cover image: The Criminal Law Journal of India  Journal  December 15  1907

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The Criminal Law Journal of India Journal December 15 1907

1907

B. It has been a long standing complaint with regard to the Law School the students of which I have now the honour of addressing that nearly all of those who attend it do so not for the purpose of closely following the lectures delivered by the Professors and benefitting from them but only with the object of putting in the terms required by the University for enabling them to appear for the exa [...] Whenever two such conflicting principles have weight under a paticular set of circumstances before the court it becomes necessary for the judge in determining the legal rights and duties of the parties before him to solve the conflict to the extent to which the principles are involved in the circumstances of that case. [...] The plaintiffs complain that the defendants have crossed the line which the common law permits; and inasmuch as for the purposes of the present case we are to ass-ame some possible damage to the plaintiffs the real question to be decided is whether on such an assumption the defendants in the conduct of their commercial affairs have done anything that is unjustifiable in law." The conflicting pri [...] They point to the fact that there is of necessity a gap between the time when the cause of action arises and the time when the court's decision is rendeed and any that if the court which decides the case makes the law which governs it then the act which forms the basis of the cause of action is not.governed by existing law fixing the legal relationship of the parties at the time of its comm [...] The errors which these fictions have introduced have had one impotant practical effect in that they have caused the Supreme Court of the united States in the decisions to which we have before alluded in effect to neglect the decisions of the state courts on the ground that they wrongly interpreted the law in cases where as a court of the United States it was bound by the Judiciary Act of 1
law
Pages
18
Published in
India
SARF Document ID
sarf.120178
Segment Pages Author Actions
The Criminal Law Journal of India Journal December 15 1907
129-146 S. D. Chaudhri view

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