Custom

 Custom -

It is one of the source of law but it is rejected by the English jurists 

Savigny - approved custom but not Austin.

Reasonable  the usage of custom law must be reasonable 

Not because it has prevailed for so long if unreasonable will be replaced by statutory law.

Immemorial time 

How for man remembers the origin of custom is the question 

If the custom has been in practise for more than centuries it is unquestionably law anywhere between 12 and 19 century 

If it traced its origin before 20 years then  it is a question of dispute.

In line with statutory law

The recent customs should be Adjusted to Current statutory laws otherwise it will be replaced that is why a lot of custom

As been abondoned because the people who practise left it alone.

Necessity 

Custom why popular

Since it is the law that existed before statutory 

It is the law of the society rather than the state. 

Custom and prescription 

The inheritance of land from Father to son and so on is futon

Prescription is part or custom

The right which a man posses pass on to his son 

Custom is law and prescription is right .

Comments

Post a Comment

Popular posts from this blog

Administration of justice

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 
Read more

Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 
Read more

Procedural law and substantive law

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...
Read more