The Calcutta Law Reports of Cases Decided by the High Court, Calcutta, Also Judgments of H. M.'s Privy Council, 1877, Τόμος 3


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Σελίδα 36 - No Court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a Court of jurisdiction competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such Court.
Σελίδα 598 - The Indian Legislature has powers expressly limited by the Act of the Imperial Parliament which created it, and it can-, of course, do nothing beyond the limits which circumscribe these powers. But, when acting within those limits, it is not in any sense an agent or delegate of the Imperial Parliament, but has, and was intended to have, plenary powers of legislation, as large, and of the same nature, as those of Parliament itself.
Σελίδα 605 - The established Courts of Justice when a question arises whether the prescribed limits have been exceeded must of necessity determine that question and the only way in which they can properly do so is by looking to the terms of the instrument by which affirmatively the legislative powers were created and by which negatively they are restricted.
Σελίδα 203 - Presidency shall have and exercise all Jurisdiction and every Power and Authority whatsoever in any manner vested in any of the Courts in the same Presidency abolished under...
Σελίδα 389 - ... no evidence of any oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from, its terms : — Proviso (i.).
Σελίδα 469 - Up to this point the doctrine has the concurrence of all the schools of Hindoo law, but the compiler of the Mitakshara adds a proposition not found elsewhere : ' also property which she may have acquired by inheritance, purchase, partition, seizure, or finding, is denominated by Manu and the others
Σελίδα 206 - Where plenary powers of legislation exist as to particular subjects, whether in an imperial or in a provincial Legislature, they may (in their Lordships' judgment) be well exercised, either absolutely or conditionally. Legislation, conditional on the use of particular powers, or on the exercise of a limited discretion, entrusted by the Legislature to persons in whom it places confidence, is no uncommon thing ; and, in many circumstances, it may be highly convenient.
Σελίδα 5 - If a stranger begins to build on my land, supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a court of equity will not allow me afterwards to assert my title to the land on which he had expended money on the supposition that the land was his own.
Σελίδα 216 - The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview.
Σελίδα 178 - For any claim for the rent of land or other claim for which a suit may no_w be brought before a Revenue Officer, unless, as regards arrears of rent for which such suit may be brought, the Judge of the Court of Small Causes shall have been expressly invested by the Local Government with jurisdiction over claims to such arrears.

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