AI Overview...
- Judgements Digest - The sources highlight the nature and purpose of legal judgments, emphasizing that while propositions of law are established through decisions (e.g., Delhi High Court Digest, 1980; 1976), the facts of each case are crucial in applying these principles. For instance, judgments may not be directly helpful if facts differ significantly (01100015210).
- Historical Judgments - An 1846 judgment by Vice-Chancellor Knight Bruce underscores the courts' primary aim of discovering truth, illustrating the long-standing judicial philosophy (00300047773).
- Legal Principles from Recent Cases - Recent decisions, such as those involving the Dedicated Freight Corridor Corporation and others, distill legal principles from multiple judgments, suggesting a pattern of applying established legal doctrines to specific facts (01100066337).
- Digest Preparation and Use - The importance of accurate and reliable digesting of case law is noted, with distinctions made between original judgments and their summaries or head-notes, which may sometimes be conflated, affecting legal interpretation (00400033579).
- Specific Legal Topics - Various legal areas are discussed:
- Mahomedan Law - Acknowledgments under Mahomedan law have specific legal effects, as per Baillie's Digest, with particular conditions influencing their validity (00900071950).
- Customary Law - Rattigan's Digest contains statements of general custom; courts rely on such statements to determine customary practices, placing the burden on defendants to prove these customs (02300038518).
- Jurisdiction - Transfer of jurisdiction does not necessarily divest courts of authority, as evidenced by case law referencing jurisdictional principles from American and Indian sources (02100071192).
- Inheritance Laws - Under Burmese Buddhist Law, specific provisions like § 213 of U Gaungs Digest govern rights post-partition, with courts applying these rules to partition deeds (00100044900).
- Pre-emption Rights - Mahomedan law, as per Baillie's Digest, details the hierarchy of pre-emption rights, emphasizing the preference of certain types of partners in property rights (00900080245).
Analysis and Conclusion:
Judgements Digest serves as a comprehensive repository of legal principles derived from case law and statutory interpretation. It underscores the importance of factual context, the evolution of legal doctrines, and the role of digesting legal decisions for clarity and application. The sources collectively reinforce that legal judgments are grounded in established principles but require careful application to individual facts. They also highlight the significance of precise legal interpretation, especially in areas like religious law, customary law, jurisdiction, and property rights.
Search Results for "Judgements Digest"
1992 0 Supreme(Del) 205 • India - Delhi
USHA MEHRA
Ltd. etc. reported in Delhi High Court Digest, 1980 item No. 213. Sofaras proposition of law laid down in these decisions, there cannot be any quarrel. But I am afraid these judgements are of no help to the defendant No. 1. The facts of this case are totally different. ... National Insulated Cable Co of India reported in 1976, Delhi High Court Digest, page 91 item No. 64.
2019 0 Supreme(Kar) 2242 • India - Karnataka
B.A.PATIL
In 1846, in a judgment which Lord Chancellor Selborne would later describe as "one of the ablest judgements of one of the ablest judges who ever sat in this Court" Vice-Chancellor Knight Bruce said [Ed. Pearse vs. ... Pearse, (1846) 1 De G&SM 12 : 16 LJ Ch 153 : 63 ER 950 : 18 Digest (Repl.) 91, 748] (ER p. 957): "The discovery and vindication and establishment of truth are main purposes certainly of the existence of courts of justice; still, for the obtaining of these objects, which, however
2020 0 Supreme(Del) 1472 • India - Delhi
C. HARI SHANKAR
Dedicated Freight Corridor Corporation Of India Ltd,MANU/DE/1803/2020 attempted to digest and distil. 81. It remains, therefore, to apply these principles to the facts of the present case. ... These principles emerge out of a long line of decisions, which this Court has, in its recent judgements in Avantha Holdings v. Vistra ITCL India Ltd,MANU/DE/1548/2020 and CRSC Research and Design Institute v. ... Raveendran (as the Learned Judge then was) speaking for the Division Bench formulated the propositions of law which emerge from judgments....
