Reports of Cases Argued and Determined in the Supreme Court of Ceylon: Sitting in Appeal During the Years 1882-83"Ceylon Examiner" Press, 1884 - 385 Seiten |
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Reports of Cases Argued and Determined in the Supreme Court of Ceylon ... Henry Lorenz Wendt Keine Leseprobe verfügbar - 2018 |
Häufige Begriffe und Wortgruppen
1st defendant accused action affidavit affirmed amount appeal applied arrack assault assessment assignment averred Batticaloa cent charge Cinchona claim clause collation Commissioner Common Law complainant conviction costs Court of Requests creditor Crown D. C. Colombo D. C. Kandy damages debt debtor declared decree deed defendant's District Court entitled evidence execution facts Fiscals Ordinance Gampola George Wall gift Grenier Gwatkin Held Henry Martyn hypothec Injunction insolvent instrument issued judgment July June jurisdiction jury Justice Kalutara Kandyan land libel Magistrate Martyn Matara ment mortgage moveable Negombo Niel Gow notice objection offence opinion Ordi paid party payment Perera person plain plaintiff pleaded Police possession present Present-CLARENCE proceedings Proctor promissory note prosecution purchased Pussellawa Queen's Advocate question Ratnapura recover Roman Dutch Law second defendant sect servitude sold stamp suit Supreme Court sureties tion trial vult writ
Beliebte Passagen
Seite 137 - If any person called to give evidence in any court of justice, whether in a civil or criminal proceeding, shall object to take an oath, or shall be objected to as incompetent to take an oath, such person shall, if the presiding judge is satisfied that the taking of an oath would have no binding effect on his conscience...
Seite 194 - That, when the access and use of light to and for any dwelling-house, workshop, or other building, shall have been actually enjoyed therewith for the full period of twenty years without interruption, the right thereto shall be deemed absolute and indefeasible, any local usage or custom to the contrary notwithstanding, unless it shall appear that the same was enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing.
Seite 35 - In the matter of appeal from the court of revision of the district of AB Appellant, and CD Respondent;" 10. The costs of any proceeding before the judge as aforesaid shall be paid by or apportioned between the...
Seite 117 - ... independent in judgment, as all who are to administer justice ought to be ; and it is not to be supposed beforehand, that those who are selected for the administration of justice will make an ill use of the authority vested in them. Even inferior justices, and those not of record, cannot be called in question for an error in judgment, so long as they act within the bounds of their jurisdiction.
Seite 35 - Case, where the Defendant shall appear and shall not admit the Demand, to award to the Defendant, by way of Costs and Satisfaction for his Trouble and Attendance, such Sum as the Judge in his Discretion shall think fit, and such Sum shall be recoverable from the Plaintiff by such Ways and Means as any Debt or Damage ordered to be paid by the same Court can be recovered...
Seite 140 - Court, to possess a sufficient knowledge of the nature and consequences of an oath, for there is no precise or fixed rule as to the time within which infants are excluded from giving evidence ; but their acluoissibility depends upon the sense and reason they entertain of the danger and impiety of falsehood, which is to be collected from their answers to questions propounded to them by the Court ; but if they are found incompetent to take an oath, their testimony cannot be received.
Seite 358 - We are bound," said Justice Buller in an early case in the King's Bench, " to take the act of Parliament as they have made it: a casus omissus can in no case be supplied by a court of law, for that would be to make laws...
Seite 118 - The authorities establish beyond all question this : that neither party, witness, counsel, jury nor judge can be put to answer civilly or criminally for words spoken in office...
Seite 357 - ... either in payment or as a security, or by purchase or otherwise, shall not be entitled to recover thereon, or to make the same available for any purpose whatever.
Seite 191 - Upon this section, it is material to observe, with reference to the present appeal, that the right to what is called an ancient light now depends upon positive enactment. It is matter juris positivi, and does not require, and therefore ought not to be rested on any presumption of grant, or fiction of a license having been obtained from the adjoining proprietor.