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Guidelines for selection of MD and CEO in public sector banks approved(20.08.2015)

The guidelines on selection of Managing Directors and Chief Executive Officers in public sector banks, other than the five large public sector banks, .....

Tags : Bank, management, selection, board

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Programmes for skill development and provision of apprenticeships(13.08.2015)

To provide skill training on a large scale, the government has introduced the 'Pradhan Mantri Kaushal Vikas Yojana' and 'Apprentice Protsahan Yojana'.....

Tags : scheme, workforce, skill, development

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Blast from the Past

Article 370 allows amendments without breaking applicability of the Act(30.03.1961)

Though the Supreme Court may feel embattled by the recent influx of cases birthed under the auspices of Article 370 of the Constitution – challenging .....

Tags : Article 370, Kashmir, amendment

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Terrorist laws cannot curtail or erode a person of the fundamental rights(11.03.1994)

Terrorism, and the outpouring of solidarity in the aftermath, may have a lay understanding today, but an appreciation of laws that enable a response i.....

Tags : Terrorism, confession, mens rea, abetment

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Blame your hair fall on the helmet(29.08.1988)

Given that India has some of the most unsafe roads in the world, it is indeed ironic that the struggle to coerce road users into adopting safety devic.....

Tags : helmet, two wheeler, fundamental right

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Abrogating the right to demonstrations(07.07.1958)

Striking and protesting, recognised as purveyors of social change in the country basically borne from them, are both a scourge and boon. How much so w.....

Tags : Demonstration, freedom of expression, government servant

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Taking the discrimination out with the guesswork(28.08.1981)

Courts nowadays usually work off a simple formula when faced with differing terms and conditions for appointment and retirement of men and women for t.....

Tags : Air india, gender discrimination, retirement, air hostess

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Personal laws not disturbed by fundamental rights(24.07.1951)

What could the Bombay High Court have said that stung Finance Minister Arun Jaitley so, leading him to call it “one of the most adverse judgments”. Af.....

Tags : Personal laws, bigamy, fundamental rights, social custom

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Saving the Brahmachari from wonting the vamp(05.04.1991)

The ban on women entering the ‘Sabarimala’ faces agitation again, but favourable or un-, lifted or not, the outcome will point to the current leanings.....

Tags : Sabarimala, ban, women, kerala

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Statute

Draft Rules setting higher vehicular pollution standards(27.11.2015)

The Ministry of Road Transport and Highways notified draft Rules to amend pollution standards in the Central Motor Vehicle Rules, 1989. The amendment .....

Tags : Motor vehicle rules, amendment, bharat stage

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More Bills to add to Parliament's backlog(05.12.2015)

The government introduced an additional 11 Bills to Parliament: four in the Lok Sabha and seven bound for the Rajya Sabha. The Bills are in addition t.....

Tags : Parliament, backlog, introduction, bills

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Real Estate (Regulation and Development) Bill, 2015(09.12.2015)

The Union Cabinet has approved amendments to the Real Estate (Regulation and Development) Bill, 2015 made by the Select Committee of Rajya Sabha. The .....

Tags : Real estate, bill, 2015, amendments

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Houses of Parliament pass several Bills(14.03.2016)

The Lok Sabha and Rajya Sabha kept up frenetic legislative activity, passing several Bills in the ‘first half’ of the Budget session. Of note is the R.....

Tags : Budget session, 2016, parliament, legislation

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Real estate bill passed, aadhaar number changes rejected(15.03.2016)

The Parliament kept up its newfound legislation fervour, approving the Real Estate (Regulation and Development) Bill, 2016, which aside from providing.....

Tags : Parliament, legislation, budget 2016, companies amemendment

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Sugar Cess (Amendment) Act, 2015 effective 1st February, 2016(28.01.2016)

The Sugar Cess (Amendment) Act, 2015 has been notified as effective of 1st February, 2016. The Act amends Section 3 of the Sugar Cess Act, 1982, incre.....

Tags : Sugar cess, amendment, duty

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New anti-trafficking Bill being drafted(15.02.2016)

The Ministry of Women and Child Development has begun drafting a new Bill to curb human trafficking in India. It seeks to legislate enforcement and pu.....

Tags : Human trafficking, immoral, amendment

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Real estate bill passed, aadhaar number changes rejected(15.03.2016)

The Parliament kept up its newfound legislation fervour, approving the Real Estate (Regulation and Development) Bill, 2016, which aside from providing.....

Tags : Parliament, legislation, budget 2016, companies amendment

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Draft Environment Laws (Amendment) Bill, 2015(07.10.2015)

The Ministry of Environment, Forest and Climate Change is inviting comments on its new Bill amending the Environment (Protection) Act, 1986 and the Na.....

