Natal Law Reports: Cases Decided in the Natal Supreme Court, Volume 9

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Page 266 - ... as I understand the principle of all fiscal legislation, it is this: If the person sought to be taxed comes within the letter of the law, he must be taxed, however great the hardship may appear to the judicial mind to be. On the other hand, if the Crown, seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law the case might otherwise appear to be.
Page 191 - In substance, it amounts to an assertion that concerted action, thus completely ignoring the well settled doctrine that the foundation of every action of tort, apart from the question of malice, is an act wrongful and which may be qualified legally as an injury. "It is essential in tort that the act complained of be legally wrongful as regards the party complaining...
Page 263 - That acts of the highest importance, affecting the well-being of the company, the operation of its business, the realizing and disposing of its funds, are done in India, is perfectly true ; but they are all done by mere agents— whether they be directors or not — appointed under the sole authority of the governing body in this country. If a company can be said to reside anywhere — and...
Page 190 - Cranworth, after stating that an injury to give a right to compensation must be actionable, says: " I am far from admitting that there would be a right to compensation in some cases, where, if the act of parliament had not passed, there might have been, not only an indictment, but an action.
Page 141 - For time is like a fashionable host, That slightly shakes his parting guest by the hand, And with his arms outstretched, as he would fly, Grasps in the comer : welcome ever smiles, And farewell goes out sighing.
Page 145 - I am of opinion, that judgment should be entered for the plaintiff. Judgment for plaintiff.1' WHITE v, GRAND HOTEL, EASTBOURNE, Limited.
Page 213 - Lordship, therefore, considered that the judgment of the Circuit Court should be set aside, and the case remitted to the Magistrate for him to hear again, with leave to amend the summons; costs of appeal to be costs in the cause.
Page 190 - It was established by those cases "that when the legislature has sanctioned the use of a locomotive engine there is no liability for any injury caused by using it so long as every precaution is taken consistent with its use.
Page 233 - The evidence in every case must vary according to its peculiar circumstances ; but if the goods are damaged, and no reasonable explanation of the damage can be given except the negligence of the defendants, a jury are justified in finding that such negligence is proved.
Page 263 - England or elsewhere than in this very office, which can be truly called the act of the Company. That acts of the highest importance affecting the wellbeing of the Company, the operation of...

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