Custom or Usage Having Force of Law Series Vol. 7 offers an in-depth examination of how customs and long-established social practices evolve into legally recognized norms within the Indian legal system. The book provides analytical clarity on the historical foundation, judicial treatment, and contemporary relevance of customs, emphasizing their role in shaping rights, obligations, and legal interpretation. Through a structured and well-researched approach, the author highlights the circumstances under which customs attain legal validity, the tests used by courts to determine their enforceability, and the dynamic interplay between tradition, social change, and formal legislation. This volume continues the series? tradition of presenting scholarly insights grounded in case law and practical application.
Key Features
- Comprehensive discussion on the essential elements required for a custom to have the force of law.
- Illustrates judicial tests related to antiquity, certainty, reasonableness, and continuity.
- Includes analysis of landmark judgments and comparative perspectives from various branches of law.
- Clarifies distinctions between general customs, local customs, family customs, and professional usages.
- Highlights the tension between customary practices and modern statutory reforms.
- Offers academic depth suitable for advanced legal research and doctrinal understanding.
This book is ideal for law students, researchers, advocates, judicial aspirants, and academicians seeking a deeper understanding of the role of custom within the Indian legal system.