Results: 81

• F S Securities Ltd v Inland Revenue Comrs (Inland Revenue Comrs v F S Securities Ltd)

  07 Dec 1962 [1963] 1 WLR 173; [1963] 1 All ER 318, Ch D

  18 Jul 1963 [1963] 1 WLR 1223; [1963] 3 All ER 299, CA

  04 Jun 1964 [1965] AC 631; [1964] 1 WLR 742; [1964] 2 All ER 691; 41 TC 666, HL(E)

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 10.
  REVENUE — Income tax — Profits of trade

  REVENUE — Surtax — Company
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  Case index catchwords

  REVENUE — Income tax — Profits of trade — Securities — Dividends — Dealer in securities — Whether dividends taxed at source trading receipts or investment income — Whether dealer “investment company” — Income Tax Act, 1952, ss 257 (2), 525 (1)

  REVENUE — Surtax — Company — Investment company — “Investment income” — Income from dividend stripping — Whether dealer “investment company” — Income Tax Act, 1952, ss 257 (2), 525 (1)

  9 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered
• Haley v London Electricity Board

  29 Nov 1963 [1964] 2 QB 121; [1964] 2 WLR 444; [1963] 3 All ER 1003, CA

  28 Jul 1964 [1965] AC 778; [1964] 3 WLR 479; [1964] 3 All ER 185; 63 LGR 1, HL(E)

  Subsequent considerations : 2 neutral. Subsequent citations: 3.
  JUDICIAL PRECEDENT — Extempore judgment — Weight

  NEGLIGENCE — Duty of care to whom? — Blind person

  NUISANCE — Statutory undertaker, liability of — Highway
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  Case index catchwords

  JUDICIAL PRECEDENT — Extempore judgment — Weight — Judgment of Court of Appeal — Extempore after inadequate argument — Whether equally authoritative with decision after full argument and with mature consideration

  NEGLIGENCE — Duty of care to whom? — Blind person — Excavation in pavement — Excavation guarded by sloping handle of punner-hammer — Guard sufficient for sighted person — Blind person tripped up by handle and injured — Ambit of duty owed to pedestrians

  NUISANCE — Statutory undertaker, liability of — Highway — Electricity undertaking — Excavation in pavement pursuant to statutory powers — Excavation guarded by sloping handle of punner-hammer — Guard sufficient for sighted person — Blind person tripped up by handle and injured — Whether special duty owed to blind persons — Gasworks Clauses Act, 1847, s 6 — Electricity Lighting Act, 1882, s 12 (as amended) — Public Utilities Street Works Act, 1950, s 8

  5 Case(s) considered

  3 Statutes considered
• R v Ramasamy

  21 Jul 1964 [1965] AC 1; [1964] 3 WLR 632, PC

  Subsequent considerations : 2 positive. Subsequent citations: 3.
  CRIME — Ceylon — Criminal law

  CRIME — Evidence — Confession

  STATUTE — Construction — Generalia specialibus non derogant
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  Case index catchwords

  CRIME — Ceylon — Criminal law — Evidence — Statements made in course of police investigation — Inadmissibility applicable to evidence of both oral and written statements and to both accused and witnesses — Statutory provision admitting evidence of fact discovered as result of statement when in police custody — Statutory provision that statements to police inadmissible — Reconciliation — Generalia specialibus non derogant — Evidence Ordinance (Legislative Enactments of Ceylon, 1938 Rev, c 11), s 27 (1) — Code of Criminal procedure (Legislative Enactments of Ceylon, 1938 Rev, c 16), s 122 (3)

  CRIME — Evidence — Confession — Statement leading to discovery of relevant fact — Finding of gun — Principle of admissibility

  STATUTE — Construction — Generalia specialibus non derogant — Provision that statements to police inadmissible in evidence — Provision that statement leading to discovery of fact admissible

  3 Case(s) considered

  2 Overseas Enactments considered

• Western Transport Pty Ltd v Kropp

  15 Oct 1964 [1965] AC 914; [1964] 3 WLR 1082; [1964] 3 All ER 722, PC

  STATUTE — Australia — Queensland

  STATUTE — Retroactive effect — Validating legislation
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  Case index catchwords

  STATUTE — Australia — Queensland — State Act — Validity — Transport licensing legislation — Legislation invalid by judicial decision — Subsequent Act validating legislation in truncated form — Retrospective validation — Repealed Act validated for period from date of enactment to repeal — State Transport Facilities Acts, 1946 to 1959 (Queensland) No 17 of 1946, Pt IV — State Transport Act, No 48 of 1960 (Queensland) — Transport Laws Validation Act, No 24 of 1962 (Queensland), ss 3, 4, 5 — Merchant Shipping Act, 1894 (Imperial), s 736

  STATUTE — Retroactive effect — Validating legislation — Transport licensing legislation held invalid by judicial decision — Subsequent Act validating legislation in truncated form — Repealed Act validated from date of enactment to repeal — Transport Laws Validation Act, No 24 of 1962 (Queensland), ss 3, 4, 5

  2 Case(s) considered

  1 Statute considered

  3 Overseas Enactments considered
• Imperial Chemical Industries Ltd v Shatwell

  06 Jul 1964 [1965] AC 656; [1964] 3 WLR 329; [1964] 2 All ER 999, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 19.
  CAUSATION — Negligence — Fellow workman, of

  FACT OR LAW — Causation — Judicial precedent

  MINES — Quarry — Breach of statutory duty

  VOLENTI NON FIT INJURIA — Master and servant — Breach of statutory duty
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  Case index catchwords

