Results.
108 judgments found.
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| February 2001 |
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An innocent purchaser for value without notice cannot be deprived of title; compensation is the appropriate alternative remedy.
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Land law — innocent purchaser for value — specific performance — equities and notice — sale by tender — adequacy of compensation as alternative remedy
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12 February 2001 |
| January 2001 |
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Appellate court reduced a seven-year infanticide sentence to three years due to mitigating circumstances and dependents.
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Criminal law — Infanticide — Sentence — appellate interference with sentence — mitigation: first offender status, dependent children, single parenthood — balance between seriousness and personal circumstances.
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23 January 2001 |
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A sitting tenant who is not an employee cannot claim sale rights under an employee-only house-sale scheme without an offer or agreement.
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Property law — sale schemes for employees — entitlement of sitting tenant who is not an employee — absence of informal agreement or offer — specific performance and declaratory relief.
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18 January 2001 |
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Whether a single Supreme Court judge can decide injunctions under Section 4 and whether a High Court refusal without reasons was reviewable.
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Civil procedure — Interlocutory injunctions — Jurisdiction of single judge under Section 4 Supreme Court Act — Requirement to give reasons for refusal of injunction — Registered designs — Effect of discontinuance premised on invalid interim order.
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18 January 2001 |
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Whether a mortgage deed clause permitted charging compound interest; court held it did and allowed the appeal.
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Civil law — Mortgage deed — Interpretation of Clause 2 — Whether provision permits charging compound interest — Contractual interest and appellate review
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17 January 2001 |
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Whether a single Supreme Court judge may grant interim injunctions and whether registration justifies interim protection.
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Civil procedure — Interim/interlocutory injunctions — Powers of a single Supreme Court judge under s.4 of the Supreme Court Act — Registered Design Act (s.14) — balance of convenience — prevention of irreparable harm
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17 January 2001 |
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Tenant's claim for specific performance failed where no offer or agreement existed and the sale scheme excluded non‑employees.
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Contract Law
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Sale — Existence of contract and specific performance — Requirement of an offer or clear conduct indicating sale
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Vendor's internal sale scheme — Eligibility limited to employees; mere tenancy insufficient
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17 January 2001 |
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Conviction for obtaining money by false pretences quashed where elements were not proved and intended recipient suffered no loss.
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Criminal law — Obtaining money by false pretences — Elements of false pretences not proved — Actual recipient suffered no loss — Acquittal on theft not appealed — Conviction quashed.
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9 January 2001 |