Principle

CIVIL PROCEDURE — Judicial Pronouncements — Court Must Not Declare Custom Repugnant Suo Motu Without Hearing Parties

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A court cannot declare a custom repugnant without hearing the parties on the issue. The principle applies to customary law. The court must not raise the issue suo motu without inviting submissions. The rule ensures fair hearing. The parties must have notice. The principle is…

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