Tags : Environment, bill, 2015, draft

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Negotiable Instruments (Amendment) Second Ordinance, 2015(22.09.2015)

The government introduced the Negotiable Instruments (Amendment) Second Ordinance, 2015. The Ordinance clarifies that jurisdiction for cheque bounce c.....

Tags : Cheque, ordinance, negotiable instruments, jurisdiction

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Draft Factories (Amendment) Act, 2015(23.10.2015)

The Ministry of Labour and Employment proposed a draft Factories (Amendment) Act, 2015 after making changes to an earlier Bill, 2014. The draft Act ba.....

Tags : Factories act, amendment, 2015,

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Public Procurement Bill reinvigorated for 2015(16.11.2015)

The Central Government is set to re-introduce the Public Procurement Bill, 2012 to Parliament, albeit with a few changes. Earlier in the year, the Min.....

Tags : Public procurement, bill, 2015

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Draft Patent (Amendment) Rules, 2015(19.11.2015)

The Ministry of Commerce and Industry has released draft Rules amending Patent Rules, 2003. Suggestions and objections on the draft Rules are being re.....

Tags : Patent, rules, draft amendment, 2015

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Legislation passed in Winter Session, 2015(28.12.2015)

The Goods and Services Tax framework for a homogenous tax code may have been put to bed yet again, but Parliament did break through an early onset of .....

Tags : Parliament, winter session, 2015, legislation

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International Cases

It is unlawful to discriminate against part-time workers, when a retirement pension falls due for payment(12.07.2017)

Appellant is a retired self-employed barrister, who also held part-time judicial office as a recorder (a part-time judge of Crown Court) between 1 Mar.....

Tags : Pension, Entitlement, Directives, Applicability

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Courts cannot be compelled to take a rigorous and technical view of appointment process(02.05.2019)

In present case, the Plaintiffs sought a declaration confirming their appointment as administrators of Traditional Therapy Clinics Ltd (In liq) (Compa.....

Tags : Appointment, Administrators, Declaration

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Liability in tort, delict or quasi-delict can only arise, if a causal connection can be established between damage and event in which that damage originates(21.03.2018)

In facts of present case, between May 2005 and February 2009, Mr. Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a ban.....

Tags : Conspiratorial agreement, Damages, Jurisdiction

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Carrying out of significant repairs to a vehicle on private property does not entail “use” of vehicle(27.03.2019)

Present appeal is concerned with the interpretation of a policy of motor insurance. The question is whether the policy confers on the insured owner of.....

Tags : Policy, Cover, Statutory requirements

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Mere fact of agreeing to an oral variation is not a contravention of the clause(16.05.2018)

In facts of present case, MWB Business Exchange Centres Ltd operates serviced offices in central London. On 12 August 2011, Rock Advertising Ltd. ente.....

Tags : Oral agreement, Variation, Validity

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Where a range of meanings are available and it is possible to light on one meaning which is not defamatory, Court is not obliged to select non-defamatory meaning(03.04.2019)

The Respondent to present appeal, Ronald Stocker, is the former husband of the Appellant, Nicola Stocker. Their marriage ended in acrimony in 2012. Mr.....

Tags : Defamatory statement, Re-determination, Words

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Court is empowered to make an order for pre-action discovery on basis that, Defendant has possession of information that will assist Plaintiff’s case(26.06.2019)

The Plaintiffs have applied for orders for pre-action discovery pursuant to Order 26A Rule 3 of the Rules of the Supreme Court 1971 (RSC). The first .....

Tags : Pre-action discovery, Documents, Discretion

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Contract be constituted by an offer and acceptance when putative offer reveal an intention to give rise, upon acceptance, to an obligation(11.05.2017)

Robert Ian Edwin Partridge died on 6 October 2008. By his will made on 29 December 1995, he appointed Appellant, Mrs. Lola Levingston, as his executri.....

Tags : Will, Agreement, Existence

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Homes built for sale to be treated the same way as homes built for lease(21.06.2019)

The Respondent, Xantha Properties 18 (Pty) Ltd, carries on business in the building construction industry. It embarked upon the construction of a prop.....

Tags : Provision, Applicability, Enrolment fee

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A document is restricted information, if the disclosure of same could reasonably be expected to frustrate the deliberative process of the Competition Commission(13.10.2017)

The initial complaint was submitted to the Commission by Mr Parsons ("the Parsons complaint") wherein he alleged that the tyre manufacturers simultane.....

Tags : Litigation privilege, Documents, Disclosure, Protection

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A freezing order should not be made unless risk of dissipation is established(22.08.2019)

The Applicants are the brother and sister-in-law of the late Terry Ray Woodley (the deceased). They are also creditors of his estate. The first Respon.....

