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Reports of Cases Decided in the High Court of Madras Volume 2

Reports of Cases Decided in the High Court of Madras Volume 2


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1866 edition. Excerpt: ...the public and the science of law. It may however well be that a Court ought, where its decision is subject to appeal, to follow even against its own judgment the decision of a co-ordinate Court. The reasons for the course taken in all the instances quoted by Mr. Mayne will show that they have no resemblance to the present. The review now made, unfortunately at great but we trust not at inordinate length, will show that the Advocate General in his forcible and able appeal is scarcely well founded as to the mass of judicial authority which he supposed to exist in favor of the adoption. In the administration of Hindu Law we are, it seems to us, peculiarly bound to look at the reason of the law and the analogies derivable, not from other systems or modes of thought, but from such as we find in the system itself. In this respect we are only following the course observable in the administration of all systems of positive law. We are not at liberty as judges to manufacture principles of law anomalous because inconsistent with those of the system into which we seek to introduce them, but we are bound to apply to new cases or circumstances existing principles, and to push them to their natural because logically derivable conclusions. It may be, indeed, that the principle so to be applied is itself an anomaly, inconsistent with the general body of the law but too firmly fixed by judicial decision to be now disturbed. Where this is so a Court may properly refuse to push it any further, but only because the extension is forbidden by other principles with which the anomaly is in conflict. The authorities on Hindu Law lie before us as various strata before the geologist, widely differing in age although in close proximity. In the earliest of these...


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Product Details
  • ISBN-13: 9781130526516
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 174
  • Spine Width: 9 mm
  • Width: 189 mm
  • ISBN-10: 1130526518
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 322 gr


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