Cork County Council and Burke v Commissioners of Public Works and Others
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 02 March 1945 |
| Date | 02 March 1945 |
(S.C.),
Cork County Council and Burke
and
Commissioners of Public Works and Others
- Small dwellings - Formerly the property of the Crown - Crown property transferred to State - Prerogative - Crown not liable for rates - Crown not bound by statute unless by express words or necessary implication - Meaning of "necessary implication" - Whether State entitled to similar rights - Claim for rates by local authority - Constitution of the Irish Free State, Arts.12, 51, 73 and 80 - Constitution of 1937, Arts. 6, 10, clauses 1 and 2, Art. 49 - Increase of Rent and Mortgage Interest (Restrictions) Act, 1923, s. 4, sub-s. 1 (e) s. 16 - Local...
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10 cases
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Howard v Commissioners of Public Works
...an exemption in favour of State authorities from the provisions of section 24. Cork County Council v. Commissioners of Public Works [1945] I.R. 561 and Byrne v. Ireland [1972] I.R. 241 considered. 11. That the words of s. 84 of the Act of 1963 were clear and unambiguous, and did not, in req......
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Health Service Executive (HSE) v Commissioners for Valuation
...IR 241 COMMISSIONERS OF PUBLIC WORKS v KAVANAGH 1962 IR 216 LANDLORD & TENANT ACT 1931 CORK CO COUNCIL & BOURKE v OFFICE OF PUBLIC WORKS 1945 IR 561 HOGAN & MORGAN ADMINISTRATIVE LAW IN IRELAND 3ED 1998 113 HEALTH ACT 1970 HEALTH ACT 2004 SCHED 3 HEALTH ACT 2004 S6(1) HEALTH ACT 2004 S6(2)......
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Byrne v Ireland
...2 K.B. 781. 29 [1947] K.B. 91. 30 [1931] I.R. 558. 31 [1958] I.R. 1. 32 [1965] I.R. 642. 33 [1926] I.R. 202. 34 [1939] I.R. 306. 35 [1945] I.R. 561. 36 [1955] I.R. 176. 37 (1949) 337 U.S. 682. 38 (1939) 305 U.S. 382. 39 (1947) 330 U.S. 446. 40 (1937) 300 U.S. 82. 41 [1955] I.R. 176. 42 [194......
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Byrne v Commissioners of Public Works
...15(2)(1) BENNION ON STATUTORY INTERPRETATION 1992 ED 117–119 AG V HANCOCK 1940 1 AER 32 CORK CO COUNCIL & BOURKE V OFFICE OF PUBLIC WORKS 1945 IR 561 BYRNE V IRELAND 1972 IR 241 NOLAN V MIN FOR THE ENVIRONMENT & ELECTRICITY SUPPLY BOARD (ESB) 1991 2 IR 548 BYRNE V DUBLIN CO COUNCIL 1983 ILR......
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