Reviewed case brief

Collector of Madura v. Mootoo Ramalinga Sethupathy

(1868) 12 MIA 397

The Privy Council held that a custom, when proved to be ancient, certain, reasonable, and exercised without interruption, constitutes a source of law independent of statute. The case established the essential requisites a custom must satisfy to be recognised as having legal force in India.

customsource-of-lawhistorical-schoolancient-usage
Court
Privy Council
Year
1868
Subjects
Jurisprudence
Reviewed
2026-06-30

Rule established

A custom that is ancient, certain, reasonable, and continuous has the force of law without requiring statutory backing

Facts

    Issues

      Held

        Ratio decidendi

        How to use it in an exam

        Editorial source

        Moore's Indian Appeals

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