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Citation
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Judgment date
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| November 1959 |
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Mohamedan law—Will—Oral will—Oral revocation of written will alleged— Requirements of the court before an oral will can be propounded
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17 November 1959 |
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Practice-Privy Council—Leave to appeal—Case remitted by appellate court to lower court for assessment of damages-Application for leave to appeal to Privy Council before damages assessed—Money value of matter in dispute— Whether amount of plaintiff's claim is measure of value of case to defendant — East African (Appeal to Privy Council) Order-in-Council, 1951, s. 3. Privy Council-Leave to appeal—Whether amount claimed by plaintiff is measure of value of matter in dispute to defendant—East African (Appeal to Privy Council) Order-in-Council, 1951, s. 3. Privy Council-Leave to appeal—Whether procedural matters can constitute matters of great public and general importance—East African (Appeal to Privy Council) Order-in-Council, 1951, s
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13 November 1959 |
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Criminal law-Insanity—Murder—Accused labouring under delusion—Accused admitting killing and surrendering to police "to be killed"—Whether admission shows accused aware that act was wrong—Penal Code (Cap. 24), s. 13 (K.)—Criminal Procedure Code (Cap. 27), s. 166 (K.). Criminal law-Evidence-Confession to police officer-Confession proved for the purpose of submission that the accused was insane—Whether confession proved “as against" the accused—Indian Evidence Act, 1872, s. 25
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10 November 1959 |
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Rent Restriction—Appeal—Application for assessment of standard rent by tenant-Landlord's contention that premises reconstructed—No evidence of reconstruction before board-Standard rent assessed for a period going back to beyond two years-Whether board has power to make such an order- Rent Restriction Decree, 1953, s. 4, s. 9 and s. 23 (3) (Z.)
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7 November 1959 |
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Practice-Preservation of property in issue-Claim based on cheques and promissory notes — Order of court directing bank to retain proceeds of cheque pending further order—Application to rescind order-Civil Procedure Rules, O. 37, r. 7 (1) (a) (U.)
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7 November 1959 |
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Bank-Mistake—Action to recover money credited to customer's bank account under mistake—Mistake induced by fraud of bank clerk—Customer making C payments to bank clerk without knowledge of fraud after checking bank balance-Whether customer entitled to defence of estoppel-Indian Evidence Act, 1872, s. 115—Indian Contract Act, 1872, s. 72. Mistake-Mistake of fact—Money paid under mistake of fact induced by fraud -Recovery-Payments made fraudulently from one customer's account to another account at the same bank—Whether bank can recover from customer whose account was credited-Estoppel not pleaded—Indian Contract Act, 1872, s. 72-Indian Evidence Act, 1872, s. 115
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2 November 1959 |
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Costs-Successful party deprived of costs-Inter-pleader proceedings for award of compensation arising from re-settlement scheme-Appeal against judgment dismissed—Order as to costs of trial court varied on appeal on the ground that issues should have been framed—Whether variation justified—Indian Code of Civil Procedure, 1908, s. 35
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2 November 1959 |
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Criminal law-Practice-Evidence-Comparison of deposition with evidence of witness at trial-Passages from deposition put to witness in cross-examination without putting deposition in evidence-Correct procedure to adopt-Indian Evidence Act, 1872, s. 145 and s. 155—Prevention of Corruption Ordinance, s. 3 (2) (T.)
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2 November 1959 |
| October 1959 |
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Mortgage-Foreclosure and Sale-Procedure to be followed-Whether general rules of civil procedure ousted by Rules of Court (Mortgage Suits Consolidation) Civil Procedure Rules, 1927, O. XIX, r. 75 and r. 77 to r. 89 (K.)—Civil Procedure (Revised) Rules, 1948, O. XXI, r. 72 to r. 85, 0. XXXVI, r. 3A, Appendix C, Forms Nos. 3 to 11, (K.)—Indian Transfer of Property Act, 1882, s. 86, s. 88, s. 89 and s. 104—Rules of Court (Mortgage Suits Consolidation), r. 6, r. 12, r. 13, r. 14, r. 15, r. 17 and r. 18 (K.)—Indian Code of Civil Procedure, s. 310A-Indian Rules of Civil Procedure, O. XXI, r 89, O. XXXIV—Indian Acts (Amendments) Ordinance (Cap. 2), H s. 85 to s. 90 (K.)—Civil Procedure Ordinance, (Cap. 5), s. 1 (2), s. 3, s. 81 (K.)—Rules of Court (Mortgage Suits), 1932 (K.)
