 | 1875 - 610 pàgines
...the power thereby conferred would be objectionable, the words of the sections being : — " No suit shall be open to objection on the ground that a merely declaratory decree or order is sought thereby, and it shall be lawful for the Civil Courts to make binding declarations... | |
 | William Macpherson, Herbert Cowell, Arthur Maynard Talbot - 1875 - 320 pàgines
...view such a suit is not maintainable. RAJAH Sect. 15 of Act VIII. of 1859 is in these words : "No suit shall be open to objection on the ground that a merely declaratory «• decree or order is sought thereby, and it shall be lawful for the BATTACivil Court to make binding... | |
 | William Leggo - 1876 - 1110 pàgines
...consequential relief;3 but now no suit is open to objection on the ground that a mere declaratory decree is sought thereby ; and the Court may make binding declarations of right without granting consequential relief.4 It seems, however, that the cases in which declarations of... | |
 | Augustine Robert Whiteway - 1883 - 904 pàgines
...be stayed or dismissed, or judgment to be entered accordingly, as may be just. Cf. 0. 19, r. 27. *5. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, anil the Court may make binding declarations of right, whether any consequential... | |
 | Sydney Peel - 1883 - 378 pàgines
...objection on the ground Declaratory . decree. that a merely declaratory judgment or order is sought, but the Court may make binding declarations of right, whether any consequential relief is claimed or not. (J) The power to stay or dis- is new. miss frivolous or vexatious actions CHAPTER XXI.... | |
 | Frank Rowley Parker - 1883 - 478 pàgines
...could be claimed, or not, 0. 25, r. 5. Declaratory Judgment or OrderAction or proceeding shall not be open to objection on the ground that a merely declaratory judgment or order is sought, 0. 25, r. 5. Decree — Included in the word judgment, § 100. See JUDGMENT —... | |
 | John Cunningham (barrister-at-law.), Sir Miles Walker Mattinson - 1884 - 848 pàgines
...dismissed, or judgment to be entered accordingly, as may be just ; " but it is provided by the next rule. " No action or proceeding shall be open to objection on the ground that a merely declaratory judgment ororder is sought thereby, and the Court may make binding declarations of right whether any consequential... | |
 | Nova Scotia - 1884 - 794 pàgines
...action to be stayed or dismissed, or judgment to be entered accordingly, as may be just. (E. 288.) 5. No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential... | |
 | 1884 - 776 pàgines
...that no suit shall lie in which a merely declaratory order or decree is sought, but that " no suit shall be open, to objection, on the ground that a merely declaratory order or decree is sought thereby ;" and I do not think it was the intention of the Legislature to... | |
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No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not. 
