Customary Law
Customary Law legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Overriding effect of the custom to the extent provided by S.5 of the Punjab Laws Act, 1872, was unacceptable as the same was against the principles of Islamic Law and through legislative intent the effect of custom was done away with in phases.
Sale-Person dealing with an agriculturist governed by customary law-Presumed to know agriculturist's powers of alienation being limited and alienation being not permissible without some necessary purpose
Alienee hence, bound in duty to satisfy himself as to ancestral property being transferred for some valid object recognised by customary law and to make an honest inquiry in such regard.
History traced.
"Customary Law", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/15247
Precedents & Case Laws citing "Customary Law"
P L D 1962 (W
Mst. RABIA‑Appellant Versus AKBAR AND OTHERS‑Respondents
Court: West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948) as amended by West Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951), S. 2‑Pro perty coming into possession of widow under Customary Law‑Does not at once become subject to Muslim law on passing of West Punjab Muslim Personal Law (Shariat) Application Act, 1948‑ Widow under Customary Law competent to make valid gift of property ‑Power of gift after passing of Punjab Muslim Personal Law (Shariat) Application (Amendment) Act, 1951, not abrogated (Akbar and others v. Mst. Rabia Bibi P L D 1957 Lah. 588 reversed.P L D 1954 Lahore 544
Mst. SHAHZADAN and others‑Plaintiffs‑Appellants Versus SHER AFZAL and others‑Defendants‑Respondents
Court:P L D 1962 (W
ALLAH DITTA AND ANOTHER‑Appellants Versus Mst. BHOLAN AND OTHERS‑Respondents
Court:P L D 1962 (W
ATTA MUHAMMAD AND ANOTHER-Petitioners Versus THE COMMISSIONER, F. C. R. KALAT DIVISION AND OTHERS-Respondents
Court: High CourtP L D 1965 Supreme Court 33
Mst. BANG‑Appellant Versus MAHLU‑Respondent
Court:2006 C L C 1744
BARKAT BIBI — Petitioner Versus MUHAMMAD ARIF HUSSAIN and others — Respondents
Court: High CourtP
Mst. BHAKHAN‑Petitioner Versus MANAK‑Respondent
Court:1987 S C M R 1029
ABDUL KHALIQ through Legal Heirs‑‑Appellant Versus BASHIR AHMAD and others‑‑Respondents
Court: ‑‑‑S.6 (a)‑‑Muslim Personal Law (Shariat) Application Act (IX of 1962), Preamble‑‑West Punjab Muslim Personal Law (Shariat) Application Act (IX of1948), S. 3‑‑Constitution of Pakistan (1973), Art. 185 (3)‑‑Leave to appeal granted to consider contentions (i) that as the Transfer of Property Act, 1882 did not apply to Province of Punjab, the transfer or surrender of reversionary rights were valid under custom; (ii) that if the provisions of Act V of 1962 are read alongwith those of Act, 1948, the position that emerges was that a limited estate, held, by Muslim female under custom having been terminated, widow and two daughters of deceased owner became vested with the ownership of property according to the share under Shariat Law and therefore, the relinquishment of their interests in favour of the appellant was valid.‑‑ Custom(Punjab).P L D 1970 Lahore 629
LT.‑COL. SAFDAR ALI MALIK AND ANOTHER — Defendant‑ — Appellants Versus KHADIM HUSSAIN AND 6 OTHERS‑-Respondents
Court:1969 S C M R 607
FAZAL DAD‑Appellant Versus Mst. NOOR NISHAN AND OTHERS‑Respondents
Court: High Court