Results: 91

• Blyth v Blyth and Pugh

  04 Apr 1963 [1963] P 411; [1965] P 411; [1965] 3 WLR 365; [1965] 2 All ER 817, CA

  Subsequent considerations : 1 negative. Subsequent citations: 17.
  HUSBAND AND WIFE — Condonation — Evidence

  HUSBAND AND WIFE — Condonation — Sexual intercourse as

  STATUTE — Retroactive effect — Divorce
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  HUSBAND AND WIFE — Condonation — Evidence — Burden of proof — Wife's adultery — Isolated act of marital intercourse without resumption of cohabitation — Evidence by husband that he did not intend to condone adultery — Divorce petition delayed because of reconciliation hope — Whether court “satisfied” that uncondoned adultery committed — Whether husband's evidence “sufficient to negative necessary intent” — “Satisfied” — Matrimonial Causes Act, 1950, s 4 (2) — Matrimonial Causes Act, 1963, s 1

  HUSBAND AND WIFE — Condonation — Sexual intercourse as — Husband, by — Transitional effect of new Act — Wife's adultery — Terminated by wife without resumption of cohabitation — Isolated act of marital intercourse before July 31, 1963 — Whether husband's evidence admissible to negative presumption of condonation — Matrimonial Causes Act, 1963, s 1

  STATUTE — Retroactive effect — Divorce — Condonation of adultery by act of intercourse — New Act providing that presumption of condonation may be rebutted — Whether procedural matter — Matrimonial Causes Act, 1963, s 1

  4 Case(s) considered

  2 Words & Phrases considered

  4 Statutes considered
• Wijesuriya v Amit

  21 Oct 1965 [1966] AC 372; [1966] 2 WLR 385; [1965] 3 All ER 701, PC

  Subsequent considerations : 1 positive. Subsequent citations: 2.
  STATUTE — Ceylon — Statute

  STATUTE — Retroactive effect — Penal and fiscal Act
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  STATUTE — Ceylon — Statute — Retrospective effect — Fiscal and penal — Amending legislation — Whether necessary expressly to adapt the existing machinery of the original enactment to the new conditions created by the amending legislation — Whether oil tax retrospectively due — Heavy Oil Motor Vehicles Taxation Ordinance, No 56 of 1935 (Legislative Enactments of Ceylon, 1956 Rev, c 249), s 2 — Heavy Oil Motor Vehicles Taxation (Amendment) Act, No 20 of 1961

  STATUTE — Retroactive effect — Penal and fiscal Act — Machinery for recovery of retrospective tax lacking

  2 Overseas Enactments considered
• Strick v Regent Oil Co Ltd

  17 Dec 1963 [1964] 1 WLR 309; [1964] 1 All ER 585; 43 TC 1, Ch D

  08 Jun 1964 [1964] 1 WLR 1166; [1964] 3 All ER 23; 43 TC 1, CA

  27 Jul 1965 [1966] AC 295; [1965] 3 WLR 636; [1965] 3 All ER 174; 43 TC 1, HL(E)

  Subsequent considerations : 7 positive; 3 neutral. Subsequent citations: 25.
  REVENUE — Income tax — Expenses of trade or profession (Schedule D)
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  REVENUE — Income tax — Expenses of trade or profession (Schedule D) — Payments by oil company to secure exclusive sale stations — Premiums for head leases — Restrictive covenants by proprietors as sub-lessees — Interest in land a capital asset — Capital or revenue expenditure — Income Tax Act, 1952, s 137 (f)

  18 Case(s) considered

  1 Statute considered

• Senanayake v Cheng

  15 Jul 1965 [1966] AC 63; [1965] 3 WLR 715; [1965] 3 All ER 296, PC

  Subsequent citations: 4.
  CONTRACT — Innocent misrepresentation — Rescission

  CONTRACT — Singapore — Contract
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  CONTRACT — Innocent misrepresentation — Rescission — Partnership — Purchase of shares — Misrepresentation as to state of business — Dissolution of partnership — Whether contract could be rescinded

