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37. Certain decisions to be according to Native law.

(1) Where in any suit or other proceeding it is necessary for a Civil Court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the Muhammadan law in cases where the parties are Muhammadans, and the Hindu law in cases where the parties arc Hindus, shall form the rule of decision except in so far as such law has, by legislative enactment, been altered or abolished.

(2) In cases not provided for sub-section (1) or by any other law for the time being in force, the Court shall act according to justice, equity and good conscience.

Bengal, Agra and Assam Civil Courts Act, 1887 Back

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