Results.
36 judgments found.
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| July 2014 |
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31 July 2014 |
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31 July 2014 |
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Claim for excessive repair costs failed for lack of receipts; quantum meruit awarded reasonably and interest from writ left to judicial discretion.
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Quantum meruit — recovery on illegal or unenforceable agreement — equitable compensation despite illegality when expenditure shown; Evidence — invoices versus receipts — receipts required to prove payment; Assessment of damages — ‘intelligent guess’ permitted on meagre or inconsistent evidence; Appellate review — interference only for perverse or unsupported findings; Pre-judgment interest — discretionary under Order 36 Rule 8; date of writ permissible.
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31 July 2014 |
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31 July 2014 |
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31 July 2014 |
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29 July 2014 |
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Appellant failed to show entitlement to an interlocutory injunction; trial judge wrongly set aside writ without hearing application.
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Interlocutory injunctions — requirements of clear right and irreparable harm; banker-customer relationship and bank's duties; disclosure of cause of action; setting aside writ for irregularity at interlocutory stage; costs follow the event
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29 July 2014 |
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29 July 2014 |
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Holding association meetings on Saturday did not, without coercion or comparative proof, breach freedom of conscience or constitute discrimination.
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Constitutional law — freedom of conscience (Article 19(1)) — meaning of "hindered" — requirement of coercion or positive act; Constitutional protection from discrimination (Article 23(2)/(3)) — comparative inquiry required — scheduling of association meetings on Sabbath not automatically discriminatory
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28 July 2014 |
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Whether repeated transfers constituted constructive dismissal and whether pre-1999 service gratuities are payable under prior practice.
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Employment law — constructive dismissal — multiple transfers — contractual right to transfer — Western Excavating test; Pension scheme v
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Minimum Wages Orders — entitlement to pre-pension gratuity; computation of accrued benefits by prior employer practice
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24 July 2014 |
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Court held the negotiated redundancy package was paid; no implied long-service gratuity; employer's error forfeited costs award.
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Employment law — redundancy v long service gratuity — interpretation of collective agreement — implied terms in contract — taxability of commuted leave pay — costs discretion where employer's erroneous documentation prejudiced employees.
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24 July 2014 |
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Statutory vesting did not prevent Minister-directed transfer and suit, but mortgagee’s sale lacked proof of reasonable steps, so re-evaluation ordered.
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Statutory vesting of non-performing loan portfolio; Ministerial directions under s.11A(5) validate transfers; locus standi; validity of Deed of Transfer; mortgagee’s duty on power of sale; re-evaluation when sale appears undervalued
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23 July 2014 |
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23 July 2014 |
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Whether the respondent paid redundancy entitlements or long service gratuity, tax liability on leave pay, and costs allocation.
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Employment law — Redundancy/retrenchment package versus long service gratuity — Interpretation of collective agreement and implied terms — Admissibility of extrinsic evidence to correct clerical/narration errors — Taxation of commuted leave pay — Costs discretion where employer's conduct caused prejudice.
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23 July 2014 |
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23 July 2014 |
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22 July 2014 |
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17 July 2014 |
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15 July 2014 |
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14 July 2014 |
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10 July 2014 |
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10 July 2014 |
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Motions under Article 72(1)(a) and s93(1) to bar respondents from by-elections were dismissed for lack of merit; each party bears own costs.
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Constitutional and electoral law — Article 72(1)(a) Constitution; Section 93(1) Electoral Act — applications to bar recontesting candidates in by-elections — stay of proceedings under Order 4 Rule 9(1) — use of test actions — dismissal for lack of merit — costs: parties to bear own costs in constitutional matters.
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10 July 2014 |
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Procedural misdirection on a confession did not overturn murder conviction supported by strong recognition and weapon recovery evidence.
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Criminal Law
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Confession — Trial-within-trial and requirement for contemporaneous reasoned ruling on voluntariness
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Judges’ Rules — Admissions by private individuals vs police officers — Non-application of exclusionary impropriety where private persons are involved
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Sentencing — Extenuating circumstances and accused’s election to remain silent — Burden to adduce evidence
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9 July 2014 |
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Court upheld dismissal of the appellant for misleading the respondent and preparing defective security despite procedural lapses.
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Employment law — Disciplinary procedure — Misconduct and dishonesty — Preparing false borrower identity and defective security — Natural justice and procedural compliance — Appeal on points of law vs findings of fact (Section 97 ILRA).
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4 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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3 July 2014 |
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Motions to bar respondents from recontesting by-elections under Article 72(1)(a) and s93(1) were dismissed for lack of merit.
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Constitutional law — Article 72(1)(a) — Electoral Act s.93(1) — Motions to bar candidates from recontesting by-elections — Stay of proceedings as test actions — Order 4 Rule 9(1) — Dismissal for lack of merit — Costs each party
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2 July 2014 |
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Trial judge erred by deciding merits without ruling on preliminary issues; appeal allowed and matter remitted.
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Civil Procedure
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Preliminary issues — Trial judge must determine preliminary points before deciding merits
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Appeal powers under Section 25(1)(a) — Limitations on appellate court rewriting undecided High Court rulings
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2 July 2014 |
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Enforcement of a Supreme Court finding of corrupt practice must be pursued in the High Court; motion dismissed.
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Electoral law — corrupt practices — Section 104 reporting obligations — disqualification under Section 22 — obligation to prosecute — enforcement of Supreme Court judgments under Section 9 Supreme Court Act — High Court as forum for enforcement
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2 July 2014 |
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2 July 2014 |
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Supreme Court lacks power to generate or compel a Section 104(6) Electoral Act report; High Court must do so and enforcement lies there.
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Electoral Law — Election Petitions — Report under s104(6) — Duty of the High Court to prepare report on corrupt or illegal practices
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Civil Procedure — Appellate Jurisdiction — Powers of the Supreme Court under s25 — Limits after final determination and prohibition on running litigation in the Supreme Court
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Constitutional/Administrative Law — Enforcement of Supreme Court Judgments — Execution through High Court under s9 of the Supreme Court Act
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2 July 2014 |
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1 July 2014 |