Tags : Freezing order, Remedy, Entitlement

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Payment by employer to tax consultants to render assistance to expatriate employees is taxable ‘benefit or advantage’ as contemplated in the definition of ‘gross income’(06.09.2019)

The Appellant, BMW South Africa (Pty) Ltd (BMWSA), is part of the BMW Group (the Group) that manufactures and markets BMW vehicles and conducts worldw.....

Tags : Payment, Tax Consultant, Assessment, Legality

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There must be certainty of intention to create a trust on part of settler in relation to the subject-matter of trust and as to the beneficiary of the trust(02.10.2019)

On 20 September 1948, Nawab Moin Nawaz Jung (Moin) caused the sum of £1 million to be transferred from an account of the Government of Hyderabad held .....

Tags : Transfer, Fund, Entitlement

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Judicial pension scheme is not based upon individual appointments only; it includes a number of different appointments(16.12.2019)

Issue in present appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive, as applied by.....

Tags : Pension, Unequal treatment, Validity

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If a substantial part of the concerned item has been copied then a copyright infringement will be said to have taken place(29.01.2020)

The claimant ('Response') is a company based in Oswaldtwistle, Lancashire. It designs and markets clothing. The Defendant ('EWM') is a major retailer .....

Tags : Copyright Infringement

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Relatively low shareholder turnout does not prevent Court from making orders approving a scheme of arrangement(23.01.2020)

The Plaintiff, Pensana Metals Ltd (Pensana), applies for orders approving a proposed scheme of arrangement (Scheme). The Scheme meeting was convened a.....

Tags : Scheme, Arrangement, Approval

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Failure of a Registrar to sign a summons is susceptible to condonation(26.03.2020)

The crisp issue in present appeal is whether a summons which has not been signed by the registrar of the court is a nullity or a defective pleading wh.....

Tags : Summons, Signature, Peremptory requirement

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Global power play spills into Russian court(19.04.2016)

Russia’s Constitutional Court ruled against acceding to a European Court of Human Rights denouncement against Russian law that prohibits prisoners fro.....

Tags : russia, constitution, disenfranchisement, echr, prisoner rights

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Employer of an independent contractor is not liable for negligence or other torts committed by contractor in the course of execution of work(01.04.2020)

In present appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 19.....

Tags : Medical assessment, Assaults, Liability

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Application to reopen a case under same case number on same pleadings in order to thwart prescription is not permissible(20.04.2020)

The central issue in present appeal is whether, after an order of absolution from the instance at the end of a trial, the Appellant, Liberty Group Lim.....

Tags : Case re-opening, Entitlement

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Commission is not required to show any anti-competitive effects of agreement as anti-competitive effects are presumed(23.03.2017)

Present case concerns a complaint referral brought by Competition Commission against Respondents; Dawn Consolidated Holdings (Pty) Ltd ("Dawn"), DPI P.....

Tags : Shareholding Agreement, Contravention, Provision

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Prescription Act does not apply to claims for compensation under the RAF Act(06.05.2020)

Present appeal concerns the question whether the running of prescription in respect of Mr Koos Jacobs’ claim for damages under the Road Accident Fund .....

Tags : Compensation, Enactment, Applicability

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Income tax is charged on the employment income of an employed diver, which includes fiction that, diver is carrying on a trade(20.05.2020)

In facts of present case, Mr. Martin Fowler is a qualified diver who is resident in the Republic of South Africa. During the 2011/12 and 2012/13 tax y.....

Tags : Employment income, Tax, Levy

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Any order for further and better discovery is discretionary and the discretion must be exercised having regard to the objectives of case management(25.06.2020)

Present is the Plaintiff's application for discovery orders. The Plaintiff is seeking orders requiring the second Defendant to discover all applicatio.....

Tags : Discovery orders, Entitlement, Jurisdiction

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Regulations made under a statute cannot be used to interpret the governing statute(23.05.2020)

The Appellants appeal against an urgent interim interdict issued by the High Court, Pretoria, which prevents the South African Police Service (the SAP.....

Tags : Interim interdict, Implementation, Provision

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Production of notice of assessment is conclusive evidence that the assessment is properly made(07.08.2020)

An application is made by the Plaintiff, the Deputy Commissioner of Taxation, for judgment to be entered against the defendant pursuant to the Rules o.....

Tags : Debt dues, Payment, Recovery

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Court is not bound to approve any scheme and have discretionary over the same(05.10.2020)

The Plaintiff, Cassini Resources Ltd (Cassini), applies for orders approving two proposed schemes of arrangement (Acquisition Scheme and Demerger Sche.....

Tags : Amended scheme, Approval

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Police constables has right to bring proceedings before Employment Tribunals in order to challenge discrimination by chief officers and responsible officers(25.10.2017)

Present appeal concerns the directly effective right of police officers under EU law to have the principle of equal treatment applied to them. The que.....

