Supreme Court of India · 1964-04-15
SANT RAM AND ORS. vs LABH SINGH AND ORS.
- Citation / case number
- SC 1964/90262
- Court
- Supreme Court of India
- Petitioner
- SANT RAM AND ORS.
- Respondent
- LABH SINGH AND ORS.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court ruled that pre-emption based on custom is not void under Article 13 of the Constitution, as customs with the force of law are included in 'all laws in force'. The Court followed the precedent set in Bhau Ram v. Baijnath Singh, which held that statutory laws of pre-emption based on vicinage are void, and applied the same reasoning to customs. The appeal was dismissed, affirming the lower court's decision allowing the right of pre-emption based on local custom.