Reviewed case brief
Durgah Committee, Ajmer v. Syed Hussain Ali
AIR 1961 SC 1402
The Supreme Court held that while custom has the force of law in personal law and can regulate rights and obligations within a community, it must yield to an express statutory provision when there is a conflict. The case clarifies the hierarchy between custom and legislation as sources of law.
- Court
- Supreme Court of India
- Year
- 1961
- Subjects
- Jurisprudence
- Reviewed
- 2026-06-30
Rule established
Custom has the force of law in personal law matters but yields to an express statutory provision
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
Supreme Court Reports
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.