Tags : Police officer, Rights, Equal Treatment

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An agreement to agree without a deadlock-breaking mechanism was not enforceable(15.10.2020)

The Appellants launched an application in the Gauteng Division of the High Court, Pretoria for orders declaring and enforcing servitudal rights. The s.....

Tags : Servitudal rights, Agreement, Enforceability

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Accommodation is not a home, it is a residence of limited duration for a specific purpose, that is time-bound by the academic year and subject to rotation(03.07.2023)

Present is an appeal against the order of the High Court, dismissing the Appellant’s application to evict the Respondents. The respondents had been ca.....

Tags : Accommodation, Eviction, Entitlement

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Court has a discretion to order an inspection if good faith and proper purpose is proved(13.06.2023)

By originating process filed 13thDecember, 2022, the Plaintiff sought an order pursuant to Section 247A of the Corporations Act, 2001 authorising the .....

Tags : Inspection, Records, Entitlement

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Court has power to allow liquidator to dispense with Rule 7.5(6) of Supreme Court (Corporations) Rules, 2004(24.08.2023)

By originating process filed on 6 April 2023 (Application), the first and second plaintiffs as liquidators (Liquidators) of Maybach Consulting Pty Ltd.....

Tags : Liquidator, Release, Entitlement

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A bank which gives a performance guarantee must honour that guarantee according to its terms(13.11.2020)

Appeal was filed by the Joint Venture between Aveng (Africa) Pty (Ltd) and Strabag International Gmbh (the Joint Venture) against the order of the Hig.....

Tags : Beneficiary, Performance guarantee, Payment

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Gambling tax is payable in respect of freeplay credits(04.09.2023)

The Board, together with Sun International Subsidiaries Grand west and Golden Valley casinos approached the Western Cape High Court for resolution of .....

Tags : Assessment, Gambling tax, Payment

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A public procurement contract concluded in breach of the legal provisions is invalid and cannot be enforced(15.09.2023)

Present appeal concerned a dispute arising from an addendum to a service level agreement duly concluded between the Appellant, Kunene RampalaInc.(KR I.....

Tags : Addendum, Agreement, Legality

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A collective agreement is a statutory construct, medical scheme is not recognized as a party to the collective agreement by the Labour Relations Act (LRA)(22.12.2023)

The appeal centred around a dispute between the South African Municipal Workers’ Union National Medical Scheme (appellant), a self-administered medica.....

Tags : Collective agreement, Rights, Entitlement

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Section 31 of the Insolvency Act serves as a sword for the liquidator in winding up the insolvent estate, rather than a shield for third parties in subsequent litigation(09.02.2024)

The Appellant, Mr. Chaim Cohen (Mr Cohen), seeks to avoid liability under a deed of suretyship executed in favour of the Respondent, Absa Bank Limited.....

Tags : Surety, Liability, Payment

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It is permissible to add a firm to an existing complaint subsequent to an investigation. Initiation does not require any level of formality(02.05.2017)

Present appeal is against an order of Competition Tribunal in which Tribunal dismissed a series of in limine objections raised by Appellants. On 1st S.....

Tags : Collusive bidding, Investigation, Settlement, Invitation

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Delay itself constitutes a breach of claimant’s Convention rights and gives rise to a right to bring proceedings under Human Rights Act(06.03.2019)

The central issue in present appeal is whether the Court of Appeal in Northern Ireland was entitled to order that, a claim for damages under Section 8.....

Tags : Investigation, Delay, Damages, Entitlement

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A curfew enforced by electronic tagging, clocking in and clocking out, and arrest or imprisonment for breach was a “classic detention or confinement”(12.02.2020)

Present case is about the meaning of imprisonment at common law and whether it should, or should not, now be aligned with the concept of deprivation o.....

Tags : False imprisonment, Compensation, Legality

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Non-fulfilment of the suspensive conditions renders the contract void ab initio(26.01.2024)

Present is an appeal against the judgment and order of the Gauteng Division of the high court, sitting as a court of first instance. The matter concer.....

Tags : Clause, Agreement, Validity

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A person must apply for registration as a credit provider, if the total principal debt exceeds the threshold prescribed(21.12.2023)

Present is an appeal against the decision of the High Court, where it is declared that a loan and an acknowledgment of debt (the AOD) was subject to t.....

Tags : Loan, Agreement, Repayment

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Imposition of a life sentence is not to be departed from ‘lightly and for flimsy reasons which could not withstand scrutiny’(14.03.2024)

The order of the high court was substituted with an order dismissing the appeal against the sentence imposed by the regional court, and reinstated the.....

