Results.
5 judgments found.
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| April 2014 |
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Medical retirement benefits are actuarially reduced; normal-retirement-only benefits do not apply, and defendant recovers overpayment.
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Pension scheme — medical (early) retirement — Rule 6(a) requires actuarial reduction of Rule 5(a) benefits — Rule 5(d) and Collective Agreement benefits apply to normal retirement (55 years) only — entitlement to additional pension depends on evidence of extra contributions — successful counterclaim for overpayment
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24 April 2014 |
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Parental testimony corroborated by school records can prove prosecutrix’s age; MRI evidence is not mandatory.
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Criminal law — Defilement — Proof of prosecutrix’s age — Parental viva voce evidence may conclusively establish age — Documentary records (birth certificate/Under-5 card) are secondary — MRI/medical age assessment not mandatory
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24 April 2014 |
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Landlord entitled to vacant possession and distraint for unpaid rent where tenant breached lease and failed to appear after proper service.
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Rent law — sections 13(1)(a) and 14 Rent Act — breach of lease for unpaid rent — entitlement to vacant possession — leave to distrain for recovery of rent — effect of proper service and party’s absence at hearing
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21 April 2014 |
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Directors may sue to challenge a debenture; interim injunction confirmed pending trial where debenture's validity is in dispute.
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Receivership — locus standi exceptions where directors may challenge validity of security; Debenture validity — alleged want of consideration; Interlocutory injunction — American Cyanamid test; balance of convenience favors preserving status quo
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2 April 2014 |
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Employer vicariously liable for employee’s negligent driving; insurer excluded where driver was unlicensed; damages awarded (mostly unassessed).
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Road traffic negligence — driver lost control and crossed dividing pavement — statutory duty to keep left (Road Traffic Act ss.173,174) — employer vicarious liability — insurer excluded by policy where driver unlicensed — special damages require strict proof
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1 April 2014 |