Results: 90

• Davies v Davies Jenkins & Co Ltd

  21 Dec 1965 [1966] 1 WLR 446; [1966] 1 All ER 716, Ch D

  06 May 1966 [1966] 1 WLR 1094; [1966] 2 All ER 930, CA

  15 Mar 1967 [1968] AC 1097; [1967] 2 WLR 1139; [1967] 1 All ER 913; 44 TC 273, HL(E)

  Subsequent considerations : 1 positive; 1 negative. Subsequent citations: 4.
  REVENUE — Income tax — Discontinuance of trade

  STATUTE — Construction — Subsequent enactments
  Expand

  Case index catchwords

  REVENUE — Income tax — Discontinuance of trade — Company subvention agreement between associated companies — Associated company ceasing to trade — Subsequent payments received under agreement — Whether subvention payment relief available — “Receives” — Finance Act, 1953, s 20 (1) (9) (10)

  STATUTE — Construction — Subsequent enactments — Whether relevant in interpreting earlier one — Acts forming statutory code — Where no ambiguity not permissible to have regard to subsequent enactment as aid to construction — Finance Act, 1953, s 20 — Finance Act, 1954, s 18

  4 Case(s) considered

  1 Words & Phrases considered

  3 Statutes considered

• Kepong Prospecting Ltd v Schmidt

  03 Oct 1967 [1968] AC 810; [1968] 2 WLR 55, PC

  CONTRACT — Consideration — Definition

  CONTRACT — Consideration — Elements

  CONTRACT — Formation — Time

  MALAYSIA — Federal Court — Jurisdiction
  Expand

  Case index catchwords

  CONTRACT — Consideration — Definition — Consideration moving from person other than promisee — Jus quaesitum tertio — Whether existing — Malaysia — Contracts Ordinance (No 14 of 1950), s 2 (a) (b) (c) (d) (e)

  CONTRACT — Consideration — Elements — Payment for services — Claim for services to company “prior to … formation” — Whether company able to bind itself to pay for services claimed to have been rendered before incorporation — Inclusion of ineffective element not preventing another element from constituting valid consideration — Services rendered after incorporation and before date of agreement to pay — Valid consideration — Malaysia — Contracts Ordinance (No 14 of 1950), s 2 (d)

  CONTRACT — Formation — Time — Evidence — Date on face of document — Whether prima facie evidence of execution on that date — Onus probandi of different date of execution lying on person seeking to establish execution on different date — Malaysia

  MALAYSIA — Federal Court — Jurisdiction — Evidence — Finding of fact by trial judge — Evidence amply supporting different finding — Whether Federal Court bound to reach conclusion different from that of trial judge

  1 Case considered

  1 Overseas Enactment considered

• Nimmo v Alexander Cowan & Sons Ltd

  Subsequent citations: 25.
  Expand

  1 Case considered

• Haygarth v J & F Stone Lighting & Radio Ltd (Stone (J & F) Lighting & Radio Ltd v Haygarth)

  04 May 1965 [1966] 1 QB 91; [1965] 3 WLR 316; [1965] 2 All ER 662; 63 LGR 303, DC

  20 Oct 1966 [1968] AC 157; [1966] 3 WLR 879; [1966] 3 All ER 539; 65 LGR 1; 1 KIR 417, HL(E)

  Subsequent citations: 2.
  FACTORY — Definition — Premises partly used for repairs
  Expand

  Case index catchwords

  FACTORY — Definition — Premises partly used for repairs — Sale and hire of radio and television sets carried out in shop — Repairs carried out by employee in separate workroom — Whether “manual labour” — Whether premises a factory — Factories Act, 1961, s 175 (1)

  8 Case(s) considered

  1 Words & Phrases considered

  2 Statutes considered

• Public Prosecutor v Oie Hee Koi

  04 Dec 1967 [1968] AC 829; [1968] 2 WLR 715; [1968] 1 All ER 419, PC

  INTERNATIONAL LAW — War — Prisoners of war

  INTERNATIONAL LAW — Malaysia — International law
  Expand

  Case index catchwords

  INTERNATIONAL LAW — War — Prisoners of war — Geneva Convention — Whether nationals of detaining power protected — Whether protection given to non-nationals owing allegiance to detaining power — Provisional protection when “a doubt arises” as to status — Extent — Whether for accused to raise doubt — Inquiry into status not precluded by absence of notice to protecting power — Point not taken at trial — Whether subsequent conviction a mistrial — Members of regular forces fighting in enemy territory — Whether “any person” subject to domestic security legislation — Consent of public prosecutor to prosecution — Whether implied in prosecution — Malaysia — Internal Security Act, 1960 (Malaya), No 18 of 1960, ss 57 (1), 58 (1), 80 — Geneva Conventions Act, 1962 (Malaya), No 5 of 1962, ss 2, 4 (1), Sch 3, arts 4A, 5

  INTERNATIONAL LAW — Malaysia — International law — Geneva Convention — Members of armed force under Indonesian command captured in Malaya — Chinese Malaya either born or settled in Malaysia — No evidence of nationality — Whether “protected prisoners of war” — Whether a “doubt arises” as to status — Whether inquiry into status without notice to protecting power precluded — Charges of carrying firearms in security area — Consorting with Indonesian forces in security area — Members of regular forces fighting in enemy territory — Whether subject to domestic security legislation — “Any person” — Hand grenade — Whether misdescribed as ammunition — Consent of Public Prosecutor to prosecution — Whether implied in prosecution — Internal Security Act, 1960 (Malaya), ss 57 (1), 58 (1), 80 — Geneva Conventions Act, 1962 (Malaya), ss 2, 4 (1), Sch 3, arts 4A, 5