Tags : Life imprisonment, Imposition, Legality

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Court has power under Section 25(9) of the Supreme Court Act, to appoint a receiver where it appears to be just and convenient(20.12.2023)

In facts of present case, the first Plaintiff, Jennifer Elizabeth Low, was appointed as liquidator of the second plaintiff, Midwest Marine Pty Ltd (Li.....

Tags : Appointment, Liquidator, Power

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Condonation applications are not a matter of formality, applicant must provide a proper explanation of the causes of the delay and explain each of the periods of delay(08.04.2024)

The Appellant was granted leave to appeal an order of the High Court. In terms of that order, the high court declared unlawful the Appellant’s demolit.....

Tags : Delay, Condonation, Entitlement

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Requirements for a claim based on unjust enrichment are that, defendant must be enriched, Plaintiff must be impoverished(04.04.2024)

The Appellants appeal against the judgment of the High Court in terms of which they were, ordered to pay the Respondent, Nedbank Limited (Nedbank) the.....

Tags : Payment, Direction, Legality

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Unless Defendants have the statutory defence, they have committed an offence(03.08.2017)

Present is an interlocutory appeal in a criminal case which concerns the correct construction of Section 92(1) of the Trade Marks Act, 1994. The Appel.....

Tags : Infringement, Provision, Interpretation

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A party to the dispute ought not be appointed as the administrator(10.11.2017)

By chamber summons filed 24 August 2017, the first and second Defendants sought an order appointing an administrator to the estate of the late Maria S.....

Tags : Probate, Appointment, Administrator

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Summary judgment should be awarded only in clearest of cases, where one party can demonstrate that, question will certainly be resolved in their favour(20.10.2017)

The primary judge granted summary judgment to the Deputy Commissioner of Taxation in two actions brought against the Appellants. The actions had been .....

Tags : Assessment, Validity, Estoppel

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A custody order must not be made unless the alleged offence is punishable by imprisonment and the judge is satisfied that, such an order is appropriate(27.09.2017)

In facts of present case, The charges against Accused are that, he attempted to unlawfully kill his wife contrary to Section 283(1) of the Criminal Co.....

Tags : Trial, Mental fitness, Custody order

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There must be a representation, omission or practice that was likely to mislead consumers in case of deception(24.09.2018)

In facts of present case, SCN was issued to Respondent pursuant to Enquiry Report concluded by Commission. Enquiry was authorized on complaint filed b.....

Tags : Trademark, Infringement, Deceptive marketing

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Florida’s sentencing scheme given the chop(12.01.2016)

The United States Supreme Court overwhelmingly held Florida’s sentencing scheme unconstitutional under the read»

Firm exercising characteristics of power against one player due to contractual relationship between the two, cannot be interpreted to imply that, it would be able to do so on a broader level(23.11.2017)

Present matter concerns two interlocutory applications, an amendment application and an exception application, arising from a private complaint referr.....

Tags : Prohibited practice, Complaint, Amendment, Exception, Application

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Passages in the Code of Practice cannot replace the statutory words, they do provide helpful advice as to the relatively low threshold of disadvantage(17.12.2018)

Mr Williams was employed by the second Respondent (“the University”) from 12 June 2000 until he retired for ill-health reasons with effect from 30 Jun.....

Tags : Inability, Work, Unfavourable treatment

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The appointment of an interim administrator will only be made if there is sufficient reason to do so(24.06.2021)

In present matter, an application is made on behalf of the first and second Plaintiffs seeking an order appointing them as the joint administrators of.....

Tags : Interim administrator, Appointment, Entitlement

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Solitary confinement of a person under 18 is not automatically a violation of Article 3 of the ECHR(09.07.2021)

In present case, on 10 December 2016, the Appellant, AB, pleaded guilty to offences of indecent exposure and sexual assault, and was remanded in custo.....

Tags : Solitary confinement, Rights, Violation

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Court can make an order relieving a person from civil liability for a broad range of contraventions if the person concerned acted honestly and no substantial injustice is caused to any person(15.07.2021)

In facts of present case, on 13 May 2021, the Plaintiff, Jit Sun Investments Pte Ltd (Jit Sun Investments), filed an originating process seeking order.....

Tags : Deregistered Company, Reinstatement, Registration

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While an appeal to Court of Appeal is by way of rehearing, a trial judge’s findings of fact should not be overturned simply because Court of Appeal would have found them differently(05.12.2018)

Present appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo. The six claimants were the owners and bill .....

Tags : Consignment, Damage to cargo, Burden of proof

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Commissioner is not bound by the three-year period of limitation where full amount of tax chargeable was not assessed due to fraud, misrepresentation, non-disclosure of material facts(15.10.2021)

The issue for determination before present Court was whether the High Court correctly held that, there was a sufficiently close causal link that exist.....

