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Showing contexts for: parvathi v. mannar in Seethalakshmi Achi And Ors. vs V.T. Veerappa Chettiar on 3 April, 1951Matching Fragments
It is unnecessary, in our opinion, to consider in detail all the decisions as the ground is covered by Gopal Naidu v. King Emperor', 46 Mad 605, 'Balammal v. Palandi Naidu'. (1938) 2-Mad LJ 340. The principle of adopting other rules when there is no law covering the point was made possible by giving liberty to a Judge to act according to Justice, equity and good conscience. That was for the first time recognised in this Presidency by Regulation II (2) of 1802, Section 17. Section 16 of the Regulating Act, 1873 also directs that in cases enumerated in the section where there is no specific rule the court is at liberty to act according to justice, equity and good conscience. It is on this basis that the common law of England relating to torts has been applied to this country even though there is no statutory law of torts in British India. The other authorities relied on in the course of the arguments before us are: 'The Advocate General of Bengal v. Ranee Surnomoye Dos-see', 9 Moo Ind App 387 (P.C.), 'Parvathi v. Mannar', 8 Mad. 175, 'Narayana sah v. Kannamma BAP, 55 Mad. 727 and the opinion of Ilbert in 'Government of India', 1916 Edn., at page 360, where it is stated: