The New Procedure of the Civil Courts of British India: Not Established by Royal Charter

Lepage, 1860 - 370 páginas

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Página 34 - 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.
Página xlii - ... whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the court or judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.
Página 264 - Children under ten years of age, who appear incapable of receiving just impressions of the facts respecting which they are ex-amined, or of relating them truly.
Página v - 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.
Página 24 - Peace, Collector, or other person acting judicially, shall be liable to be sued in any Civil Court, for any act done or ordered to be done by him, in the discharge of his judicial duty, whether or not within the limits of his jurisdiction ; provided that he at the time in good faith believed himself to have jurisdiction to do or order the act complained of...
Página li - Court to give evidence and to produce any document then and there in his actual possession or in his power, in the same manner and subject to the same rules as if he had been...
Página 371 - Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action l ; but a plaintiff may relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court 2.
Página cvii - Court or from the •dictation of such presiding officer in the language of the Court, or in English ; and shall contain the point or points for determination, the decision thereon and the reasons for the decision ; and shall be dated and signed by the presiding officer in open Court at the time of pronouncing it...
Página 265 - A witness is allowed to refresh his memory respecting a fact, by anything written by himself, or under his direction, at the time when the fact occurred, or immediately thereafter, or at any other time when the fact was fresh in his memory, and he knew that the same was correctly stated in the writing.
Página lxiv - Court is required, whether by the delivery of property specifically decreed, by the arrest and imprisonment of the person named in the application, or by the attachment of his property, or otherwise as the nature of the relief sought may require.

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