Facts relevant when right or custom is in question
AI Assist
Summary
When the dispute is about whether a right or custom exists, documents or transactions that created, recognised, modified, asserted or denied that right are relevant. Also relevant are particular instances when the right was claimed, exercised, disputed or abandoned. These facts can be used as evidence to prove or disprove the claimed right or custom.
Example
Rohan claims a right to fish in a village pond. A deed showing the fishery was granted to his ancestors, a mortgage by his father, and occasions when neighbours stopped his father from fishing are relevant facts to decide whether Rohan really has that right.
Bare Act
Enacted textWhere the question is as to the existence of any right or custom, the following facts are relevant-
-
(a) any transaction by which the right or custom in question was created, claimed, modified, recognised, asserted or denied, or which was inconsistent with its existence;
-
(b) particular instances in which the right or custom was claimed, recognised or exercised, or in which its exercise was disputed, asserted or departed from.
Illustration.
The question is, whether A has a right to a fishery. A deed conferring the fishery on A's ancestors, a mortgage of the fishery by A's father, a subsequent grant of the fishery by A's father, irreconcilable with the mortgage, particular instances in which A's father exercised the right, or in which the exercise of the right was stopped by A's neighbours, are relevant facts.
Previous year papers
Pick your exam. we'll email the most recent paper.