Results: 55

• Mcdonnell v Neil

  06 Mar 1951 [1951] AC 342, PC

  WILL — Construction — Bequest of residue
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  Case index catchwords

  WILL — Construction — Bequest of residue — On trust for testator's two daughters for life in equal shares with remainder in fee to their issue in equal shares — Trust of one moiety for each daughter with remainder to her issue.
• Vitkovice Horni a Hutni Tezirstvo v Korner

  20 Jun 1951 [1951] AC 869, HL

  Subsequent considerations : 3 positive; 1 neutral; 1 negative. Subsequent citations: 40.
  PRACTICE — Practice and procedure — Writ of summons
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  Case index catchwords

  PRACTICE — Practice and procedure — Writ of summons — Service of notice out of jurisdiction — Alleged breach of contract within jurisdiction — Standard of proof as to breach — R. S. C., Ord. 11, rr. 1 (e), 4.

  1 Statutory Instrument considered

• Parochial Church Council Of Bradeston v Church Commissioners For England

  10 Jul 1950 [1951] AC 24, PC

  ECCLESIASTICAL LAW — Union of benefices — Commission of inquiry
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  Case index catchwords

  ECCLESIASTICAL LAW — Union of benefices — Commission of inquiry — Constitution — Irregular appointment of commissioner — Effect — Scheme returned for reconsideration — Amended scheme unaffected by previous irregularity — Costs — Union of Benefices Measure, 1923 (14 & 15 Geo. 5, No. 2), s. 3, sub-s. 1 (b); s. 11, sub-s. 3.

  1 Statute considered

• Hangkam Kwingtong Woo v Liu Lan Fong alias Liu Ah Lan

  23 Jul 1951 [1951] AC 707, PC

  CONTRACT — War — Enemy occupied territory
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  Case index catchwords

  CONTRACT — War — Enemy occupied territory — Citizens in occupied territory and those who have escaped to allied territory not enemies — Power of attorney — Common law doctrine of illegality of trading with the enemy inapplicable — Contractual relations not abrogated — Frustration — Debtor and Creditor (Occupation Period) Ordinance, No. 24 of 1948, s. 11.

  1 Statutory Instrument considered

• Smith v London Transport Executive

  01 Mar 1951 [1951] AC 555, HL

  Subsequent citations: 3.
  CARRIAGE BY LAND — Nationalization — Road transport
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  Case index catchwords

  CARRIAGE BY LAND — Nationalization — Road transport — British Transport Commission — London Transport Executive — Scheme made by commission and approved by Minister — Functions delegated to executive — Activities transferred from london Passenger Transport Board — Ancillary activities — New omnibus service — Route approval by licensing authority — No road service licence — Powers of executive — London Passenger Transport Act, 1933 (23 Geo. 5, c, 14), s. 15 — Transport Act, 1947 (10 & 11 Geo. 6, c. 49), s. 2, sub-s. 1; ss. 12, 14, sub-s. 4; s. 65, sub-s. 1.

  1 Statute considered
• Reading v Attorney-General

  10 May 1948 [1948] 2 KB 268, KBD

  19 May 1949 [1949] 2 KB 232, CA

  01 Mar 1951 [1951] AC 507, HL

  Subsequent considerations : 1 positive; 2 neutral. Subsequent citations: 39.
  MASTER AND SERVANT — Servant of the Crown — Military law

  PETITION OF RIGHT — Claim by British ex-soldier to money taken from him by Military authorities in Egypt — Money acquired by soldier in consideration of his presence in uniform on civilian lorry loaded with illicit cargo
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  Case index catchwords

  MASTER AND SERVANT — Servant of the Crown — Military law — Uniformed soldier — Presence on civilian lorry with illicit cargo — Money reward — Confiscation by military authorities — Court-martial conviction — Conduct prejudicial to good order and military discipline — Claim to recover money — Petition of right — Relation of Crown to soldier.

  PETITION OF RIGHT — Claim by British ex-soldier to money taken from him by Military authorities in Egypt — Money acquired by soldier in consideration of his presence in uniform on civilian lorry loaded with illicit cargo — Relation of Crown to soldier — Whether same as that of master and servant — Money acquired solely by use of uniform and military position — Title of Crown to money.
• Westburn Sugar Refineries, Ex parte

  05 Apr 1951 [1951] AC 625, HL

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  COMPANY — Reduction of Capital — Formation of investment-holding company
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  Case index catchwords

  COMPANY — Reduction of Capital — Formation of investment-holding company — Transfer of stocks and shares held by petitioning company — Allotment of shares in investment-holding company — Shares exceeding in value nominal reduction of capita — Companies Act, 1948 (11 & 12 Geo. 6, c. 38), s. 66, sub-s. 1.

  1 Statute considered

• Grace Bros Pty Limited v Commonwealth Of Australia

  27 Jul 1950 [1951] AC 53, PC

  PRIVY COUNCIL — Australia — Appeal to Privy Council
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  Case index catchwords

  PRIVY COUNCIL — Australia — Appeal to Privy Council — Jurisdiction — Lands Acquisition Act, 1906–36, ss. 28, 29, sub-s. 1, 40 — Constitutional validity — Inter se question — No certificate of High Court — Appeal incompetent — Commonwealth of Australia Constitution, 1900 (63 & 64 Vict., c. 12), s. 51 (xxxi); s. 74.

  1 Statute considered
• Preston-Jones v Preston-Jones

  14 Dec 1950 [1951] AC 391; [1951] 1 All ER 124; [1951] 1 TLR 8, HL(E)

  Subsequent considerations : 2 positive; 1 neutral; 2 negative; most recently considered: 1968. Subsequent citations: 4.
  HUSBAND AND WIFE — Divorce — Adultery
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Adultery — Birth of child — Husband's absence for period between 360 and 186 days before birth — Child apparently full-time and labour normal — Period between coition and conception — Absence of medical evidence — Judicial notice of facts of nature — Possibility of birth 360 days after coition.
• Dharmasena v The King

  18 Jul 1950 [1951] AC 1, PC

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  CRIME — Criminal law — Ceylon
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  Case index catchwords

  CRIME — Criminal law — Ceylon — Charge of criminal conspiracy against two persons — Both convicted — Appeal — Conviction of one quashed and her retrial ordered — Acquitted at retrial — Impossible result where conspiracy is concerned — Imperative that both should hare been retried at same time — Acquittal at retrial treated as disposing of charge of conspiracy against both.