judicial decision of the King’s courts. It is further to be noted

that with the passage of time, Customs have decreased in value. The state took the

responsibility to legislate on different matters. Thus, legislated laws became the primary

source of law and legislation and precedents now have more importance than customs.

Therefore, it can be seen that Customs are a very important source of law, which have their

historical roots in the earliest and most primitive of societies, and still hold relevance. Society

is constantly in the process of establishing newer practices which might in due time turn into

usages or customs. We depend on customs and are governed by them, knowingly or not. The

English Common law can be interpreted as a formalization of existing customs, and therein

lies the importance of having the right customs in society.

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 BIBLIOGRAPHY

Book

• Jurisprudence: The Legal Theory by B.N. Mani Tripathi 19th edition

Case Laws

• Asarabulla v. Kiamtulla

• Balusami v. BalaKishna [AIR 1957 Mad 97]

• Budanso v. Faturr

• Darshan sing v. Naimum Nisa Bibi

• Gokul Chand v. Parvin Kumari [AIR 1952 SC 251]

• Harprasad v. Shivdayal

• KaurSen v. Mamman

• Mathura Naikin v. Esu,Naikin [(1880) ILR 4 Bom 545]

• Muhammad Hussain Forki v. Syed Mian Saheb

• Narayan v. Living

• Noble v. Kennoway

• Produce Brokers co. v. Olympia oil and coke co.

• Raja Varma v. Ravi Varma

• Wilson v. Willes (1806)

• Wolstanton Ltd. v. Newcastle (1947)

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law/#:~:text=Bombay%20High%20Court%20on%20account,preferred%2
0to%20be%20the%20custom
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