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30 October 1959 |
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Guarantee Plaint—Claim based on guarantee of promissory notes—No consideration for guarantee expressly pleaded—Whether the plaint is with promissory. notes attached raise presumption of consideration sufficient to disclose cause of action—Indian Code of Civil Procedure 1908, O. 6, r. 1 and O. 7, r. 11—Indian Contract Act 1872, s. 10 and s. 127- -Indian Evidence Act 1872, s. 114—Bills of Exchange Ordinance (Cap. 215), s. 30 (1) (T.)
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30 October 1959 |
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Habeas Corpus Deportation-Applicant arrested and held in custody pending inquiry into question of deportation—Whether any time limit for inquiry— Whether applicant can be held in custody pending inquiry-Deportation Ordinance, 1956, s. 3, s. 4, s. 7, s. 14 (U.)
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30 October 1959 |
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Jurisdiction-Compulsory acquisition of land-Compensation awarded by Collector -Reference to "court". "Award" by High Court-Whether further appeal lies-Whether "award" is an order from which a further appeal lies—Indian Land Acquisition Act, 1894, s. 6, s. 16, s. 18, s. 26, s. 54—Africa Order-in-Council, 1899-Appeals Ordinance, 1902-East African Order-in-Council, 1897, art. 7, art. 30—Eastern African Protectorates (Court of Appeal) Order- in-Council, 1902, art. 2-Africa Order-in-Council, 1892-Eastern Africa Court of Appeal Order-in-Council, 1950-Uganda Order-in-Council, 1902, art. 15 (U.)—Uganda Appeal Ordinance, 1904, s. 7 (U.)—Uganda Appeal Ordinance, 1910, s. 3 and s. 6 (U.)—Courts Ordinance, 1911 (U.)—Courts Ordinance, 1919, s. 12, s. 15 (U.)—Subordinate Courts Ordinance, 1940, s. 13 (U.)—Civil Procedure Ordinance, 1928, s. 77 (1) (U.)—Civil Procedure Rules, O. 43, r. 12 (U.)
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29 October 1959 |
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Criminal law-Evidence-Corruption—Evidence of witness contradictory to statement to police—Explanation by witness of inconsistencies—Application by counsel for accused to see statements to police—Application refused on C ground that contradictions not material—Whether contradictions material—– Whether if contradictions material failure of justice has occurred—Prevention of Corruption Ordinance (Cap. 136), s. 3, s. 10 (A.)—Criminal Procedure Ordinance, s. 115 (2) and (3), s. 363 (A.)—Evidence Ordinance, s. 161 (A.)
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28 October 1959 |
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Charity-Trust to ensure publication of newspapers, Objects educational- Trustees required to ensure objective dissemination of news and matters of public interest-Whether trust is charitable-Charitable Uses Act, 1601. Charity Trust to ensure publication of newspapers-Objects educational— Proposal to transfer management of papers to parties not bound by trust- Whether scheme ultra vires the trust-Cy pres doctrine
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27 October 1959 |
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Immigration-Charge of failing to attend when summoned by immigration officer-Accused suspected of being prohibited immigrant—Whether immi- gration officer required to have reasonable grounds for suspicions and to disclose grounds—Immigration Ordinance, 1956, s. 4 (1) (b), s. 4 (3) and s. 4 (4) (a) (K.)
