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Case Law
3174 cases across 17 courts
3174 cases
841474 | 1953-12-07
New South Wales has retained the system of pleadings which obtained in England under the Common Law Procedure Act 1852, the provisions of which, and the rules made thereunder, being in substance reproduced in the...
Citation pending | 1953-12-03
Appeal by the Commissioner of Taxation of the Commonwealth of Australia against an order of the Full Court of the High Court of Australia, dated 13 April 1953, on a Case stated by Sir Owen Dixon CJ dated 3 July 1952....
Citation pending | 1953-11-24
In December, 1948, the a ppellant, who owned certain lands in Lanarkshire, by missives of sale dated 15 and 16 December 1948, a greed to sell part of these lands to the respondents. Following on these missives, a...
2082 by the Minister of Health and by virtue of reg. 51 of the Defence | 1953-07-28
In an action by the plaintiffs for possession of the flat and damages for trespass the defendants contended that the plaintiffs were no longer in possession since the requisition had ceased one month from the date of...
Citation pending | 1953-07-28
National Health Service – Hospital – Gift of residue – “To the trustees for the time being” of the hospital “and by them to be a ppropriated for or towards the building funds” of the hospital – Vesting of hospital and...
Citation pending | 1953-07-06
VISCOUNT SIMON read the following judgment of the Board. This is an appeal by special leave from a judgment of the Supreme Court of Canada, dated 20 November 1950, a llowing in part an appeal by the respondent from a...
Citation pending | 1953-06-24
Joseph Travers & Sons Ltd v Cooper, a decision of the Court of Appeal which has often been quoted and a pproved. All I need refer to is a passage from the judgment of Phillimore LJ. The clause there was a clause that a...
Citation pending | 1953-05-21
The plaintiffs, the A Bank Ltd were a company incorporated in Palestine in 1930, their head office being in Jerusalem until 1 July 1948, when it was moved to Amman, Jordan, where the plaintiffs became registered on 7...
Citation pending | 1953-05-18
Londonderry Presbyterian Church House Trustees v Inland Revenue Comrs (1946) (27 Tax Cas 431), Williams ’ Trustees v Inland Revenue Comrs ([1947] 1 AllER 513), Dunne v Byrne ([1912] AC 407) and Farley v Westminster...
Citation pending | 1953-05-15
SINGLETON LJ stated the facts and continued. Counsel for the plaintiff has limited the appeal to one point under s 47(1) of the Factories Act, 1937, namely, that the defendants had failed in their duty under that...
Citation pending | 1953-03-12
guarantee of her account which, in view of the large sums he had already paid to her, the husband was unwilling to give. On 29 August the husband drew a cheque for £380 in favour of the wife with the expressed...
Citation pending | 1953-02-27
The plaintiff was employed by the defendant as an independent contractor to clean the windows of his hairdressing shop every fortnight. When cleaning a window with three panels, in order to steady himself, he had made...
Citation pending | 1953-02-11
The plaintiff, a guest at the defendants ’ hotel, slipped on a slippery part of the hotel drive and sustained injuries. She contended that: (i) her contract with the defendants contained an implied warranty that the...
Citation pending | 1952-12-18
HARMAN J read the following judgment. These are a ppeals by Case Stated from two decisions of the Commissioners of Inland Revenue under the Stamp Act, 1891, holding that two conveyances both dated 21 August 1951, and...
Citation pending | 1952-12-08
PARKER J said that counsel for the plaintiff pointed out, as was undoubtedly true, that at least three different standards were laid down under the Factories Act, 1937, and probably more. There was the standard which a...
Citation pending | 1952-12-01
In an action against both defendants the plaintiff a lleged that the insulation company were negligent in the way Edmunds handled the gas cylinder, and, a lternatively, that the refrigeration company were negligent in...