  CONTRACT — Singapore — Contract — Innocent misrepresentation — Partnership — No affirmation after discovery of innocent misrepresentation — Election to rescind — Transaction not a nullity — No total failure of consideration — No unreasonable delay — Restitutio in integrum substantially possible — Rescission timely, just and fair — Recovery of money paid under contract

  3 Case(s) considered

• Kabaka’s Government v Attorney-General of Uganda

  27 May 1965 [1966] AC 1; [1965] 3 WLR 512, PC

  PARLIAMENT — Election — Electoral register

  PRIVY COUNCIL — Jurisdiction — Argument not raised below

  ELECTION — Uganda — Election
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  PARLIAMENT — Election — Electoral register — Purpose of — Inability of newly-qualified persons to be added to current register — Uganda

  PRIVY COUNCIL — Jurisdiction — Argument not raised below — Discretion of board to admit — Discretion exercised only in very exceptional circumstances — Prima facie case for new ground for contention not established

  ELECTION — Uganda — Election — “Persons entitled to vote” — Referendum — Referendum in 1964 to determine wishes of the inhabitants of two counties as to the territory of Uganda in which each should be included — Independence Order in Council providing that persons entitled to vote in referendum to be persons entitled to vote in constituencies — Referendum Act providing that register of voters for 1962 elections to be register of voters for referendum — Whether inconsistent with Order in Council — Electoral register of 1962 in force at time of referendum — Inability of newly-qualified persons to be added to current electoral register — Inability to vote in any election until new electoral register compiled — Purpose of electoral register — Legislative Council (Elections) Ordinance, 1957, ss 9 (1)-(3), 11 (2) (4) — Uganda (Independence) Order in Council, 1962, ss 26 (1) (b), 30 (5), Sch (Constitution of Uganda), s 44 — Referendum (Buyaga and Bugangazzi) Act, 1964, s 3

  1 Words & Phrases considered

  3 Overseas Enactments considered
• Inland Revenue Comrs v Parker (Inland Revenue Comrs v Tomlinson)

  28 Jul 1964 [1965] Ch 866; [1964] 3 WLR 1121; [1964] 3 All ER 510, Ch D

  08 Feb 1965 [1965] Ch 1032; [1965] 2 WLR 1141; [1967] 2 WLR 1141; [1965] 1 All ER 796, CA

  27 Jan 1966 [1966] AC 141; [1966] 2 WLR 486; [1966] 1 All ER 399; 43 TC 396, HL(E)

  Subsequent considerations : 2 positive; 5 neutral. Subsequent citations: 21.
  REVENUE — Tax advantage — Transaction in securities
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  REVENUE — Tax advantage — Transaction in securities — Redemption of bonus debentures — Capitalisation of accumulated profits — Issue of bonus debentures redeemable after seven years — Redemption — Whether debentures “security” — Whether scheme “obtained an issue or redemption or both” — Finance Act, 1960, ss 28, 43 (4)

  8 Case(s) considered

  4 Words & Phrases considered

  2 Statutes considered

• Comptroller of Customs v Western Lectric Co Ltd

  06 Oct 1965 [1966] AC 367; [1965] 3 WLR 1229; [1965] 3 All ER 599, PC

  Subsequent citations: 2.
  EVIDENCE — Admission — Knowledge

  FIJI — Customs — False customs entry
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  EVIDENCE — Admission — Knowledge — Admission made on reading labels and markings — Admission of matter of which no knowledge — Customs offence — Evidential value

  FIJI — Customs — False customs entry — Evidence — Admission made on reading labels — Evidential value

  2 Case(s) considered
• Wheat v E Lacon & Co Ltd

  13 Apr 1965 [1966] 1 QB 335; [1965] 3 WLR 142; [1965] 2 All ER 700, CA

  15 Feb 1966 [1966] AC 552; [1966] 2 WLR 581; [1966] 1 All ER 582, HL(E)

  Subsequent considerations : 3 positive; 3 neutral. Subsequent citations: 25.
  COURT OF APPEAL — Fact, question of — Appeal from lower court

