Dodd and Others v Minister for Fisheries

JurisdictionIreland
Judgment Date24 November 1934
Date24 November 1934
Docket Number(1933. No. 3546.)
CourtHigh Court (Irish Free State)
[Special Ct., I.F.S.]
Dodd and Others
and
Minister for Fisheries

Restriction on close season - Improvement of the fishery -Proposed change injurious to net fishing - Special Court under Fisheries Act, 1925 - Procedure -Jurisdiction - Fisheries (Ir.) Act, 1842 (5 6 Vict. c. 106), ss. 33, 34, 35, 91 and 92 - Salmon Fishery (Ir.) Act, 1863 (26 27 Vict. c. 114), s. 20 - Fisheries Close Season (Ir.) Act, 1895 (58 59 Vict. c. 29), ss. 1, 2 and 3 - Agriculture and Technical Instruction (Ir). Act, 1899 (62 63 Vict. c. 50), s. 2 (1) (i); s. 3 (1) (2) and (3) -Fisheries (Ir.) Act, 1909 (9 Ed. 7, c. 25), s. 1(1) -Fisheries Act, 1925 (No. 32 of 1925) s. 28 (1) and(4) - Rules of the High Court and Supreme Court, 1926, Or. XXVII, rr. 1 and 2.

On the 3rd May, 1933, an Inquiry was held at Killarney by two Inspectors of Fisheries with a view to imposing further restrictions upon net fishing for salmon in the Lakes and in the River Laune. On 15th September, 1933, the Minister for Fisheries promulgated a bye-law ("The River Laune Close Season Bye-law No. C.S. 88, 1933") extending the annual close season by one month in the River Laune, its lakes and tributaries. The bye-law did not apply to fishing by single rod and line. The appellants, who were the owners of a several fishery in the River Laune, appealed against the bye-law under the provisions of s. 28 (4) of the Fisheries Act, 1925 (No. 32 of 1925), to a Court constituted as specified in that sub-section. At the hearing of the appeal privilege was claimed on behalf of the Minister for Fisheries for the report made by the Inspectors who had held the Inquiry, so that the evidence given before them was not available to the...

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9 cases
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    • Ireland
    • High Court
    • 18 March 1999
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    • Ireland
    • High Court
    • 24 June 2004
    ...the courts and that to suggest otherwise would create an inherent contradiction within the planning code. Dodd v. Minister for Fisheries [1934] I.R. 291;Dunne v. Minister for Fisheries[1984] I.R. 230;Esat Digifone Ltd. v. South Dublin County Council [2002] 3 I.R. 585 followed.Orange Ltd. v.......
  • Orange Ltd v Director of Telecoms (No 2)
    • Ireland
    • Supreme Court
    • 18 May 2000
    ... ... are equal/v responsible for this, let us be clear about it, the others did not stand up against him in this decision which was manifestly wrong ... ), a licence shall be subject to such terms and conditions as the Minister may determine and specify in the licence (f) ... ...
  • Adegbuyi v Minister for Justice and Law Reform
    • Ireland
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    • 1 November 2012
    ...1.3.2012 2012 IEHC 149 REFUGEE ACT 1996 S21(H) DIR 83/2004 REFUGEE ACT 1996 S21(3) REFUGEE ACT 1996 S21(4) DODD v MIN FOR FISHERIES 1934 IR 291 DUNNE v MIN FOR FISHERIES 1984 IR 230 BALKAN TOURS LTD v MIN FOR COMMUNICATIONS 1988 ILRM 101 ORANGE COMMUNICATIONS LTD v DIRECTOR OF TELECOMMUNI......
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