1957 0 Supreme(Bom) 45 • India - Bombay
KOTWAL
- The head-notes in the plaintiff's Digest were not verbatim extracts from the judgments of Courts, but were prepared by the ... - The defendant's notes and head-notes were impossible to separate from the original matter in the Digest. 3. ... The defendant, the editor of the Madras Weekly Notes, published an All India Digest, 1951-55, which contained notes and head-notes ... The plaintiff also publishes Digest of Law cases and in that Digest publishes the "NUC"s in conjunction with ano....
1869 0 Supreme(Cal) 172 • India - Calcutta
Acknowledgment - Mahomedan Law - Section 403 of Baillie's Digest - Under Mahomedan law, an acknowledgment by a person that another ... --Baillie's Digest, p. 406. ... It appears to me that, according to Mahomedan law, a certain effect, subject to certain conditions, is given to a certain acknowledgment which is not given to other acknowledgments (see Baillie's Digest of Mahomedan Law, page 403).
1951 0 Supreme(P&H) 61 • India - Punjab and Haryana
HARNAM SINGH
LIMITATION ACT, 1908 - SECTION 96 OF THE CODE OF CIVIL PROCEDURE, 1908 - SECTION 100 OF THE CODE OF CIVIL PROCEDURE - RATTI GAN'S DIGEST ... Whether the statement of general custom embodied in paragraph 236 of Rattigan's Digest of Customary Law would govern the case. ... The Court held that the statement of general custom embodied in paragraph 236 of Rattigan's Digest of Customary Law would govern ... That being the statement of custom, it was for the defendants to establish that the statement of custom embodied is paragraph 236 of the #H....
2015 0 Supreme(P&H) 1427 • India - Punjab and Haryana
AMIT RAWAL
(a) Whether the impugned judgments/decree passed by the courts below without properly appreciating the evidence produced on record is sustainable in the eyes of law? ... There is no illegality, much less, perversity in the impugned judgments and decrees. No substantial question of law arises for determination in the present appeal. ... There is no merit in the appeal and the same is accordingly dismissed.
1910 0 Supreme(Mad) 351 • India - Madras
KRISHNASWAMI AIYAR, WALLIS
Finding of the Court: The Court found that the transfer of the local area did not divest the Original Court of jurisdiction ... Bank of Potamac 7 Grat 68, quoted in Cols. 1943, 1945, 2030 and 2032 of Vol. 13 of the American Digest (Country Edition; and remarks on p. 714 of Vol. II of the Encyclopaedia of Law and Procedure. ... Vylhilinga Reddi 30 M. 537 : 2 M.L.T. 466; 17 M.L.J. 417, to which one of us was a party, the Court was disposed to take the view that such a transfer would not divest the Original Court of jurisdiction over pendi....
1923 0 Supreme(SC) 57 • India - Supreme Court
SIR LAWRENCE JENKINS, LORD SHAW, LORD CARSON, SIR JOHN EDGE, AMEER ALI
Inheritance - Burmese Buddhist Law - § 213 of U Gaungs Digest - The judgment discusses the interpretation and application of § ... 213 of U Gaungs Digest of the Burmese Buddhist law, which deals with the rights of children after the partition of property between ... Nyein was a partition deed, dividing his property among his children from his first marriage, and that under § 213 of U Gaungs Digest ... The Appellate Court acted upon the rule appearing in U Gaungs Digest of Burmese Buddhist Law, vol. i., § 213, but it is n....
1871 0 Supreme(Cal) 31 • India - Calcutta
Pre-emption - Right of Pre-emption - [Chapter II, Baillie's Digest of Mahomedan Law] - The court examined the right of pre-emption ... This objection is founded on the opening words of Chapter II, on Pre-emption, in Baillie's Digest of Mahomedan Law, page 476. "A 'sharik' (or partner in the substance of a thing) is preferred to 'a khlait' (or partner in its rights, as of water or way)."
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