Results.
12 judgments found.
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| December 1985 |
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Superior officer’s false, deliberate report to protect a colleague defeats qualified privilege; libel actionable per se, award granted.
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Tort — Libel — Qualified privilege — Bona fide duty or interest — Malice extraneous to duty inferred from language and circumstances — Libel actionable per se; no proof of general damage required
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31 December 1985 |
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An agreed marriage of convenience, knowingly unconsummated, cannot be annulled absent wilful refusal or unknown incapacity.
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Family law — Marriage — Non-consummation — Marriage of convenience — Nullity requires wilful refusal or incapacity unknown at marriage — Public policy bars nullity where parties agreed not to consummate — Alternative remedy: divorce for two years' separation (consent)
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2 December 1985 |
| October 1985 |
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Detention for drug trafficking fell within public security powers; admissions by detainees do not invalidate detention.
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Constitutional law — detention without trial under Preservation of Public Security Act; interpretation of "crime" in s.2; drug trafficking (Mandrax) as threat to public security; admissions do not invalidate detention; Article 26 proportionality
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22 October 1985 |
| August 1985 |
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A subordinate court without jurisdiction cannot acquit; it must order a preliminary inquiry or discharge when committal is delayed.
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Criminal procedure — Jurisdiction — Subordinate court cannot acquit offences triable by High Court; acquittal only where evidence led or prosecution offers no evidence — Alternatives: preliminary inquiry (s.224) or discharge (s.230) where committal delayed
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29 August 1985 |
| July 1985 |
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A judge cannot be sued for delay in delivering judgment; judicial immunity preserves judicial independence.
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Judicial immunity — delay in delivering judgment — mandamus against superior courts — independence of the judiciary — no civil remedy for judicial acts or omissions
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30 July 1985 |
| June 1985 |
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Six‑month limitation under s.2(1) runs from grant of probate; long separation may justify non‑provision for surviving spouse.
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Succession — Inheritance (Family Provision) Act 1938 s.2(1) — six‑month limitation runs from grant of probate; application out of time; maintenance ordinarily by periodical payments; long separation and absence of dependency may render non‑provision reasonable.
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14 June 1985 |
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Six‑month limitation for family‑provision claims runs from grant of probate; long‑separated spouse’s claim barred and refused.
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Succession — Inheritance (Family Provision) Act 1938 — time‑limit under s.2(1) runs from grant of probate; family‑provision claims time‑barred if brought after six months; maintenance ordinarily by periodical payments; reasonableness of testamentary omission—long separation and non‑dependency
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13 June 1985 |
| May 1985 |
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A High Court judge has immunity from civil suit; delayed judgments are not remedied by suing the judge.
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Tort: judicial immunity from civil suit for acts done in judicial capacity; Constitutional law: protection of judicial independence; Reliefs: mandamus not available against superior courts; delay in judgment not remediable by suing the judge.
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31 May 1985 |
| April 1985 |
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Insanity defence requires disease producing the offending conduct; unverified medical opinion based on accused’s assertions is unreliable.
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Criminal law — Insanity defence — Disease of the mind must produce the offending conduct; burden on accused under Penal Code ss.11–12 — Medical expert opinion based on unverified statements unreliable — Malice via intent to commit felony (rape/indecent assault)
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23 April 1985 |
| March 1985 |
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Reckless shooting at a lamp during a hunt that kills another constitutes manslaughter, not excusable misadventure.
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Criminal law — Manslaughter — Reckless/negligent shooting during night hunting — Mistake of fact (s.10 Penal Code) — Inevitable accident — gross negligence versus excusable misadventure
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19 March 1985 |
| February 1985 |
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Section 13(1) requires Presidential consent for all land dealings including village houses; judicial involvement in reconciliation may create apparent bias.
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Land (Conversion of Titles) Act s.13(1) — Presidential consent required for all dealings in land, including village houses; non-compliance renders transaction void ab initio; Judicial impartiality — limits on court involvement in reconciliation lest appearance of bias; justice must be seen to be done.
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26 February 1985 |
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Sale of a village house without Presidential consent under s.13(1) is illegal and void ab initio; judicial impartiality must be preserved.
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Land (Conversion of Titles) Act s.13(1) — prior Presidential consent required for dealings in land (including village houses); failure to obtain consent renders transaction void ab initio; judicial impartiality — reconciliation efforts must not show bias
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25 February 1985 |