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26 October 1959 |
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Damages Assessment-Sum paid into court-Judgment awarding damages containing references to sum paid into court—Whether award of damages influenced by payment into court
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20 October 1959 |
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Evidence-Agreement for sale of freehold land—Clause stating that “vendor sells and purchasers purchase”—Whether agreement effects an actual sale— Whether agreement admissible in evidence if unregistered-Crown Lands Ordinance (Cap. 155), s. 126, s. 127, s. 129 (K.)—Indian Transfer of Property Act, 1882, s. 54, s. 55, s. 117—Indian Registration Act, 1908, s. 17, s. 49
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20 October 1959 |
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Appeal-Application for extension of time for lodging appeal-Application made after prescribed time expired-Affidavit supporting application containing insufficient information — Further affidavit sworn Whether application competent Information required by appellate court in supporting affidavit to enable court to determine application—Eastern African Court of Appeal Rules, 1954, r. 9, r. 54
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20 October 1959 |
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Criminal law—Trial-Plea—Deaf mute—Criminal Procedure Code, s. 169 (T.)
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16 October 1959 |
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Criminal law - Trial Irregularity Assessors asked specific questions, but opinions were not taken on the case generally—Whether irregularity fatal or accused prejudiced-Criminal Procedure Code (Cap. 27), s. 318, s. 381 (K.)
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13 October 1959 |
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Divorce-Stay of proceedings-Petition presented in Kenya by husband—Petition presented by wife in England-Petition in Kenya adjourned sine die—Whether concurrent proceedings can lead to inconsistent decrees-Matrimonial Causes Ordinance (Cap. 145), s. 3 (K.) — Matrimonial Causes Rules, r. 4(1)(ƒ)(K.)
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7 October 1959 |
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Immigration-Charge—Particulars of offence specifying several alleged infringements of law-Whether charge defective-Immigration Ordinance, 1959, s. 15 (1) (i), (K.)
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6 October 1959 |
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Criminal law―Judgment—Irregularity—Judgment failing to comply with statutory requirements—Effect of non-compliance—Whether the record contains sufficient material appellate court will consider and decide the appeal on the merits— Criminal Procedure Code, s. 171 (1) (T.)
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6 October 1959 |
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Criminal law-Sentence—Compensation payable out of fine-When court may properly order payment of compensation-Criminal Procedure Code (Cap. 27), s. 175 (1) (b) (K.)
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6 October 1959 |
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Street traffic-Practice-Written plea of guilty-Charge of drinking intoxicating liquor when in charge of public service vehicle-Proceedings commenced by notice instead of summons—Whether written plea of guilty permissible for offence charged-Traffic Ordinance, 1953, s. 44 (1), s. 113 (K.). Street traffic-Practice-Charge of drinking intoxicating liquor when in charge of a public service vehicle-Particulars of charge defective-Whether any offence alleged—Traffic Ordinance, 1953, s. 44 (1) (K.)
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6 October 1959 |
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Criminal law—Plea—Accused admitting charge of neglect of duty by servant in preserving employer's property—Particulars of offence defective-No averment in particulars of lawful act which accused refused or omitted to do -Whether accused's plea constitutes unequivocal admission of offence charged-Employment Ordinance, s. 67 (1) (b) (K.)
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6 October 1959 |
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Appeal Jurisdiction-Private prosecutor-Accused acquitted by magistrate— Appeal by case stated dismissed—Further appeal filed by private prosecutor without consent of attorney-general-Whether second appeal competent— Penal Code (Cap. 24), s. 308, s. 309 (K.)—Criminal Procedure Code (Cap. 27), s. 2, s. 86, s. 88, s. 89, s. 90, s. 171, s. 360, s. 367 (K.)
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6 October 1959 |
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Mohamedan law-Infant-Custody—Parents both Muslims of different sects— Whether law of either religious community applicable—Whether anyone has absolute right to custody of infant
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5 October 1959 |
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Practice-Pleading—Action against partners of dissolved firm—Partners sued by their individual names and as former partners-Partners entering appearance individually—Joint defence filed—Application to strike out appearances and defence-Civil Procedure (Revised) Rules, 1948, O. XXIX, r. 1 (K.)
