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Page 1 SOURCES OF LAW Page 2 SOURCES OF LAW SOURCES OF LAW Sources of Law (Salmond) Formal Material Legal Historical Page 3 SOURCES OF LAW SOURCES OF LAW Sources of Law (Salmond) Formal Material Legal Historical Sources of Indian Law Custom Legal Local General Conventional Precedent Binding Persuasive Legislation Primary Legislation Secondary Legislation Page 4 SOURCES OF LAW SOURCES OF LAW Sources of Law (Salmond) Formal Material Legal Historical Sources of Indian Law Custom Legal Local General Conventional Precedent Binding Persuasive Legislation Primary Legislation Secondary Legislation REQUISITES OF VALID CUSTOM 1. Antiquity: Custom must be in existence from time immemorial 2. Continuity: Should have been continuously in existence from the time immemorial ? Example - Saptapadi Page 5 SOURCES OF LAW SOURCES OF LAW Sources of Law (Salmond) Formal Material Legal Historical Sources of Indian Law Custom Legal Local General Conventional Precedent Binding Persuasive Legislation Primary Legislation Secondary Legislation REQUISITES OF VALID CUSTOM 1. Antiquity: Custom must be in existence from time immemorial 2. Continuity: Should have been continuously in existence from the time immemorial ? Example - Saptapadi REQUISITES OF VALID CUST OM… 3. Reasonable: It must be useful and convenient to the society. 4. Certainty: If a custom is vague or ambiguous it cannot be considered as a valid source of law. 5. Consistency: Difference or inconsistency in custom will amount to different rule of conduct for a given situation 6. Peaceful Enjoyment: enjoyed peaceably without any dispute in a law court or otherwiseRead More
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