Custom - Law Dictionary Search Results
Home Dictionary Name: customCustom
Custom [fr. Costume, It.; coustume, coutume, Fr.; costumbre, Sp.; consuetudo, Lat.], 'Custom maybe defined to be a law or right not written which being established by long use and consent of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common Law within that place to which it extends although contrary to the General Law of the realm.' If it be universal, it is Common Law; if particular, it is then properly custom. The requisites to make a particular custom good are these: (1) It must have been used so long that the memory of man runs not to the contrary; (2) it must have been continued and (3) peaceable; also (4) reasonable and (5) certain; (6) compulsory, and not left to the option of every person, whether he will use it or not; and (7) consistent with other customs, for one custom cannot be setup in opposition to another; see 1 Bl. Com. 76. Customs are of different kin...
Customs
Customs, duties charged upon commodities on their importation into, or exportation out of, a country. They seem to have existed in England before the Conquest, but the king's claim to them was first established by grant of Parliament in the reign of Edward I. These duties were at first, principally laid on wool, woolfels (sheep-skins) and leather when exported. There were also extraordinary duties paid by aliens both on export and import, which were denominated parva custuma, to distinguish them from the former, or magna custuma. The duties of tonnage and pound-age, of which mention is so frequently made in English history, were customs duties; the first being made onwine by the tun, and the latter being ad valorem duty of so much a pound on other merchandise. When these duties were granted to the Crown they were denominated subsidies, and as the duty of poundage had continued for a lengthened period at the rateof 1s. a pound, or five percent., a subsidy came, in the language of the cu...
General custom of the Punjab
General custom of the Punjab, General custom - 'the general custom of the Punjab' is inaccurate. Plowden J., in Ralla v. Budha, 50 Pun Re 1893 at p. 223 said, 'it seems expedient to point out that there is strictly speaking no such thing as a custom or a general custom of the Punjab, in the same sense as there is a common law of England, - a general custom applicable to all persons throughout the province, subject (like the English common law) to modification in its application, by a special custom of a class, or by a local custom.' Young C.J., said in Mt. Simon v. Shahu, ILR 17 Lah 10 (11): AIR 1935 Lah 93, 'There is no such thing as general customary law known to the Legislature.' In Kesar Singh v. Achhar Singh, ILR 17 Lah 101 (106): AIR 1936 Lah 68 (69), Addison A.C. J. said that the expression 'general custom of the Punjab' was clearly a misnomer. Ujagar Singh & Co. v. Jeo, AIR 1959 SC 1041 (1044): 1959 Supp (2) SCR 781....
Custom stations
Custom stations, a customs station has, by reason of the explanation to s. 2(ab), the same meaning as in the Customs Act, 1962, and that is: 'any customs port, customs airport or land customs station', Minerals and Metals Trading Corpn. of India v. S.T.O., (1998) 7 SCC 19 (23). [Central Sales Tax Act, 1956, s. 2 (ab) and Expln...
Indian customs water
Indian customs water, means the waters extending into the sea upto the limit of contiguous zone of India under s. 5 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 and includes any bay, gulf, harbour, creek or tidal river. [Customs Act, 1962 (52 of 1962), s. 2 (28)]Indian customs waters, Indian Customs waters' covers not only, Indian coastal waters but also much more because the customs waters extends 24 nautical miles from the coastal baseline which follows that Indian coastal waters are within the Indian Customs Waters, Hawabi Sayed Arif Sayed Hanif v. L. Hrringliana, (1993) 1 SCC 163: AIR 1993 SC 810 (816). [Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, ss. 3(2) and 5]...
Custom of the country
Custom of the country, in agriculture, that usage governing the relations of agricultural landlords and tenants which is considered to be incorporated in every farming lease or agreement unless it ibe expressly excluded therefrom. The most important kinds of custom are those by which the tenant on quitting his holding has a right to be compensated for his expenditue on those acts of husbandry of which he cannot obtain thebenefit during the tenancy itself, as where the tenant goes out of Lady-Day, and si either paid in money for the seed and labour which he has expended upon the crop to be reaped in the autumn, or has a right to re-enter to till and gather his 'away-going crop.' See AWAY-GOING CROP.In many parts of England, the custom of the country entitles the tenant to be paid for artificial manures, and in some few, pre-eminently in Lincolnshire, for drainage and buildings; but customs are most variable and difficult to ascertain, and from a comparison of returns procured in 1848 by...
Customs station
Customs station, has by reason of the explanation to s. 2(ab) the same meaning as in the Customs Act, 1962, and that is 'any customs port, customs airport or land customs station, Minerals & Metals Trading Corpn. of India Ltd. v. Sales Tax Officer, (1998) 7 SCC 19....
Custom frontier
Custom frontier, 'custom frontiers' in s. 5 of the Central Sales Tax Act cannot be construed to mean 'customs barriers', State of Madras v. Davar & Co., AIR 1970 SC 165: (1969) 3 SCC 406 (409) [Central Sales Tax Act, (74 of 1956), s. 5(2)]International Law. The territorial boundary at which a country imposes customs duties, Black's Law Dictionary, 7th Edn....
Crossing the customs frontiers of India
Crossing the customs frontiers of India, means crossing in the limits of the area of a customs station in which imported goods or export goods are ordinarily kept before clearance by customs authorities. [Central Sales Tax Act, 1956 (74 of 1956), s. 2 (ab)]...
Custom-house
Custom-house, the house or office where commodities are entered for importation or exportation; where the duties, bounties, or drawbacks payable or receivable upon such importation or exportation are paid or received; and where ships are cleared out, etc. The principal British custom-house is in London, but there are custom-houses subordinte to it in all the considerable sea-ports...
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