Results.
8 judgments found.
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| August 1963 |
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Landlord and tenant—African owner of land—Agreement to sublet by non- African to non-African—Governor's consent necessary—No provision in agreement that subletting subject to Governor's consent-Governor's consent obtained after agreement effective-Whether consent retroactive—Whether agreement void and unenforceable—Land Transfer Ordinance (Cap. 114), s. 2 (U.)—Buganda Land Law, 1908, s. 2
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30 August 1963 |
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Landlord and tenant—Action for arrears of rent—Claim based on contract—No evidence given of any tenancy agreement—Claim not founded on use and occupation-Whether relief can be granted on the basis of use and occupation. Pleading-Landlord and tenant-Claim for rent-Claim based on contract— No evidence given of any tenancy agreement—Use and occupation not pleaded -Whether relief can be granted on the basis of use and occupation
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27 August 1963 |
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Income tax -Direction by Commissioner-Direction that certain income be that of the taxpayer-Direction to be in the Commissioner's opinion just and reasonable -Whether direction should so state-East African Income Tax (Management) Acts, 1952 and 1958, s. 23. Income tax-Direction by Commissioner—Appeal—Onus of proof that direction invalid-East African Income Tax (Management) Act, 1958, s. 115 (1). Income tax-Direction by Commissioner-Appeal-Evidence-No evidence that Commissioner had considered whether direction just and reasonable—Whether court may presume direction given regularly—Indian Evidence Act, 1872, s. 114. Income tax-Direction by Commissioner-Appeal-Purpose of transaction avoidance or reduction of tax liability — Whether taxpayer has right of appeal on question of fact—East African Income Tax (Management) Act, 1958, s. 113 (h), s. 115 (1) (b). Income tax-Direction by Commissioner—-Direction that certain income be that of the taxpayer-Purpose of transaction avoidance or reduction of tax liability -Whether direction can be made only respecting artificial or fictitious transactions—East African Income Tax (Management) Act, 1958, s. 23. Income tax-Direction by Commissioner-Direction aimed at two distinct transactions—Whether direction stands or falls as a whole—Whether direction bad in law if one transaction not for avoidance of tax-East African Income Tax (Management) Act, 1958, s. 23
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20 August 1963 |
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Street traffic-Driving under the influence of drink and driving dangerously— Appeal—Misdirection on fact alleged—Onus on appellant to show that findings unreasonable—Misdirection—Traffic Ordinance, 1951, s. 41, s. 43 (U.)-Road Traffic Act, 1930, s. 11 (1) and s. 49 (b) (U.K.)
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12 August 1963 |
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Pleading Plaint—Action for goods sold and delivered—No averment in body of plaint of date when goods sold and delivered—Account annexed to plaint— Account setting out dates of sales and payments on account—Plaint rejected as disclosing no cause of action—Whether annexure forms part of a plaint— Indian Civil Procedure Rules, O. VI, r. 17 and O. VII, r. 11 (a). to plead ex- Practice-Pleading-Plaint—Amendment-Limitation—Amendment emption from limitation—Indian Civil Procedure Rules, O. VI, r. 17
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8 August 1963 |
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Divorce Adultery-Condonation—Christian first marriage of husband—Second marriage of husband under Islamic law-First wife residing with husband after second marriage-First wife thereafter living apart from husband— Whether adultery of husband after first wife's departure condoned by her— Matrimonial Causes Ordinance (Cap. 364), s. 10 (2) (T.)
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8 August 1963 |
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Criminal law- Plea – Theft of government property- · Admission that property H stolen -Plea of guilty to a scheduled offence entered— No proof that thing stolen was government property—Minimum Sentences Act, 1963 (T.). Criminal law-Sentence-Theft of government property no- Proof that thing stolen was government property—Admission that property stolen—Plea of guilty to a scheduled offence entered—Sentence imposed under Minimum Sentences Act, 1963—Validity of sentence-Penal Code (Cap. 16), s. 265, s. 296 and s. 297 (T.)—Minimum Sentences Act, 1963, s. 5 (1) and (2) (T.)
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7 August 1963 |
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Practice Application by judgment-debtor for adjustment of decree—Application refused-Whether appeal lies—Indian Civil Procedure Rules, O. XXI, r. 2 (2) — Indian Civil Procedure Code, 1908, s. 2, s. 96 and s. 104. Appeal Further evidence—Appeal from ruling made after evidence of parties heard Application to admit fresh evidence—Evidence to destroy respondent's credibility Ruling not reliant upon respondent's evidence—Whether court will admit such evidence—Indian Civil Procedure Rules, O. XLI, r. 27- Indian Civil Procedure Code, 1908, s. 151
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1 August 1963 |
