Section 37
Certain decisions to be according to Native law.
The Bengal, Agra and Assam Civil Courts Act, 1887
About this Act
An Act to consolidate and amend the law relating to Civil Courts in Bengal, the North-Western Provinces and Assam.
1(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.
(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.
Notes
1. The provisions of this section, in so far as they are inconsistent with- the provisions of the Muslim Personal Law (Shariat)
Application Act, 1937 (26 of 1937), rep. by s. 6 of that Act, but have been revived by s. 3 of Act 16 of 1943.