cover image: The Calcutta Law Journal. March 16  1913

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The Calcutta Law Journal. March 16 1913

1913

Of the three the law of Sweden is the most conservative the law of Denmark the most liberal—in fact the most liberal of all the countries of Europe. [...] The reason for the delay was in part the unwillingness to open already cramped treasuries to unlimited iroads and the inability of lower and upper houses of legislatures to agree upon the proper limitations of the right while not by any means the least obstacle was the bitter disagreement between jurists as to whether the indemnity was to be considered an act of grace and equity op the part of [...] To this the answer has been made that while the individual in modern public law must bear the burdens of citizenship without compensation this applies only to the general burderets borne by all the citizens as a whole and not to special sacrifices asked from the individual in the interests of the entire community. [...] In Germany however before the action lies the Court acquitting the accused on retrial must simultaneously with the judgment of acquittal issue a decree to the effect that an indemnity in the case is warranted by the facts which decree is a condition precedent to the right of action. [...] It is explained by the committee report on the French law that the indemnity was left discrtionary with the Judge for the reason that it was considered best instead of making the relief compulsory and specifying the conditions which limited the right to prescribe no conditions leaving the Judge to determine in each case the effect to be given to the concrete circumstances in limiting the pro
law
Pages
8
Published in
India
SARF Document ID
sarf.120108
Segment Pages Author Actions
The Calcutta Law Journal. March 16 1913
31-38 unknown view

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