Results: 59

• Sheikh Brothers Ltd v Arnold Julius Ochsner

  14 Jan 1957 [1957] AC 136; [1957] 2 WLR 254, PC

  Subsequent citations: 1.
  CONTRACT — East africa — Contract

  CONTRACT — Mistake. India.
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  Case index catchwords

  CONTRACT — East africa — Contract — Mistake — Licence to cut and process sisal — Provision for delivery of stipulated minimum quantity to licensor — Leaf potential insufficient for fulfilment of contractual requirements — Mutual mistake as to essential matter of fact — Contract impossible in itself — Contract void — Effect of statutory provisions — Licensor not entitled to compensation — Indian Contract Act, IX of 1872, ss. 20, 56.

  CONTRACT — Mistake. India.

  1 Statute considered
• Adamjee v Sadeen

  11 Dec 1956 [1957] 2 WLR 67, PC

  11 Dec 1956 [1957] AC 94, PC

  Subsequent considerations : 1 neutral.
  LAND — Ceylon — Land
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  Case index catchwords

  LAND — Ceylon — Land — Prescription — Onus of proof — Partition decree — Obtained by fraudulent collusion — Decree conclusive against all persons — Claimant to prescriptive title — Entitled to damages only — Duty of court in partition action to investigate title — Duty of appeal court where investigation inadequate — Partition Ordinance, No. 10 of 1863 (Legislative Enactments of Ceylon, 1938 Rev., c. 56), s. 9 — Prescription Ordinance, No. 22 of 1871 (Legislative Enactments of Ceylon, 1938 Rev., c. 55), s. 3.

  1 Statute considered

  1 Statutory Instrument considered
• Attorney-General for Australia v The Queen

  19 Mar 1957 [1957] 2 WLR 607, PC

  19 Mar 1957 [1957] AC 288, PC

  Subsequent considerations : 1 negative. Subsequent citations: 6.
  CONSTITUTION — Australia — Constitutional law

  STATUTE — Dominion — Validity.
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  Case index catchwords

  CONSTITUTION — Australia — Constitutional law — Judicature — Union of arbitral and judicial functions in Court of Conciliation and Arbitration — Purported judicial powers ultra vires — Validity or invalidity not an inter se question — Appeal competent — Conciliation and Arbitration Act, 1904–1952 (No. 13 of 1904-No. 34 of 1952) (Commonwealth), ss. 29 (1) (b) (c), 29A — Commonwealth of Australia Constitution Act, 1900 (63 & 64 Vict. c. 12), ss. 51 (xxxix), 71–80.

  STATUTE — Dominion — Validity.

  2 Statutes considered
• Southern Railway of Peru Ltd v Owen

  17 Mar 1955 36 TC 602; (1955) 34 ATC 80, CA

  21 Jun 1956 [1957] AC 334; [1956] 3 WLR 389; [1956] 2 All ER 728; 36 TC 602, HL

  Subsequent considerations : 3 neutral; 2 negative. Subsequent citations: 13.
  REVENUE — Income tax — Profits of trade
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  Case index catchwords

  REVENUE — Income tax — Profits of trade — Contingent liability — Payments of compensation to employees at end of service — Claim to charge sums against profits in each accounting period — Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), Sched. D, Cases I and II.

  1 Case considered

  1 Statute considered
• East Riding County Council v Park Estate (Bridlington) Ltd

  08 Jun 1956 [1956] 3 WLR 312, HL

  08 Jun 1956 [1957] AC 223, HL

  Subsequent considerations : 4 positive; 2 neutral; 1 negative. Subsequent citations: 5.
  PLANNING — Town and country planning — Enforcement notice

  PLANNING — Town and country planning act, 1947 (10 & 11 geo. 6, c. 51) ss. 23, 24, 75.
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  Case index catchwords

  PLANNING — Town and country planning — Enforcement notice — Form — Compliance with statutory requirements — Development before appointed day — Notice not specifying breaches of previous planning control

  PLANNING — Town and country planning act, 1947 (10 & 11 geo. 6, c. 51) ss. 23, 24, 75.

