Results.
9 judgments found.
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| November 2016 |
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29 November 2016 |
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Court awarded additional damages for mental anguish and full costs after finding procedural unfairness and appellate-rule default.
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Employment law — wrongful/unfair termination — failure to observe disciplinary/natural justice procedures; Damages — mental anguish and distress recognised as separate head of damages; Costs — costs follow the event; Civil procedure — non-compliance with appellate rules (Rule 58(2)) results in dismissal of grounds.
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29 November 2016 |
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29 November 2016 |
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24 November 2016 |
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16 November 2016 |
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11 November 2016 |
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Whether Order 39 review may correct trial errors or whether such errors must be remedied on appeal, and admissibility of unpleaded evidence.
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Civil procedure — Review under Order 39 — discretion and limited grounds for reopening judgments; admission of unpleaded evidence — effect where not objected to; consent orders — limits on varying by court; errors of law/fact to be corrected on appeal, not review.
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11 November 2016 |
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Whether the deceased’s statements qualified as res gestae and were admissible; appeal dismissed.
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Criminal law — murder — admissibility of deceased’s extra‑judicial statements — res gestae exception to hearsay (test: spontaneity, involvement, and absence of opportunity for concoction) — recording of statements of the dangerously ill (s237 CPC) — post‑mortem corroboration.
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1 November 2016 |
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Whether a union General Council may lawfully impose indefinite suspension and when a secretary‑general’s directive amounts to an unlawful suspension.
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Labour law — Trade union disciplinary procedure — Jurisdiction of General Council to suspend elected officers beyond 90 days — Unlawful unilateral suspension by Secretary‑General — Entitlement to half‑pay during lawful suspension — Procedural fairness in removal from payroll — Funeral grant under Conditions of Service.
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1 November 2016 |