CiteTEXT
...decision on the Le Mesurier doctrine that domicile of the spouses affords the only true test of jurisdiction. In order to bring out the real point in controversy, we would prefer to frame the question for...decision in Indyka broadened the prevalent rules for recognition of foreign decree and though a new look at the Le Mesurier doctrine was imperative in a changed world, it is not easy on a reading of the...this view, the Le Mesurier doctrine on which the High Court drew loses its relevance. The Privy Council held in that case that “the domicile for the time being of the married pair affords the only...
...affords the only true test of jurisdiction to dissolve their marriage. The Apex Court opined that since the decision rested on Le Mesurier Doctrine, the real point in controversy was not answered and...find jurisdiction and had procured a decree of divorce on a misrepresentation that he was domiciled in Nevada and therefore, concluded that the Le Mesurier doctrine, on which the High Court drew...Le Mesurier v. Le Mesurier and other cases, which had followed the same, wherein it was held that according to the International Law, the domicile for...
....46. In this view, the Le Mesurier doctrine on which the High Court drew loses its relevance. The Privy Council held in that case that “the domicile for the time being of the married pair affords...
...rules of our private international law. Even though the supreme court considered the question of domicile in the last line of paragraph 48 it was observed that even applying the le mesurier doctrine the...principles enunciated in le mesurier v. Le mesurier 1895 appeal cases 517 and other english decisions were relied on. The supreme court observed that the said finding was the corner - stone of the judgment...
...to be grounded on fact. Niboyet v. Niboyet which forms its chief support was decided in 1878, and as was pointed out in Le Mesurier v. Le Mesurier it c.... This decision must however be held to have been incorrect in view of the decision of the Privy Council in
Le Mesurier v. Le Mesurier [
1895]...be refuted by referring to the following passage in the judgment of the Privy Council in Le Mesurier v. Le Mesurier when dealing with the...
..., but I do not thick that is so here. Ghose, J., in Le Mesurier v. Wajid Hossain (1902) I.L.R. 29 Cale. 890, seems to hold himself constrained by the form in which the...view after a more elaborate consideration in Le Mesurier v. Wajid Hossain (1902) I.L.R. 29 Calc. 890, in Full Bench, Ghose, J., dissenting. In In re...other reasonable cause" in Clause (f) should not be given a restricted interpretation confining it to professional misconduct on the doctrine of ejusdem generis. The Calcutta Court; reaffirmed its...
...con-fining it to professional misconduct on the doctrine of ejusdem generis. The Calcutta Court reaffirmed its view after a mor (elaborate consideration in Le Mesurier v. Wajid Hussain...myself the question whether there is sufficient reason for a departure from this trend of authority. The elaborate Judgment of Mr. Justice Hill in the Full Bench case of Le Mesurier v. Wajid...per Lord Halslury in Yotrady fodnig and Pontypriad Main Sewerage Board v. Bensted (1907) A.C. at 268 but I do not think that is so here. Ghose J., in Le...
...interpretation confining it to professional misconduct on the doctrine of ejusdem generis. The Calcutta Court re-affirmed its view after a more elaborate consideration in le Mesurier v Wajid Hossain 29 C. 890...Hill in the Full Bench case Le Mesurier v. Wajid. Honsain 29 C. 890 covers nearly the whole ground of the reasoning which mast determine the conclusion. I do not, therefere, think it is...of professional duty for special condemnation. The doctrine of ejusdem generis, which has been invoked for the limited interpretation of Clause (f), is not of universal application. Hardcastle on...
...Le Mesurier v. Le Mesurier(11), the decision in Keyes v. Keyes ought to be followed in the present case, and the Indian Divorce Act construed subject ...Le Mesurier v. Le Mesurier were material in determining whether, upon the true construction of the Indian Councils Act, 1861...Le Mesurier v. Le Mesurier, that there was during that period no clear and definite rule that was consistently followed by the Courts in England. In B...
...to reason as to why it should also not articulate and evolve the doctrine of LE for judicial review of resilement of administrative authorities from policies and longstanding practices. If such a...Indian Law and the doctrine of legitimate expectationsH.6 Expectations breached by the State of JharkhandH.7 The technical defences to the...representation held out in the Industrial Policy 2012, and that the denial of the exemption by the State government for FYs 2011-12, 2012-13 and 2013-14 was contrary to the doctrine of promissory estoppel...
...of her marriage.18. She also seeks the custody of her child.19. In the case of Le Mesurier v. Le Mesurier...according to the rules of international law, its decree should be respected by the tribunals of every civilized country [Le Mesurier v. Le...Mesurier]. In such a case the decree is useful and will put a stop to the dispute between the parties.54. Where the Court of a country in which the spouses are domiciled is bound by the...
...influenced the decisions in Le Mesurier v. Le Mesurier (1929) 46 TLR 203 and Boettcher v. Boettcher. These...
...Council in the case of Le Mesurier v. Le Mesurier wherein their Lordships remarked at page 536 as follows:“When carefully...
...following the decision in — ‘Le Mesurier v. Le Mesurier’, (1895) AC 517 (B), it has been laid down that it is established...
...VI MOORE, 116 LOGAN ‘U. LE MESURIER [1847]
of opinion that no sufficient grounds have been stated to enable them to allow the
appeal, and they...~; IlENRP LE MESURIER,
IIAVILBND LE MESURTER, ROIJTIX, and TiVILLIAM HENRY TILSTOP\’E,---
Responden&* [Dee. 6 and 7, lS4?].
Messrs. E. L. and...-
delivery of timber.
The contract was as follows:-“ Hart Logan and Go. of kTontrea1, s d , and Le
Mesurier, Routh, and Co., of the same place, buy, a...
...Report on the Landed Tenures of Bombay, pages 60 and 61. Thereafter, the Company had the matter further investigated, and there were reports on the subject by Warden in 1814 and Le Mesurier in 1843. And...Landed Tenures in Bombay and Le Mesurier's Report on the Foras lands, that during the 18th Century the East India Company started
(1) (1937) L.R. 64 I.A...
...Council in Le Mesurier v. Le Mesurier, 1895 AC 517 it is stated...will or in the absence of any voluntary act on her part to submit to the jurisdiction of the foreign court. Undoubtedly, the doctrine that the domicile of the wife follows that of the husband, does...1927 AC 641, in the following terms:-
"In the judgment in
1895 AC 517 the modern doctrine of domicile as the true...
...leading decision of the Privy Council in 1895 in Le Mesurier v. Le Mesurier (1895 Appeal Cases 517) was firmly...British subject, nationality of the parties being never relevant. In Le Mesurier (supra), which, though a case from Cylone, was all along treated to have laid down the law for England. Lord Watson...
...domiciled within the jurisdiction of the Court at the time when the proceedings are commenced. The leading case on this point is that of Le Mesurier...v. Le Mesurier in which the Judicial Committee of the Privy Council came to the following conclusion (at p. 450):—“Their Lordships have in these eireumstances, and upon these...Le Mesurier v. Le Mesurier was followed by Sir Henry Duke in the case of Keyes v. Keyes. In that case it was contended that the Courts in India were e...
.... 152 = 63 l. T. 250 and le mesurier vs. Le mesurier (9) (1929) 46 t. Lr. 203 = 142 l. T. 496 which turned uoon the prohibition for remarriage for six months after the decree...that chichester's case (6) was also cited at the bar. The second case in le mesurier (9) also turned upon sec. 57 of the indian divorce act, 1857 and lord merrivale held that the remarriage within six...