The Reports of Cases Decided by the Supreme Court of Ceylon: The Court of Vice Admiralty of Ceylon, and His Majesty's Privy Council on Appeals from Ceylon, Volume 1Times of Ceylon Press, 1904 |
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Common terms and phrases
1st defendant 2nd defendant accused Ana Runa appeal application Attorney-General Balapitiya behalf cause of action Ceylon Chetty cited Civil Procedure Code claim Colombo Commissioner Corporation costs Counsel Criminal Procedure Code damages deceased decree deed deficiency of stamp Deputy Fiscal District Court District Judge English Law entitled evidence executor facts favour filing GRENIER heirs held husband immovable property intestate issue judgment jurisdiction LAYARD letters of administration liable matter mesne profits Middleton MONCREIFF mortgage Municipal Council Municipal Fund oath or affirmation offence opinion Ordinance Partition Ordinance party Pereira person plaint plaintiff Police Court Police Magistrate possession proceedings promissory note provisions purchase question rate-payer recover regard Respondent Roman Dutch Law Roman-Dutch Roman-Dutch Law SAMPAYO section 13 section 420 section 547 share Silva sold stamp duty sued suit Supreme Court tacit hypothec tax-payers Tesawalamai tion trial tried summarily trust vendor Voet WENDT wife writ
Popular passages
Page 197 - It is perfectly settled that where the contract which the plaintiff seeks to enforce, be it express or implied, is expressly or by implication forbidden by the common or statute law, no court will lend its assistance to give it effect.
Page 7 - I apprehend there is no distinction whatever between the law of Scotland and the law of England. The law must be the same in all countries where law has been considered as a science. The professional adviser has never been supposed to guarantee the soundness of his advice.
Page 170 - For these reasons their Lordships will humbly advise His Majesty that the appeal ought to be dismissed with costs to the respondents.
Page 7 - Every person who enters into a learned profession undertakes to bring to the exercise of it a reasonable degree of care and skill.
Page 47 - Documents are said to be in proper custody if they are in the place in which, and under the care of the person with whom, they would naturally be ; but no custody is improper if it is proved to have had a legitimate origin, or if the circumstances of the particular case are such as to render such an origin probable.
Page 119 - It is a well-established rule of law that where a contract, not under seal, is made with an agent, in his own name, for an undisclosed principal, either the agent or the principal may sue upon it, the defendant, in the latter case, being entitled to be placed in the same situation, at the time of the disclosure of the real principal, as if the agent had been the contracting party.
Page 118 - On the other hand, if at the time of the sale the seller knows not only that the person who is nominally dealing with him is not principal, but agent, and also knows who the principal really is, and, notwithstanding all that knowledge, chooses to make the agent his debtor, dealing with him, and him alone...
Page 86 - Now, I am very far from thinking that this Court has not power to interfere with public bodies in the exercise of powers which are conferred on them by act of parliament I take it that it would be within the power and the duty of this Court so to interfere in cases where there is not a...
Page 168 - In general when the law is altered during the pendency of an action the rights of the parties are decided according to the law as it existed when the action was begun, unless the new statute shows a clear intention to vary such rights.
Page 118 - East, 62, the seller cannot afterwards, on the failure of the agent, turn round and charge the principal, having once made his election at the time when he had the power of choosing between the one and the other.