  PLANNING — Town and country planning — Enforcement notice — Form — Compliance with statutory requirements — Development before appointed day — Notice not specifying breaches of previous planning control — Town and Country Planning Act, 1947 (10 & 11 Geo. 6, c. 51), ss. 23, 24, 75.

  2 Statutes considered
• Board of Trade v Owen

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 29.
• GH Renton & Co Ltd v Palmyra Trading Corpn of Panama

  07 Oct 1955 [1956] 1 QB 462; [1955] 3 WLR 535, QBD

  07 Oct 1955 [1956] 1 QB 462; [1956] 2 WLR 232, CA

  05 Dec 1956 [1957] AC 149; [1957] 2 WLR 45, HL

  Subsequent considerations : 2 positive; 2 neutral. Subsequent citations: 30.
  SHIPPING — Bill of lading — Port of discharge

  CONTRACT — Construction — Repugnancy
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  Case index catchwords

  SHIPPING — Bill of lading — Port of discharge — Provision for delivery of timber at London and Hull — Strike clause — Clause permitting discharge of cargo “at port of loading or any other safe and convenient port” — Discharge to “be deemed due fulfilment of contract” — Validity — Hague Rules, arts. III, rr. 2, 8; IV, r. 4.

  CONTRACT — Construction — Repugnancy — Exceptions clause.

  1 Statute considered

  1 Statutory Instrument considered
• Attorney-General for Ceylon v Chettiar (No 1)

  10 Jul 1957 [1957] 3 WLR 293, PC

  10 Jul 1957 [1957] AC 513, PC

  Subsequent considerations : 1 neutral. Subsequent citations: 1.
  REVENUE — Ceylon — Revenue

  REVENUE — Estate duty.
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  Case index catchwords

  REVENUE — Ceylon — Revenue — Estate duty — Hindu undivided family — Mitakshara — Death in 1934 of son, one of two surviving coparceners — Ceylon assets of family business — Coparcener has no “share” in family property — His interest not “property passing” on his death — Not property of which he was “competent to dispose” — Not an interest “ceasing on his death” — Not liable to estate duty — Estate Duty Ordinance, No. 8 of 1919, ss. 7, 8 (1) (a) (b).

  REVENUE — Estate duty.

  2 Statutory Instruments considered
• Tameshwar v The Queen

  18 Jun 1957 [1957] 3 WLR 157, PC

  18 Jun 1957 [1957] AC 476, PC

  Subsequent considerations : 1 positive. Subsequent citations: 5.
  BRITISH GUIANA — Criminal law — View by jury with witnesses

  CRIME — Criminal law — Practice
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  Case index catchwords

  BRITISH GUIANA — Criminal law — View by jury with witnesses — Judge absent — Fatal defect in trial — Robbery — Convictions quashed — Criminal Law (Procedure) Ordinance (Laws of British Guiana, 1953, c. 11), s. 45.

  CRIME — Criminal law — Practice — Trial — View by jury of locus in quo — View with witnesses — Absence of judge — Fatal defect in trial. Evidence.

• Western Steamship Co Ltd v NV Koninklijke Rotterdamsche Lloyd

  27 Jan 1955 [1955] P 52; [1955] 2 WLR 435, PDA

  12 Jul 1955 [1955] P 259; [1955] 3 WLR 385, CA

  25 Jul 1956 [1957] AC 386; [1956] 3 WLR 598, HL

  Subsequent citations: 6.
  SHIPPING — Limitation of liability — Fault or privity

  CAUSATION
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  Case index catchwords

  SHIPPING — Limitation of liability — Fault or privity — Vessel manned with insufficient number of certificated officers — Collision occurring during watch of uncertificated officer — Actual fault or privity of owners — Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60), s. 503 — Merchant Shipping (Amendment) Ordinance, No. 2 of 1949 (Hong Kong).

  CAUSATION

  1 Statute considered

  1 Statutory Instrument considered