Reviewed case brief

Bhagwan Singh v. Bhagwan Singh

(1899) ILR 21 All 275

The Privy Council held that a party relying on custom must prove it by clear evidence showing long, continuous, and uniform practice. The burden of establishing a custom lies squarely on the person asserting it, and mere assertion without cogent proof is insufficient. The case sets the evidentiary s

customburden-of-proofevidencerequisites-of-custom
Court
Privy Council
Year
1899
Subjects
Jurisprudence
Reviewed
2026-06-30

Rule established

Custom must be proved by clear evidence of long continuous practice; the burden of proof lies on the party asserting the custom

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        Indian Law Reports Allahabad Series

        Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.