Tags : Assessment, Income, Additions

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Amendment ought not be allowed to defeat a limitation period(27.10.2021)

In present case, On 1 February 2021, the Plaintiff, Collgar Wind Farm Pty Ltd (Collgar), issued a writ naming RJE Global Pty Ltd (RJE Global) as the D.....

Tags : Amendment, Correction, Misnomer

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An inference may be drawn in favour of a party who bears the onus if it is the most probable inference to be drawn(10.01.2018)

Present case concerns two exceptions the Respondents have brought to a case referral from the Competition Commission. The Commission alleges that, in .....

Tags : Price fixation, Agreement, Anti-competitive, Contravention

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Statutory provision should not be interpreted so as to alter the common law unless the intention to do so was clearly reflected in the enactment(04.11.2021)

The appeal concerned the construction to be placed on ‘collection costs’ as defined in Section 1 and whether collection costs in Section 101(1)(g), as.....

Tags : Cost, Inclusion, Post-judgment

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Low shareholder turnout does not prevent the Court from making orders approving a scheme of arrangement(07.04.2022)

On 1 April 2022, Bardoc Gold Ltd moved for orders approving a scheme of arrangement between Bardoc and its shareholders pursuant to Section 411(4), an.....

Tags : Arrangement, Scheme, Approval

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Financial settlements between spouses reopened for non-disclosure of assets(14.10.2015)

The United Kingdom Supreme Court considered the effects of material non-disclosure at financial settlement between husband and wife on divorce in

Tags : Divorce, settlement, non-disclosure, financial, order

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When a judge decides that, an accused is not mentally fit to stand trial, it is then necessary to consider whether accused may become fit within six months(08.08.2019)

In present matter, on 29 July, 2019, the accused appeared at a hearing to determine whether he was fit to be tried. Reports obtained by the Court conc.....

Tags : Mental illness, Trial, Adjournment

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A settlement agreement can be set aside if it was fraudulently obtained(24.07.2024)

The Appellant and the Respondent were married, out of community of property, with the inclusion of the accrual system, on 4 November, 2000. Subsequent.....

Tags : Settlement agreement, Clauses, Common mistake

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Deeming provision had the effect of notionally separating the supply of services from the supply of goods, when in fact they were not separate supplies(03.04.2020)

Present appeal concerns the proper interpretation and application of Section 8(15) of the Value Added Tax Act 89 of 1991, in the context of a single s.....

Tags : Goods, Supply, Tax, Payment

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Payment obligation is only applicable as long as the land lease remained valid(05.08.2021)

Appeal is against impugned order of High Court, which upheld an application brought by Capital Propfund 4 (Pty) Ltd, for an order declaring a leases a.....

Tags : Leases assignment, Agreement, Ownership rights

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Process of interpretation should not be divorced from the circumstances surrounding the contract(03.07.2024)

In present matter, Phoenix Salt instituted an application in the Gauteng Division of the High Court, Johannesburg (the high court) to claim payment of.....

Tags : Payment, Enforcement, Right

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If the testimony provided by an expert is consistent with the infringement action then the infringement is liable to be proven(03.11.2017)

The background against which the instant Appeals have been filed is that InterDigital Communications, Inc.; InterDigital Technology Corp.; IPR Licensi.....

Tags : Patents, Infringement, Expert

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Inspection should only be refused if the redacted paragraphs are manifestly irrelevant(19.03.2018)

In present case, on 8 February 2018, the Plaintiff issued a subpoena to Mr Simon Guy Theobald, former administrator of the Defendant, requiring produc.....

Tags : Amending Agreement, Unredacted version, Inspection

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In absence of an available market, measure of loss is difference between contract rate and what was or ought reasonably to have been earned from employment of vessel under shorter charterparties(28.06.2017)

Present appeal concerns assessment of damages arising out of repudiation of a charterparty by charterers of a cruise ship called New Flamenco (“vessel.....

Tags : Award, Damages, Assessment

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In matrimonial disputes, a spouse may have an obligation to make provision for the payment of other expenses; but an obligation to duplicate it in circumstances is most improbable(18.07.2018)

In facts of present case, Mr Mills (“the husband” notwithstanding his divorce from Mrs Mills, “the wife”, in 2002) appeals against an order for upwa.....

Tags : Periodical payments, Discretion, Obligation

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Tender process is designed to induce competition in a very structured way by facilitating independent conduct of potential service providers(03.10.2018)

Present matter concerned a complaint referral by Competition Commission against two firms active in provision of brand activation services: Geometry G.....

Tags : Anti-Competitive Agreement, Contravention, Provisions

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Negligence by the business operator does not have to be proved(16.10.2020)

In facts of present case, Highbury Poultry Farm Produce Ltd. (“HPFPL”) operates a poultry slaughterhouse. The birds have their legs shackled to a movi.....

