Proof of rights and customs permits transactions and specific instances showing creation, recognition, exercise, dispute, modification, denial, or departure. Where a right or custom is in issue, relevant facts include transactions that created, claimed, modified, recognised, asserted, denied or contradicted its ... Summary
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Proof of rights and customs permits transactions and specific instances showing creation, recognition, exercise, dispute, modification, denial, or departure.
Where a right or custom is in issue, relevant facts include transactions that created, claimed, modified, recognised, asserted, denied or contradicted its existence. Particular instances in which the right or custom was claimed, recognised or exercised, or its exercise was disputed, asserted or departed from, are also relevant. For a fishery right, this may include ancestral grants, mortgages, inconsistent later grants, prior exercise, and interference by neighbours.
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