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made before the commencement of the Central Excises and Customs Laws (Amendment) Act, 1991 (4 of 1991 ), such application shall
Central Government Act
activities of the individual."
WHEN CUSTOM BECOMES CUSTOMARY LAW `
3. Custom relates to society and law is concemed with State ... expressed in a statute It cannot become a positive law. Customs come under
positive morality. Theory of positlvism treats custom
Central India Law Quarterly
rule that a
proved special custom may override the general law. This case raises
many interesting questions of far reaching ... this Presidency had in 1847 adopted customs based
on the law of the Hindu joint family, had those customs
Bombay High Court
State.
Section 5 provides that the withstanding any law, custom or usage to
the contrary, whoever not being a minor ... custom or usage, but the
difference between personal law and custom or usage is clear and
unambiguous.
[13] That this
Bombay High Court
abrogate the existing law or custom in so far as it is
replaced by the law enacted in the statute ... operates in the same
area as there existing law or custom, the statutory
provision must prevail and the existing
Supreme Court of India
text, rule or interpretation of Hindu law or any custom or
usage as part of that law in force immediately ... case was not based
solely either on Hindu Law or custom but the Court had taken the view
that looked
Bombay High Court
both parties are subject to the same personal law
or custom having the force of law, decide according to that ... force of law though undoubtedly in both these laws
custom is a source of law. But save except
Andhra High Court
inheritance to the total exclusion of the Personal Law. The custom
supersedes the Personal Law sc far it is established ... regards
matters outside such custom the Personal Law must prevail.
18. In Ahad Lone v. Azizi
Jammu High Court
SC1359 (19)
RF 1991 SC1654 (15)
ACT:
Customary Law-Proof of custom-When can be taken judicial
notice ... plaint she had
relied on a custom. The personal law of the parties was the
Hindu law and the respondent
Supreme Court of India
argued
that Clause (ii) of Section 139 of the Customs Act, 1962 relied upon by
the Collector was not available ... Customs, Madras
supporting their view. The counsel urged that end-use is irrelevant and
cited the case law
Customs, Excise and Gold Tribunal - Delhi
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