Tags : Strict liability, Negligence, Mensrea

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A treaty is binding upon each party in respect of its entire territory unless a different intention is expressed(16.10.2019)

The Appellants in present case are the executors of Mrs Beryl Coulter, who died in Jersey on 9 October 2007, leaving her residuary estate on trust for.....

Tags : Inheritance tax, Relief, Entitlement

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A private company running on commercial lines is not entitled to exemptions under Section 10 Income Tax Act(20.11.2020)

The Appellant, City Power Soc Limited (City Power), is a state-owned company that is wholly owned by the City of Johannesburg (the City). In 2014, it .....

Tags : Assessments, Exemption, Applicability

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Court’s discretion to determine that by whom and to what extent the costs of proceedings are to be paid must be exercised judicially(25.01.2018)

In facts of present case, the Respondent is the operator of a caravan park. The Appellants and the Respondent entered into a tenancy agreement in resp.....

Tags : Cost, Payment, Validity

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Attorney is entitled to move single application for the removal of their name from the roll of attorneys and their admission as an advocate(14.12.2020)

In present matter, the Respondents had all been admitted and enrolled as attorneys and wished to be advocates. They relied on Section 115 of the Legal.....

Tags : Enrolment, Legal practitioner, Right

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Court has broad powers under Section 21 of the Charitable Trusts Act, 1962 to make orders in respect of any property, money or income subject to a trust for charitable purposes(03.03.2021)

The Plaintiffs commenced present proceedings by originating summons filed 25 January 2021. The Plaintiffs seek relief, including declarations that the.....

Tags : Trust Fund, Legal costs, Entitlement

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In order to avoid liability under Section of COIDA, onus of satisfying the Court is on employer(04.03.2021)

In present case, On 5 April 2017 the Appellant, Ms Catherine Churchill, went to work as usual at the offices of the first Respondent, the Premier of 4.....

Tags : Damages, Compensation, Entitlement

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As long as age requirements are imposed for reasons that bear rational scrutiny, then requirements are not arbitrary(19.03.2021)

Present Appeal was against impugned order of the High Court, which declared the policy of the South African Navy (the Navy) to be invalid. The policy .....

Tags : Recruitment, Criteria, Legality

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Discretion to make a spent conviction order should be regarded as of an exceptional character(07.05.2021)

The Appellant was convicted on 27 October 2020 of breach of bail in Kalgoorlie Magistrates Court. She was fined $100 and ordered to pay costs. The App.....

Tags : Spent conviction, Entitlement, Hardship

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Court would lean against a construction of legislation which produces absurd or unworkable results(12.01.2022)

Present appeal concerns the extent of the “right to manage” conferred by Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act, 2002 (“the 20.....

Tags : Management, Statutory Right, Premises

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A party who had been deprived of the use of his or her capital for a period of time has suffered a loss and did not need to establish special proof of his or her damages(19.05.2022)

The appeal was about two companies, namely Houtbosplaas (Pty) Ltd (Houtbosplaas) and TBS Alpha Beleggings (Pty) Ltd (TBS Alpha) suing their erstwhile .....

Tags : Payment, Funds, Interest

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Likelihood of deception or confusion must be attributable to the resemblance of the marks themselves and not to extraneous matter(26.05.2022)

The Appellant, Open Horizon Ltd, had sought an order interdicting and restraining the Respondent, Carnilinx (Pty) Ltd, from infringing its PACIFIC tra.....

Tags : Infringement, Restraint, Deception

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Grantee cannot acquire more rights than those afforded by the grantor(04.11.2020)

Present appeal is directed against an order of the High Court, which upheld the exception raised by the Respondent, Tip Trans Resources (Pty) Ltd. (Ti.....

Tags : Contract, Rights, Entitlement

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Onus is on claimant to establish that money had been entrusted on his behalf to the attorney(28.07.2022)

The Appellant, a practising advocate made an application to the high Court for an order compelling the Respondent, the Legal Practitioners’ Fidelity F.....

Tags : Funds, Entrustment, Claim

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Court can make a winding up order on the just and equitable ground by reason of mismanagement or lack of confidence in the conduct and management of the company's affairs(01.07.2022)

By originating process which was amended on 14 February 2022, the Plaintiff seeks orders under the Corporations Act ,2001 for the reinstatement of Inf.....

Tags : Winding up, Reinstatement, Grant

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There must be some valid reason for the discretion to be exercised under Section 482(1) of the Corporations Act, 2001(09.08.2022)

The Plaintiff by originating process seeks orders pursuant to Section 482(1) and Section 482(1A) of the Corporations Act, 2001 for the winding up of H.....