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4 October 1959 |
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Rent restriction—Standard rent—Substantial reconstruction of premises— Application for assessment of standard rent—Change of character and identity of dwelling house by alterations—Whether house “substantially reconstructed”- Rent Restriction Decree, 1953, s. 4 (1) (a) and (b) (Z.)
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3 October 1959 |
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Guarantee-Construction—Interest stated in schedule but not in body of bond- Whether guarantor liable to pay interest-Default in instalment by principal debtor-Whether delay in notifying default to guarantor discharges liability -Indian Contract Act, 1872, s. 134 and s. 137
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1 October 1959 |
| September 1959 |
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Practice Court of Appeal-Record for appeal lodged without copy of decree appealed from—Application for leave to file supplementary record including decree made and granted—Whether appeal competent-Eastern African Court of Appeal Rules, 1954, r. 56, r. 62 (4) (e)
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24 September 1959 |
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Criminal law-Jurisdiction—Conviction of accused after plea of “not guilty”- No evidence called-Whether conviction ultra vires. Criminal law-Practice-Withdrawal of charge by Crown after accused admits charge—Magistrate subsequently proceeding to conviction and sentence— Whether conviction and sentence valid-Penal Code (Cap. 24), s. 270 (K.)— Criminal Procedure Code (Cap. 27), s. 87, s. 320 and s. 321 (K.)
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22 September 1959 |
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Criminal law-Evidence-Confession-Admission of charges to police officers while in custody—Allegation by accused that confessions obtained by force— No inquiry by trial magistrate whether confessions made voluntarily— Whether confessions admissible—Whether safe to convict upon retracted confession in absence of corroboration—Indian Evidence Act, 1872, s. 25
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21 September 1959 |
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Rent restriction-Premises comprising shop and dwelling accommodation—No express provision in lease as to nature of letting—Whether "contemplated user” or “actual user" is primary factor in determining whether premises subject to rent restriction—Rent Restriction Ordinance (Cap. 301), s. 2 C (2) (T.)
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16 September 1959 |
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Mohamedan law-Wakf—Bequest for charitable objects to be chosen by executors -Whether the wakf is valid or void for uncertainty. Administration of estates—Bequest for charitable objects to be chosen by executors —Death of executors before charitable objects chosen—Whether the court has the power to select charitable objects to give effect to the bequest
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10 September 1959 |
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Rent restriction—Jurisdiction—Application by tenant to determine standard rent and for refund of excess rent-Application heard partly by board and partly by chairman alone-Decision of chairman alone-Whether chairman of board sitting alone entitled to decide application—Rent Restriction Ordinance, s. 2 (2) and 6 (2) (T.)—Rent Restriction (Authorisation) Order, 1951 (T.)
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3 September 1959 |
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Criminal law—Practice—Trial—Accused alleged to be unlawfully within Colony— Burden of proof placed on accused by law—Accused required to make his defence that presence lawful-Prosecution case presented afterwards- Whether procedure adopted correct-Immigration Ordinance 1956, s. 15 (1) and s. 18 (K.)—Criminal Procedure Code (Cap. 27), s. 206 and s. 210 (K.). Criminal law-Evidence-Onus of proof placed by law on defense—Standard of proof required to discharge onus-Indian Evidence Act, 1872, s. 105
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2 September 1959 |
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Criminal law-Corruption-Search warrant endorsed for execution by one police inspector but executed by another-Car radio seized different from that authorised by the search-Bribe offered to release the radio seized-Whether offence committed—Prevention of Corruption Ordinance, 1956, s. 3 (2) (K.)
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2 September 1959 |
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Criminal law-Theft by servant—Pay of police constables handed to police officer for payment to constables-Money stolen by domestic servant of police officer-Whether theft by servant or simple theft-Penal Code, s. 263, s. 267, s. 270 and s. 276 (K.)
