Section 37: Certain decisions to be according to Native law.
The Bengal, Agra and Assam Civil Courts Act, 1887Central Act · Act 12 of 1887
(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.
Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.
repealed, Act 16 of 1943. . 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.
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