Tags : Winding up, Stay, Entitlement

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Every disposition made after the commencement of the winding-up is void, unless the court had ordered otherwise(13.10.2022)

The appeal addressed the remuneration of fees of business rescue practitioners in respect of work performed after an application to convert business r.....

Tags : BRP, Payment, Validity

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Top Story

International Solar Alliance (ISA) becomes a Treaty-based International Inter-governmental organization(05.12.2017)

On 6th December 2017, the International Solar Alliance (ISA) becomes a treaty-based international inter-governmental organization as per its Framework.....

Tags : ISA, Organization, Inter-governmental

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An objection is part of the pre-litigation administrative process and is not a pleading(07.10.2022)

The issues in present appeal were whether it was permissible to amend the grounds of objection against an additional assessment issued by the Appellan.....

Tags : Assessment, Objection, Allowability

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International Solar Alliance (ISA) becomes a Treaty-based International Inter-governmental organization(05.12.2017)

On 6th December 2017, the International Solar Alliance (ISA) becomes a treaty-based international inter-governmental organization as per its Framework.....

Tags : ISA, Organization, Inter-governmental

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The party who raises a plea of prescription bears the onus of proof(07.11.2022)

Present is an appeal against the judgment of the High Court, granting the Respondent’s enrichment claim against the Appellant in an amount to be deter.....

Tags : Enrichment claim, Grant, Legality

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A trustee is entitled to the benefit of the lapse of time when, although he had done something legally or technically wrong, he had done nothing morally wrong or dishonest(28.02.2018)

Present appeal raises a well-formulated issue as to the construction of Section 21 of the Limitation Act 1980, and a rather more diffuse question as t.....

Tags : Fraud, Summary judgment, Suitability

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Agreement could be terminated by either party in terms of the legislation(28.10.2022)

The issue in the appeal was whether the Appellant, KeyHealth Medical Scheme (KeyHealth), was entitled to revoke the agreement it had with the Responde.....

Tags : Agreement, Revocation, Permission

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Rs. 20 lakh compensation for kin of Beas river deceased(02.01.2016)

The Himachal Pradesh High Court increased severally the interim compensation awarded to parents of students who drowned in Beas river in 2014. The inc.....

Tags : beas tragedy, 2014, compensation, assessment

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DARPAN – “Digital Advancement of Rural Post Office for A New India” launched(21.12.2017)

With the aim of enhancing the rural reach of the Department of Posts, the Minister of Communications launched DARPAN – “Digital Advancement of Rural P.....

Tags : DARPAN, Launch, Digital Advancement

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Notifications & Circulars

Central Board of Direct Taxes (CBDT) invites comments from stakeholders on Draft Income Computation and Disclosure Standards on Real Estate Transactions by 26th May, 2017(11.05.2017)

The Committee constituted by the Finance Minister to suggest the areas in respect of which further Income Computation and Disclosure Standards (ICDS) .....

Tags : Comments, Invitation, Income Computation

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Constitution not only provide protection for different religious beliefs and affiliation, it also guaranteed the freedom to observe and manifest the different religious beliefs(24.11.2022)

The interdict application had been brought by Mr. Chandra Giri Ellaurie. In terms of the interdict the high court ordered that the sound of the ‘Call .....

Tags : Noise, Interdict, Requirement

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Judgments

Government employee can face pension cuts if found guilty in department inquiry(23.06.2016)

A person found to have caused pecuniary loss to an authority by reason of misconduct or negligence can be punished despite having reached the age of s.....

Tags : departmental inquiry, former employee, pension

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Public property cannot be disposed of in favour of any one without adequate consideration(01.08.2016)

Instant public interest litigation filed raising a significant issue pertaining to government bungalows occupied by former Chief Ministers of the Stat.....

Tags : Government bungalows, Possession

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BBIN passenger vehicle movement promoting cross border participation and economic benefits regains momentum(15.01.2018)

As a landmark step, Bangladesh, India and Nepal have agreed on the operating procedures for passenger vehicle movement in the sub-region under the Ban.....

Tags : Agreement, Passenger vehicle, Cross border

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Cabinet approves proposal for Amendments to the NABARD Act, 1981(22.03.2017)

Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the following proposals:

(a) Amendments to National Bank for Agr.....

Tags : Enactment, Amendment, Approval

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Master Directions on Issuance and Operation of Prepaid Payment Instruments in India(20.03.2017)

As you are aware, the Reserve Bank of India has, from time to time, issued a number of circulars containing policy guidelines on Issuance and Operatio.....

Tags : Direction, Pre-paid payments, Operations

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Departmental Enquiry cannot be proceeded/continued after attaining superannuation age in absence of any provision(01.08.2016)

Withholding of the gratuity can therefore be only if there be the provisions for withholding it in the Act or if there being any service condition .....

Tags : Departmental enquiry, Validity, Superannuation age

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