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    <title>1949 (10) TMI 6 - PRIVY COUNCIL</title>
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    <description>Long and continuous village use of land for cremation from time immemorial, without abandonment, was held to support a customary right binding the land for the benefit of local inhabitants. The claim was treated as resting on custom, not on dedication to the public or the doctrine of lost grant, and the custom was described as requiring certainty, reasonableness, and immemorial origin. The first appellate court&#039;s factual findings were binding, but the legal effect of those facts remained open to review; the higher court erred by replacing the customary-right analysis with an incorrect legal basis. The customary right was affirmed, and protection of the cremation ground was restored, with burial-ground relief excluded.</description>
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    <pubDate>Thu, 20 Oct 1949 00:00:00 +0530</pubDate>
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      <title>1949 (10) TMI 6 - PRIVY COUNCIL</title>
      <link>https://www.taxtmi.com/caselaws?id=275058</link>
      <description>Long and continuous village use of land for cremation from time immemorial, without abandonment, was held to support a customary right binding the land for the benefit of local inhabitants. The claim was treated as resting on custom, not on dedication to the public or the doctrine of lost grant, and the custom was described as requiring certainty, reasonableness, and immemorial origin. The first appellate court&#039;s factual findings were binding, but the legal effect of those facts remained open to review; the higher court erred by replacing the customary-right analysis with an incorrect legal basis. The customary right was affirmed, and protection of the cremation ground was restored, with burial-ground relief excluded.</description>
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      <pubDate>Thu, 20 Oct 1949 00:00:00 +0530</pubDate>
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