  2 Case(s) considered

  3 Words & Phrases considered

  2 Overseas Enactments considered

• Donaghey v Boulton & Paul Ltd

  20 Jun 1967 [1968] AC 1; [1967] 3 WLR 829; [1967] 2 All ER 1014; 2 KIR 787, HL(E)

  Subsequent citations: 25.
  BUILDING — Safety regulations — “Edge of the roof”

  BUILDING — Safety regulations — Roof of fragile materials

  BUILDING — Safety regulations — Subcontractor

  COURT OF APPEAL — Argument not raised below — Question of construction
  Expand

  Case index catchwords

  BUILDING — Safety regulations — “Edge of the roof” — Asbestos roof in course of construction — Removal of badly laid sheet — Fall of workman through opening in roof — Whether fall from edge — Applicability of regulation — Building (Safety, Health and Welfare) Regulations, 1948, reg 31 (1)

  BUILDING — Safety regulations — Roof of fragile materials — Duty to provide crawling-boards — Available on ground but not used on roof — Breach of regulations — Whether sub-contractors liable for breach — Building (Safety, Health and Welfare) Regulations, 1948, regs 4, 31 (3)

  BUILDING — Safety regulations — Subcontractor — Failure by subcontractor to comply with statutory requirements — Personal injuries to employee of subcontractor — Contractor's liability for breach of duty — Building (Safety, Health and Welfare) Regulations, 1948, reg 31 (1)

  COURT OF APPEAL — Argument not raised below — Question of construction — Application of safety regulation accepted — Question dependent on construction and uncontroverted facts — Whether regulation applicable

  6 Case(s) considered

  1 Words & Phrases considered

  1 Statutory Instrument considered

• Conway v Rimmer (Note)

  02 May 1968 [1968] 2 WLR 1535; [1968] 2 All ER 304, HL(E)

  Subsequent citations: 35.
  CROWN — Privilege — Evidence
  Expand

  Case index catchwords

  CROWN — Privilege — Evidence — Objection to produce documents — Class of documents — Reports relevant to action for malicious prosecution — Minister's objection on ground that disclosure of any document belonging to class of document injurious to public interest — Whether conclusive — Whether power in English court to inspect class document — Whether power in English court to overrule Crown objection in class case
• R, v Governor of Brixton Prison, Ex parte Armah

  12 Aug 1966 [1968] AC 192; [1966] 3 WLR 23; [1966] 3 WLR 828; [1966] 3 All ER 177, HL(E)

  Subsequent considerations : 1 neutral; most recently considered: 2007. Subsequent citations: 42.
  CRIME — Fugitive offender — Application of Act
  Expand

  Case index catchwords

  CRIME — Fugitive offender — Application of Act — Ghana — Republic constituted in 1960 — Suspension of Constitution following coup d'état in 1966 — Whether Act applies to Constitution of 1966 — Fugitive Offenders Act, 1881, s 2 — Ghana (Consequential Provision) Act, 1960, s 1 (1)

  2 Statutes considered
• Inland Revenue Comrs v Bates (Bates v Inland Revenue Comrs)

  02 Jun 1965 [1965] 1 WLR 1133; [1965] 3 All ER 64, CA

  08 Dec 1966 [1968] AC 483; [1967] 2 WLR 60; [1967] 1 All ER 84; 44 TC 225, HL(E)

  Subsequent considerations : 1 positive. Subsequent citations: 8.
  REVENUE — Surtax — Settlement
  Expand

  Case index catchwords

  REVENUE — Surtax — Settlement — Trust fund — Shares in trading company — Payments by company to settlor of capital sums — Whether company a “body corporate … connected with a settlement” — Reasonable part of company's income distributed in relevant years — Whether company within statutory definition — Statutory scheme for treating as part of income of settlor capital sums paid by company to extent of “income available” — Carry-forward scheme — Whether taxpayer liable to surtax on relevant parts of capital sums — Income Tax Act, 1952, ss 245, 408, 411 (4) (a) (b)

  2 Case(s) considered

  2 Words & Phrases considered

  2 Statutes considered

• McCollom v Wrightson

  12 Jul 1967 [1968] 1 QB 412; [1967] 3 WLR 1253; [1967] 3 All ER 257, DC

  06 Feb 1968 [1968] AC 522; [1968] 2 WLR 578; [1968] 1 All ER 514; 66 LGR 343, HL(E)

  Subsequent citations: 12.
  GAMING — Game of chance — Bingo
  Expand

  Case index catchwords

  GAMING — Game of chance — Bingo — Licensed premises — Free bingo — No stake hazarded and free prizes — Whether “gaming” taking place on premises — Whether members of public playing for “winnings” in money or money's worth — Betting, Gaming and Lotteries Act, 1963, ss 34 (1), 55 — Licensing Act, 1964, s 177 (1)

  3 Case(s) considered

  2 Words & Phrases considered

  4 Statutes considered