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2 September 1959 |
| August 1959 |
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Practice-Application for prerogative order-Crown practice-Proceedings incorrectly intituled-How such proceedings should be intituled
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21 August 1959 |
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Probate Practice—Revocation of grant—Contested application for revocation— Whether procedure by action or by motion appropriate—Indian Succession Act, 1865, s. 234, s. 238, s. 244 and s. 261—Civil Procedure (Revised) Rules, 1948, O. IV, r. 1 and O. L, r. 1 (K.)—Indian Acts (Amendments) Ordinance (Cap. 2), (K.)—Civil Procedure Ordinance (Cap. 5), s. 89 and s. 100 (K.)
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19 August 1959 |
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Criminal law-Plea-Manufacturing native intoxicating liquor-Admission by accused not amounting to unequivocal plea of guilty to offence charged- Native Liquor Ordinance (Cap. 106), s. 22 (1) (K.)
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12 August 1959 |
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Criminal law-Charge-Receiving stolen property-Several articles found in possession of accused Articles stolen from different persons-Receipt of each article the subject of distinct count—Whether misjoinder has occurred -Penal Code (Cap. 24), s. 317 (1) (K.)—Indian Evidence Act, 1872, s. 105
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12 August 1959 |
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Criminal law-Forfeiture of vehicle-Vehicle alleged to have been used in commission of offence-No specific finding by trial magistrate that car used - Whether order of forfeiture can be sustained—Penal Code, s. 306 (K.)
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12 August 1959 |
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Landlord and tenant—Agreement to lease—Assignment of leasehold interest by C original landlord to new landlords—Intimation of change of landlords to lessee—Assignment not registered—Effect of non-registration—Registration of Titles Ordinance (Cap. 123) s. 51 (U.). Distress-Illegal distress-Non-payment of rent-Distress levied on goods subject to bill of sale—Distress levied by court broker on instructions from persons not entitled to distrain—Damages—Court broker's liability— Whether court broker a "public officer" acting in pursuance of a "public duty or authority"—Suits By or Against the Government Ordinance (Cap. 7) s. 4 (U.)—Civil Procedure Ordinance (Cap. 6) s. 2 (g) (U.)—Distress for Rent (Bailiffs) Ordinance (Cap. 16) s. 3 (U.)—Public Authorities Protection Act, 1893, s. 1-Law of Distress Amendment Act, 1888, s. 7
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11 August 1959 |
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Practice—Stay of execution pending appeal to Privy Council-Taxed costs- When a stay will be ordered-Eastern African Court of Appeal Order-in-Council, 1950, s. 14 (b)—Eastern African (Appeal to Privy Council) Order-in-Council, 1951, s. 7
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5 August 1959 |
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Practice Summary procedure—Conditional leave to defend granted by subordinate court-Application to High Court for revision of order—Powers of High Court to revise interlocutory order-Indian Code of Civil Procedure, 1908, s. 115. Bill of Exchange-Cheque payable to cash or bearer-Whether such a cheque is a "bill of exchange, hundi or promissory note" within O. 37, r. 2 of Indian Code of Civil Procedure, 1908–Bills of Exchange Ordinance (Cap. 215), s. 2 (T.)
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4 August 1959 |
| July 1959 |
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Street traffic-Vehicle used whilst steering, tyres, brakes, and mechanical condition defective-Vehicle owned by firm of which accused sole proprietrix— Whether accused ignorant of state of vehicle can be properly convicted of “causing" vehicle to be used whilst defective—Traffic Ordinance (Cap. 168), s. 36, s. 63 (T.)—The Traffic Rules, r. 29, r. 45, r. 65 (T.)—Indian Evidence Act 1872, s. 105, s. 106—Indian Acts (Application) Ordinance (Cap. 2) s. 8-Road Traffic Act, 1930, s. 67, s. 72
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28 July 1959 |
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Street traffic-Driving permit suspended-Conviction for carrying passengers in commercial vehicle—Whether conviction is offence "in connection with the driving of motor vehicle”—Traffic Ordinance, s. 60, s. 77 (U.)—Motor Car Act, 1903, s. 4
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27 July 1959 |