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" No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not. "
Law Notes - Σελίδα 46
1921
Πλήρης προβολή - Σχετικά με αυτό το βιβλίο

The New Practice of the Court of Chancery as Regulated by the Acts for the ...

Sir James Cornelius O'Dowd - 1852 - 196 σελίδες
...hearing, may order the cause to stand revived, and proceed to a decision, if it shall seem fit. No suit shall be open to objection on the ground, that a merely declaratory decree is sought for, and it shall be competent for the court to make binding declarations on questions...

Hansard's Parliamentary Debates

Great Britain. Parliament - 1852 - 856 σελίδες
...clauses, which were unanimously agreed to: — Clause to follow Clause 47 — No suit in the said Court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations...

The Legal Observer, Digest, and Journal of Jurisprudence, Τόμος 44

1852 - 584 σελίδες
...of plaintiffs, and Ле plaintiff having an interest shall have died 50. No suit in the said Court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations...

Jurist: Containing Reports of All Cases Determined in Law ..., Τόμος 16,Μέρος 2

1853 - 526 σελίδες
...probable consequence of the 50th and 51st sections, which enact—Sect. 60. " No suit in the said court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations...

The Equity Reports: Reports of Cases Argued and Determined in the ..., Τόμος 1

Great Britain. Court of Chancery - 1854 - 650 σελίδες
...remove both those objections, or only the first? What is the language used ? " No suit in the said Court shall be open to objection, on the ground that a merely declaratory decree or order ia sought thereby," and " it shall be lawful for the Court, to make binding declarations...

The Irish Jurist, Τόμος 7

1855 - 828 σελίδες
...directions as to costs or otherwise as may appear just and expedient. CXI. No suit in the said court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the court to make binding declarations...

The New Practice of the Court of Chancery

Charles Stewart Drewry - 1856 - 408 σελίδες
...expedient. L. No suit to be objected to because only declaratory order sought. — No suit in the said court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the court to make binding declarations...

Reports of Cases Adjudged in the High Court of Chancery: Before Sir ..., Τόμος 2

Sir Edward Ebenezer Kay, Great Britain. Court of Chancery, Henry Robert Vaughan Johnson - 1856 - 828 σελίδες
...section, which is the only one bearing on the subject, is merely this, that " no suit in the said Court shall be open to objection on the ground that a merely declaratory decree or order is sought thereby ; and it shall be lawful for the Court to make binding declarations...

Parliamentary Papers, Τόμος 25

Great Britain. Parliament. House of Commons - 1856 - 612 σελίδες
...to the High Court, as directed in the last preceding article. XX. No suit in any of the Civil Courts shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations...

Report of Her Majesty's Commissioners Appointed to Consider the ..., Τόμος 4

Great Britain. Royal Commission on the Reform of the Judicial Establishments, Judical Procedure, and Laws of India - 1856 - 172 σελίδες
...in the last preceding article. diction. Declaratory suit. XX. . No suit in any of the Civil Courts shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Court to make binding declarations...




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