The English Reports, Vol. 20. Privy Council 9, Containing Moore, Indian Appeals, Volumes 11 to 14 (Classic Reprint) 12+

📙 Excerpt from The English Reports, Vol. 20: Privy Council 9, Containing Moore, Indian Appeals, Volumes 11 to 14This is an application for permission to appeal to the Privy Council against the Order of the High Court passed in the execution of a decree of the Privy Council. Notice was ordered to be issued to the opposite party to come in and show cause against this application within one month from the date of service of notice. Subsequently, both parties having appeared, and as the case involved a new point of considerable importance, it was ordered on the 26th August, 1865, to be brought-up before the miscellaneous Bench of Judges. It accordingly came before the Court (present, Justices Loch and Glover) on the 13th September, 1865. Mr. Justice Loch delivered judgment and an Order was passed by this Court on the 27th April, 1865, confirming an Order passed by the Principal Sudder Ameen in execution of a decree for a sum above Rs. And application is now made to the Court for permission to appeal to the Privy Council under section 39 of the Charter of the High Court. The words Of the Charter quoted in support of the application are from any final judgment decree, or Order of the said High Court made in appeal. The words, no doubt, are very wide: we think that they are not intended to extend the privilege of appealing to the Privy Council in miscellaneous cases, or to alter the present rules which restrict an appeal to 'judgments, decrees, or decretal Orders.' In Regulati...