Results.
21 judgments found.
|
|
|
| December 1971 |
|
|
Assault occasioning actual bodily harm need not be pleaded as "unlawful"; medical proof required only if injury is contested.
-
Criminal law — Charge — Assault occasioning actual bodily harm — No need to allege "unlawful"; Medical evidence — Required only when injury is disputed by the defence.
|
31 December 1971 |
| November 1971 |
|
|
Validity of shareholder signed resolutions without a meeting and of director's removal where director lacked notice of board meeting.
-
Company law — Shareholders' written resolutions — In a private company, a signed written resolution by shareholders is invalid absent an express article authorising written resolutions in lieu of a meeting; Directors' meetings — Notice to directors essential — failure to give notice to an entitled director invalidates proceedings; Employment — Dismissal following invalid board action violates natural justice and is ineffective.
|
30 November 1971 |
|
Court refused liquidator's bid to seize all company property, protecting debenture holder's security while allowing limited document delivery.
-
Companies — Winding up — Official liquidator's powers under r.77 and court's powers under s.154 — Formalities of notice — Receiver's prima facie entitlement under debenture — Court discretion to protect security; delivery of documents versus delivery of entire property.
|
29 November 1971 |
|
Whether a kitchen used for sleeping constitutes a "dwelling-house" for burglary; court affirms residence test and upholds conviction.
-
Criminal law — Burglary with intent — Meaning of "dwelling-house" — "Residence" denotes where one eats, drinks and sleeps — Separate building used for sleeping can be a dwelling-house — Identification and sentence validated.
|
5 November 1971 |
| October 1971 |
|
|
Irregular (Sunday) service does not bar a defendant from entering appearance and recovering reasonably incurred costs.
-
Costs — Irregular service (Sunday) — High Court Rules O.8 r.9 and Sunday Observance Act 1677 — Defendant entitled to enter appearance to safeguard interests — Plaintiff liable for costs incurred before discontinuance.
|
12 October 1971 |
| September 1971 |
|
|
Mere residency where stolen goods are found does not establish possession for conviction under the doctrine of recent possession.
-
Criminal law — doctrine of recent possession — whether residency with an occupier from whose house stolen property is recovered establishes possession — mere cohabitation insufficient to ground conviction.
|
24 September 1971 |
|
Voluntary desistance is not a defence to attempted rape; independent distress and medical evidence may corroborate the complainant.
-
Criminal law — Attempted rape — definition of attempt (s. 351 Penal Code) — voluntary desistance not a defence but mitigating — corroboration by independent evidence of distress and medical findings.
|
23 September 1971 |
|
Denial of counsel and refusal to call a defence witness deprived the appellant of a fair trial; conviction quashed and retrial ordered.
-
Criminal law — Right to legal representation; refusal to admit defence witness; fairness of trial; conviction quashed and retrial ordered.
|
10 September 1971 |
|
An attempted-theft conviction may stand despite evidence of completed theft when the trial court acquitted on the full offence.
-
Criminal law — Theft — Conviction for attempt upheld despite evidence of completed theft where magistrate acquitted on full charge; appellate substitution impermissible; attempt merges but may be separated after acquittal — Rogers v Arnott distinguished.
|
3 September 1971 |
| August 1971 |
|
|
Failure to hold a trial within a trial for an allegedly involuntary confession rendered the conviction unsafe; conviction quashed.
-
Criminal procedure — confession — voluntariness — trial within a trial required when involuntariness is raised — applies to verbal and written confessions; wrongful admission may be cured if accused's evidence is tested (Mambalino); misdirection on accomplice status can render conviction unsafe.
|
30 August 1971 |
|
An appellate court cannot convict of a lesser offence absent a plea or the magistrate’s consideration of that plea.
-
Criminal law — Plea and conviction — Whether appellate court may substitute conviction for a lesser offence where no plea to lesser offence was made below — Appellate substitution improper absent magistrate’s consideration; Roads and Road Traffic Ordinance s.236(3).
|
27 August 1971 |
|
Whether mens rea or honest mistake can excuse contravening exchange control regulations (held: no).
-
Criminal law — Mens rea — Exchange control contravention under reg. 9 and s. 6(a) — Statute interpreted as excluding mens rea (strict liability) — Mistake of fact (s.11 Penal Code) unavailable where offence is absolute — Revenue protection rationale.
|
13 August 1971 |
| July 1971 |
|
|
|
31 July 1971 |
|
Dissolution requires both irretrievable breakdown and a statutory fact; unreasonable behaviour is assessed objectively.
-
Divorce Reform Act 1969 ss.1, 2(1)(b), 2(3) — twofold requirement for dissolution (irretrievable breakdown and statutory fact) — onus allocation — unreasonable behaviour assessed by objective test considering parties' characters and marriage history — custody: best interests of children; keeping siblings together.
|
31 July 1971 |
| June 1971 |
|
|
A defendant’s false report to police may constitute false imprisonment and malicious prosecution if it causes damage.
-
Tort — False imprisonment and malicious prosecution — Distinction and respective onuses; complaint to police may constitute prosecution if it sets criminal law in motion and causes damage; application of Mohamed Amin v Jogendra Kumar Bannerjee.
|
25 June 1971 |
|
Sections prescribing subordinate‑court forum in Rent Control Act do not oust the High Court's constitutional jurisdiction.
-
Rent control — definition of 'court' — ss.2 and 4(2)(a) Rent Control (Temporary Provisions) Act 1968 — whether oust High Court jurisdiction under Constitution s.98(1) — held not ultra vires; forum prescription, not jurisdictional ouster; transfer to Subordinate Court of the First Class where appropriate.
|
23 June 1971 |
| April 1971 |
|
|
Conviction under s.168(2) invalid where the substituted offence is not cognate to the original charge.
-
Criminal procedure — s.168(2) Criminal Procedure Code — conviction of lesser offence — "minor offence" must carry lesser penalty and be cognate to original charge — common assault not cognate to unlawful assembly.
|
30 April 1971 |
|
The High Court cannot review or quash the National Assembly's internal disciplinary proceedings; remedies lie within parliamentary procedures.
-
Constitutional law — Separation of powers — Judicial non-intervention in Parliament's exclusive jurisdiction over its internal proceedings; distinction from cases involving statutory duties performed outside parliamentary proceedings.
|
14 April 1971 |
| March 1971 |
|
|
Whether sale profits were taxable depends on the taxpayer's intention when capital was first committed and the Board's factual finding.
-
Income tax — Adventure in the nature of trade — Intention at time of committing capital — Onus on taxpayer to prove change of intention — Appellate review limited: Tax Review Board findings of fact final unless unreasonable or unsupported by evidence.
|
3 March 1971 |
| January 1971 |
|
|
An appellate court will not disturb a sentence unless it is manifestly excessive, bearing in mind the whole course of conduct and any misdirection must cause injustice.
-
Criminal law — Appeal against sentence — Powers of appellate court to interfere; misdirection; manifestly excessive sentence; sentencing for multiple offences — consideration of whole course of conduct; necessity to record offences taken into consideration.
|
29 January 1971 |
|
An intending purchaser cannot validly give notice to quit a tenant before completion of the purchase; such notice is invalid.
-
Landlord and tenant — Purchaser under contract of sale — Whether intending purchaser may give notice to quit before completion — Rights in personam vs rights in rem — Premature notice invalid — No mesne profits.
|
26 January 1971 |