  NEGLIGENCE — Contributory negligence — Duty owed by injured party

  OCCUPIERS' LIABILITY — “Common duty of care” — Inn

  OCCUPIERS' LIABILITY — “Occupation” — Inn
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  COURT OF APPEAL — Fact, question of — Appeal from lower court — Duty of appellate court to decide what inference should be drawn from undisputed evidence — Fall down stairs in dark — Cause of fall

  NEGLIGENCE — Contributory negligence — Duty owed by injured party — Descending staircase in dark — Duty to act carefully — Death of injured party — Whether contributory negligence

  OCCUPIERS' LIABILITY — “Common duty of care” — Inn — Paying guest killed by fall on staircase — Staircase left unlighted by manager — Standard of care — Liability of owners of inn — Occupier's Liability Act, 1957, ss 1, 2

  OCCUPIERS' LIABILITY — “Occupation” — Inn — Manager employed by owners of inn — Manager's wife allowed to take in paying guests in private part of premises — Right of owners to enter private part for specific purposes — Paying guest killed by fall on staircase in private part — Whether owners in “occupation” of staircase — Whether any duty of care owed — Whether in breach of duty — Occupiers' Liability Act, 1957, ss 1, 2

  10 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered
• Shareef v Comr for Registration of Indian and Pakistani Residents

  30 Jun 1965 [1966] AC 47; [1965] 3 WLR 704, PC

  Subsequent considerations : 1 negative.
  NATIONALITY — Ceylon — Citizenship

  NATURAL JUSTICE — Opportunity to meet charge — Registration as citizen
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  NATIONALITY — Ceylon — Citizenship — Indian and Pakistani residents — Application for registration as citizen — Inquiry by commissioner — Whether commissioner acting in semi-judicial capacity — Investigations into authenticity of document made without knowledge of applicant — Examination of witness on report not disclosed to applicant — Whether a failure to comply with principles of natural justice — Indian and Pakistani Residents (Citizenship) Act, No 3 of 1949 (as amended by Act No 37 of 1950 and Act No 45 of 1952), s 15

  NATURAL JUSTICE — Opportunity to meet charge — Registration as citizen — Investigations into authenticity of document — Report of investigating officer not disclosed to applicant — Whether compliance with principles of natural justice — Ceylon

  1 Case considered

  1 Overseas Enactment considered

• Utah Construction and Engineering Pty Ltd v Pataky

  07 Oct 1966 [1966] AC 629; [1966] 2 WLR 197; [1965] 3 All ER 650, PC

  Subsequent citations: 9.
  LOCAL GOVERNMENT — Australia — New South Wales

  STATUTORY INSTRUMENT — Validity — Whether ultra vires
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  LOCAL GOVERNMENT — Australia — New South Wales — Regulations — Excavation work — Power under statute to make regulations “relating to the manner of carrying out building work, excavation work or compressed work,” and “to safeguards and measures to be taken for securing the safety … of persons engaged in … excavation work” — Regulation prescribing “every drive and tunnel shall be securely protected and made safe for persons employed therein” — Whether extending scope or general operation of enactment — Validity — Scaffolding and Lifts Act, 1912–1960 (NSW), s 22 (1) (2) (g) (iv) (v) — Scaffolding and Lifts Regulations, reg 98

  STATUTORY INSTRUMENT — Validity — Whether ultra vires — Power under statute to prescribe “all matters … required or authorised … or necessary and convenient to be prescribed” for carrying out or giving effect to Act — Power to make regulations “relating to … the manner of carrying out … excavation work” and “safeguards and measures to be taken for securing the safety … of persons engaged in … excavation work” — Regulation providing “every drive and tunnel shall be securely protected and made safe for persons employed therein” — Whether relating to “the manner of carrying out … excavation work” — Whether relating to “safeguards … for securing safety” — Whether regulation ancillary to or extending scope of Act — Australia (New South Wales) — Scaffolding and Lifts Act, 1912–1960 (NSW), ss 22 (1) (2) (g) (iv) (v) — Scaffolding and Lifts Regulations, reg 98

  3 Case(s) considered

  2 Overseas Enactments considered