The Court of Appeal shall have power to draw inferences of fact, and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require." This rule gives the Court of Appeal a much larger... The Law Reports. Queen's Bench Division - Side 4481891Uten tilgangsbegrensning - Om denne boken
| 1918 - 652 sider
...Court of Appeal for British Columbia, under Order 58, rule 4, of the Supreme Court Rules, 1900, has power to draw inferences of fact and to give any judgment and make any order which ought to have been made in the trial court, and to make such further or other order as the case in appeal may require, nevertheless,... | |
| 1919 - 1016 sider
...entitled as a matter of right to another day in court. As Lord Atkinson 4 Order 58, Ride 4 provides: "The Court of Appeal shall have power to draw inferences...such further or other order as the case may require." In many English cases the court has exercised the power here given it. See Skeate t. Slaters, [1914]... | |
| 1919 - 1030 sider
...entitled as a matter of right to another day in court. As Lord Atkinson 4 Order 58, Rule 4 provides: "The Court of Appeal shall have power to draw inferences...such further or other order as the case may require." In many English cases the court has exercised the power here given it. See Skeate r. Slaters, [1914]... | |
| 1919 - 762 sider
...majority) under Order 58, r. 4 of the Judicature Act (cf. our ESO 1914, c. 56, s. 27) which provides that 1 The Court of Appeal shall have power ... to draw Inferences...such further or other order as the case may require.' the Court may give judgment for the plaintiff on a point of law, such as whether there was any evidence... | |
| 1919 - 666 sider
...rightly entered judgment ? The Court of Appeal, in the exercise of its jurisdiction, "shall have the power to draw inferences of fact and to give any judgment...such further or other order as the case may require": Order LVIIL, r. 4. It is true that to raise this point of law for the first time in the Court of Appeal... | |
| Newfoundland - 1919 - 1028 sider
...aforesaid) shall be admitted on special grounds only, and not without special leave of the Court. The Court shall have power to draw inferences of fact and to give any judgment and to mate any order which ought to have been made, and to make such further or other order as the case... | |
| William Blake Odgers, Walter Blake Odgers - 1920 - 976 sider
...accounts and inquiries to be taken or made, and generally it has power to give any judgment and muke any order which ought to have been made, and to make...such further or other order as the case may require, including any order as to costs. If there was any miscarriage of justice at the trial below, the Court... | |
| Chester E. T. Fitzgerald - 1920 - 1266 sider
...LIABILITY ACTION. Although an Appellate Court may have statutory power to draw inferences of fact anil to give any judgment and make any order which ought to have been made in the trial court, and to make such further or other order as the case in appeal may require, nevertheless,... | |
| Federated Malay States - 1921 - 814 sider
...admitted on special grounds only and not without special leave of the Court of Appeal. (ii) The Court shall have power to draw inferences of fact and to...judgment and make any order which ought to have been given or made and to make such further or other order as the case may require. (iv) The Court shall... | |
| William Blake Odgers - 1922 - 640 sider
...tried, or accounts and inquiries to be taken or made (Order XL. r. 10 , and generally it has power to give any judgment and make any order which ought...such further or other order as the case may require. (Order LVIII. r. 4. If there was any miscarriage of justice at the trial below, the Court of Appeal... | |
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