  CAUSATION — Negligence — Fellow workman, of — Quarry — Testing detonators — Failure by two workmen of equal status in concert to obey safety instructions — Whether fault of one cause of injury to other — Whether causation a question of fact — Breach of statutory duty — Mines and Qarries Act, 1954, s 157 — Quarries (Explosives) Regulations, reg 27 (4)

  FACT OR LAW — Causation — Judicial precedent — How far binding

  MINES — Quarry — Breach of statutory duty — Explosives — Testing detonators — Failure of fellow workmen to comply with regulations — Mines and Quarries Act, 1954, s 157 — Quarries (Explosives) Regulations, reg 27 (4)

  VOLENTI NON FIT INJURIA — Master and servant — Breach of statutory duty — Deliberate combination of two workmen to disobey order knowing risk involved — Injury to one — Action against employer based on vicarious liability for act of other worker — Contravention of statutory prohibition — Whether volenti principle a defence

  7 Case(s) considered

  1 Statute considered

  1 Statutory Instrument considered
• Glasgow Corpn v Johnstone

  03 Feb 1965 [1965] AC 609; [1965] 2 WLR 657; [1965] 1 All ER 730; 63 LGR 171, HL(Sc)

  Subsequent considerations : 8 positive; 5 neutral. Subsequent citations: 15.
  CHARITY — Object, charitable — House, use of

  CHARITY — Religion — Church officer's house

  RATING — Rateable occupation — Religion

  RATING — Religion — Church officer's house
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  Case index catchwords

  CHARITY — Object, charitable — House, use of — Church officer's house — Rateable occupation by church — Whether use of house “wholly or mainly for charitable purposes”

  CHARITY — Religion — Church officer's house — Whether used “wholly or mainly for charitable purposes”

  RATING — Rateable occupation — Religion — Church officer's house adjacent to church — Church charitable — Whether house occupied by charity or man

  RATING — Religion — Church officer's house — Adjacent to church — By whom occupied — Whether used for charitable purposes — Local Government (Financial Provisions, etc) (Scotland) Act, 1962, s 4 (2) (a)

  5 Case(s) considered

  1 Words & Phrases considered

  1 Statute considered

• In re “Wonderland,” Cleethorpes (East Coast Amusement Co Ltd v British Transport Board)

  23 Nov 1961 [1962] Ch 696; [1962] 2 WLR 165; [1962] 1 All ER 68, Ch D

  22 Feb 1962 [1962] Ch 696; [1962] 2 WLR 776; [1962] 2 All ER 92, CA

  30 May 1963 [1965] AC 58; [1963] 2 WLR 1426; [1963] 2 All ER 775, HL(E)

  Subsequent citations: 16.
  LANDLORD AND TENANT — Business premises (security of tenure) — Terms of new tenancy
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  Case index catchwords

  LANDLORD AND TENANT — Business premises (security of tenure) — Terms of new tenancy — Rent — Effect of improvements — Whether improvements made by tenant during currency of tenancy expiring before commencement of Act to be taken into account — Landlord and Tenant Act, 1954, s 34 (c)

  3 Case(s) considered

  2 Statutes considered

• Khan v Ariyadasa

  27 Apr 1965 [1965] AC 1064; [1968] AC 1064; [1965] 2 WLR 1339, PC

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

  CRIME — Ceylon — Criminal law — Indictment — Joinder of charges — Counts of house trespass as members of unlawful assembly and of house trespass individually — Separate offences — Connected acts in same transaction — Statutory provision for inclusion in one indictment — No misjoinder — Penal Code (Legislative Enactments of Ceylon, 1956 Rev, c 19), ss 32, 146, 434 — Criminal Procedure Code (Legislative Enactments of Ceylon, 1956 Rev, c 20), s 180 (1)

  5 Case(s) considered

  2 Overseas Enactments considered

• Farrier-Waimak Ltd v Bank of New Zealand

  05 Oct 1964 [1965] AC 376; [1964] 3 WLR 1030; [1964] 3 All ER 657, PC

  COMPANY — New zealand — Company
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  Case index catchwords

  COMPANY — New zealand — Company — Mortgage — Priorities — Land development company — Bank advance — Secured by unregistered mortgage company's land by contractor — Bank's mortgage registered subsequently — Expressed to on company's land — Valid equitable charge — Registered statutory liens for work on be “subject to liens” — Priority of liens not defeated by bank's original equitable charge — Wages Protection and Contractors' Liens Act, No 27 of 1939 (New Zealand), ss 21, 25, 41

  4 Case(s) considered

  1 Overseas Enactment considered

• Wm Cory & Son Ltd v Inland Revenue Comrs

  05 Dec 1963 [1964] 1 WLR 529; [1964] 1 All ER 509; [1963] 2 Lloyd's Rep 446, Ch D

  25 Jun 1964 [1964] 1 WLR 1332; [1964] 3 All ER 66; [1964] 2 Lloyd's Rep 43, CA

  18 Mar 1965 [1965] AC 1088; [1965] 2 WLR 924; [1965] 1 All ER 917; [1965] 1 Lloyd's Rep 313, HL(E)

  Subsequent citations: 10.
  REVENUE — Stamp duty — Conveyance or transfer on sale
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  Case index catchwords

  REVENUE — Stamp duty — Conveyance or transfer on sale — Option to purchase share capital — Transfers pursuant to option agreement to protect purchasers' rights — No transfer of beneficial interest — Subsequent exercise of option — Whether transfers “conveyance or transfer on sale” — “Upon the sale” — Agreement for option to purchase — Whether agreement for sale of equitable interest — Stamp Act, 1891, ss 54, 59 (1), Sch 1

  9 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered