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Declaratory Decrees (Classic Reprint)




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Hersteller:Forgotten Books (Broughton, L. P. Delves)
Stand:2015-08-04 03:50:33

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Excerpt from Declaratory Decrees It is said that the people of India are a very litigious people. The assertion is apparently supported by the published reports of the decisions of the various Courts, which seem to be often occupied in determining questions of very small moment. In point of numbers, however, the civil suits that are tried in India seem to be excessively few. In the year 1867, upon the occasion of the introduction of a Stamp Act into the Legislative Council of the Viceroy, it was stated by Sir Charles Hobhouse, who had charge of the measure, that the number of suits instituted in all India during the previous year had been found to be in round numbers 800,000. A rather larger number of suits were instituted in the County Courts in England during the same period. The number of suits that are yearly instituted in the County Courts has since that date increased in some degree, in consequence of the extension of the jurisdiction of those Courts. There has been no corresponding increase of the jurisdiction of the Courts in India; they were from the first Courts of general jurisdiction. In India there is also a practice of splitting up a case into two or three. For example, a suit is numbered 10 of 1874. When the decree is passed, and the successful party applies for execution, his application is numbered afresh, and in like manner a new number is given to any application of a miscellaneous character during the progress of the suit, which is reckoned as a new suit. There seems to be no rule under which this is done; it is a practice which has prevailed without reference to the Code of Procedure. In the same way, cases are sometimes "struck off the file," and put on again. Whatever may be the object, the effect of this practice is to make the apparent exceed the real number of cases tried in India. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


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