Citation pending | 1952-11-26
The fact which gives jurisdiction to the Prize Court is that a ship has been physically captured and taken out of the possession of her former owners. The physical capture of a ship is the same thing as taking her in...
Citation pending | 1952-11-20
On 8 August a destroyer a rrived at the a nchorage flying a Chinese nationalist flag and at 10.30 the Atlantic Trader was a pproached by an officer and twelve men from the destroyer a rmed with revolvers and...
Citation pending | 1952-11-05
A weekly tenant entered into an a greement with his landlord for a tenancy for one year of shop premises at a rent of £3 a week. At the end of the year he held over at the same rent, and later was given notice to quit...
Citation pending | 1952-11-05
The various mineral grants and leases held by the respondents were ranged in certain categories of each of which a “type” was conveniently set out in the a greed statement of facts. Thus, there were grant type I, grant...
Citation pending | 1952-11-03
On 3 July 1940, gold belonging to a Dutch banking company was transferred from safe deposit in London to the Custodian of Enemy Property by a vesting order made by the Board of Trade under the Trading with the Enemy...
Citation pending | 1952-10-21
The respondents HA Ltd (the plaintiffs in the action), were the successors in title to rights in respect of petroleum and natural gas in certain Crown lands in Alberta granted by the Crown in August, 1913, in right of...
Citation pending | 1952-10-17
That law has been a pplied repeatedly, and I should have had no doubt about the matter if it had not been for a fairly recent decision of the Court of Appeal in Christmas v General Cleaning Contractors Ltd. In that...
Citation pending | 1952-10-06
M was the director of a company incorporated in Ceylon in 1922. The capital of the company consisted of 19,800 eight per cent cumulative preference shares and five thousand management shares. From the date of its...
Citation pending | 1952-10-02
By his will a testator directed his trustees to set a side a sum out of his residuary estate sufficient at the time of a ppropriation to produce “a net income of £10 per week” and he directed his trustees to pay such...
2 | 1952-09-16
This appeal is from a judgment given in favour of the plaintiff -respondent herein, by the High Court, Accra. The plaintiff's claim was for possession of premises on the first floor of house No. D 762B/4 Kimberley...
V. of sched. A shall be such amount as could have been claimed by him if the a nnual value of the unit had been determined in the manner described in sub-s. | 1952-07-31
Appeal by the Crown from an order of the Court of Appeal (Cohen and Singleton LJJ Jenkins LJ dissentiente), dated 15 June 1951, and reported [1951] 2 AllER 393, reversing an order of Wynn-Parry J dated 28 February...
28 of 1956. 3 | 1952-07-12
Apaloo J.S.C. delivered the judgment of the court. Some time in 1952, the Government of Ghana were minded of a cquiring under the Public Lands Ordinance,1 an are a of land situate at Accra and lying north of Ring Road....
Citation pending | 1952-07-07
Employment – Regulation – Registration of workers – Suspension of workers – Appeal to statutory body – Confirmation of suspension – Action for declaration and injunctions against suspension — Dock labour – Dock Workers...
Citation pending | 1952-07-02
Rent Restriction – Permitted increase – Transfer of burden – Transfer to landlord of liability to repair previously borne by landlord as tenant – Right of appeal – Increase of Rent and Mortgage Interest (Restrictions)...
Citation pending | 1952-07-01
Appeal by the contractors from an order of Gorman J dated 12 March 1952, a llowing the building owners ’ counterclaim for liquidated damages for delay in completion of building work.
Citation pending | 1952-06-24
The plaintiff claims that he is the owner of the triangular piece of land by virtue of two conveyances, the first of which is dated 7 November 1947, and was a conveyance by the defendant to a William James Farmerey of...
Citation pending | 1952-06-16
Appeal by the husband from an order of Willmer J dated 11 January 1952, and reported [1952] 1 AllER 297, dismissing an undefended petition for divorce on the ground of desertion. It was conceded that the parties lived...
Citation pending | 1952-06-16
DANCKWERTS J read the following judgment. This is an action by Her Majesty ’ s Attorney General at the relation of a Mr Edgar Hunt against the corporation of the borough of Colchester. The defendant corporation are the...
Citation pending | 1952-06-12
Appeal by the wife, respondent to a petition by the husband for divorce on the ground of her a dultery, from an order of Wallington J dated 29 April 1952, a llowing an appeal by the husband from an order of the...
Citation pending | 1952-05-23
Estate Duty – Incidence – Portions charged by will on property reversionary at date of testator ’ s death – Duty exigible on death of life tenant – Liability of portioners to be charged with duty – Finance Act, 1894 (c...
Citation pending | 1952-05-21
Appeal by the Crown from an order of Roxburgh J dated 27 July 1951 (reported [1951] 2 AllER 667), reversing the decision of the Special Commissioners, and holding that certain entertainment expenses were incurred by...
Citation pending | 1952-05-14
Will – Revocation – Construction of revocatory clause in codicil – Will “to be read as if the name of [M. B.] did not occur therein” – Gift to children of M.B – Effect on special power of a ppointment given to M.B.
Citation pending | 1952-05-09
Landlord and Tenant – Duration of tenancy – Weekly tenancy – Tenancy for one year at weekly rent – Holding over at weekly rent – Notice to quit on basis of weekly tenancy – Claim for compensation or new lease under...
Citation pending | 1952-03-14
Appeal by the plaintiff from the judgment of Parker J dated 7 December 1951, and reported a nte, p 56, dismissing his claim against the defendants, his employers, for damages for personal injuries sustained in an a...
Citation pending | 1952-03-11
The umpire found the custom was “reasonable, certain and … (in Cork) universal”. The shipowners contended that the custom was inconsistent with and repugnant to the charter, and, in particular, cl 9 thereof. Subject to...
Citation pending | 1952-03-06
Appeal from an interlocutor of the First Division of the Court of Session (Lord Cooper (Lord President), Lord Carmont and Lord Keith), dated 12 December 1950, a dhering to the interlocutor of Lord Blades (Lord...
Citation pending | 1952-02-29
and, therefore, the plaintiffs were not holders in due course. The learned judge originally ruled that this point should have been pleaded and he refused leave to a mend. He later held that it could be a rgued as a...
Citation pending | 1952-02-26
the Utility Mark and Apparel and Textiles (General Provisions) Order, 1947, made under the Defence (General) Regulations, 1939. The county court judge gave judgment for the plaintiff, but without costs, on the ground...
Citation pending | 1952-02-19
Appeal by the defendants from an order of Barry J dated 6 November 1951, a llowing the plaintiff bank ’ s claim for £582 19s 9d owing by the defendants to the bank. The defendants contended that their simple contract...
Citation pending | 1952-02-19
A judgment debtor had a sum of money in a deposit account with a bank, the contract between the bank and the debtor being subject to the conditions (a) that fourteen days ’ notice should be given of a withdrawal, and...
Citation pending | 1952-02-01
On 10 August 1948, a wife presented a petition for the dissolution of her marriage in which she a sked for the custody of the two sons of the marriage, maintenance of the younger son, and maintenance and a secured...
Citation pending | 1952-01-15
Justices – Husband and wife – Maintenance – Discharge of order – Adultery by wife after dissolution of marriage – Preferable jurisdiction of Divorce Court – Summary Jurisdiction (Married Women) Act, 1895 (c 39), s 7.
Citation pending | 1952-01-11
WILLMER J. In this extremely difficult case relief is being sought on the ground of desertion, a lthough it is conceded that the parties have continued throughout to live under the same roof. There have been cases of...
Citation pending | 1951-12-20
In a ddition to the charges of fraud against the fifth and second defendants, the plaintiffs a lleged, as third and fourth charges of fraud, that the first defendant was guilty of fraud because (a) he had deliberately...