|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Copyright]
[Privacy]
[Disclaimers]
[Help]
[Feedback]
Fiji Islands - FLR Volume 2 - Table of Cases & Index |
THE
FIJI LAW REPORTS
CASES
DETERMINED BY THE
SUPREME COURT OF FIJI1908 TO 1925
VOL. II.
TABLE OF CASES REPORTED
IN THIS VOLUME**NOTE - The cases reported in this volume do not represent a complete record of all cases and matters of importance decided in the Supreme Court during the years under review, no sufficient material being available in other cases from which any report could be prepared.
PAGE
C
1
26
57
D
92
110
E
55
F
116
G
38
106
H
132
Hunt v. The Australasian United Steam Navigation Company Limited
72
I
51
L
Lepper, Robert - in the matter of registration of title to land by adverse possession
131
M
90
63
53
83
93
O
129
P
106
83
135
R
88
78
76
79
S
98
120
Spaeth v. Hallen 126
138
T
19
INDEX.
PAGE
ABORIGINAL - "native of India"
see DIVORCE
ADVERSE POSSESSION -
title obtained by (Caldwell v. Mongston)1
ARBITRATION-
cf. note at foot of judgment in Spaeth v. HallenSee SPAETH v. HALLEN, pp. 98, 120, 126.
105
AWARD AFTER ARBITRATION-
- principles governing the setting aside (Spaeth v. Hallen)
120
- not enforceable on motion - affords a right of action
(Spaeth v. Hallen)126
BILL OF LADING-
implied warranty vessel seaworthy (Hunt v. The A.U.S.N. Co. Ltd.)72
BILL OF SALE-
document void for non-compliance with Bills of Sale Ordinance 1879 - certain covenants divisible and therefore valid (Gunpat Chowdaree v. Jagai)106
BISHOP OF FIJI-
meaning of in will (Twitchell v. Floyd et al.)19
CHARITABLE USES ACT
26
COMMISSIONER-
writ of prohibition cannot issue from Supreme Court to, (Davidson v. Rashid)92
CONVICTION-
amendment of (Manohar v. Lucchinelli)90
COPRA-
- contract for - parties not ad idem (Moore & Co. v. Marks & Co.)63
- contract for carriage of - weight taken at port of destination (Morris, Hedstrom Ltd. v. Burns & Co. Ltd.)
83
CUSTOMS DUTY-
- metal drums of no commercial from (Morris, Hedstrom Ltd. v. Receiver-General)53
- dutiable goods-intent to defraud (Receiver-General v. Griffith)
76
CY-PRES
doctrine of22
DEBTOR
judgment - order of commitment can only be made under Judgment Debtor Ordinance 1886 (Patel v. Ramsewak Maharaj)106
DISTRESS WARRANT
right of entry (Ensor v. Morris, Hedstrom Limited)55
DIVORCE-
meaning of "aboriginal native of India" in Divorce Ordinance 1883 - principle upon which Court will act (Odin Amichand v. Suraji)129
ELECTION PETITION-
meaning of income arising from lands (Coubrough - petition of)57
FIJI, BISHOP OF
meaning of in will (Twitchell v. Floyd et al.)19
GOODS-
includes cattle under section 29 of Ordinance 5 of 187689
GUILTY KNOWLEDGE-
evidence which may be taken into consideration (Manohar v. Lucchinelli)91
INDIAN MARRIAGE CUSTOM
(Moti v. Bugwan Singh)93
INFORMATION-
- defective - no substantial miscarriage of justice (Rama Nair v. Ahmed)78
- Receiver-General no authority to delegate power to lay (Receiver-General v. Choonilal et al.)
79
INTENT TO DEFRAUD-
See CUSTOMS DUTY.
JURISDICTION OF COURT-
- to inquire into Act of State (Cameron et al. v. Campbell et al.)26, 37
- to prevent abuse of its procedure (Indar Singh el al. v, Kalia et al.)
51
- to re-hear a cause or matter (Din Mohamed Khan v. Gaspard)
110
LAND-
certificate of title (Caldwell v. Mongston)
See also REAL PROPERTY1
LEASE-
deposited by way of security held to be an mortgage (Griffiths v. Thomas)38
LEASE AND SUBLEASE-
on termination of lease original lessor to take at a valuation all things within the terms of original lessee's covenants (Spaeth v. Hallen)98
"LEVUKA" S.S.-
defective condition of refrigerating chambers (Hunt v. The A.U.S.N. Co. Ltd.)72
MARRIAGE-
- Indian custom, "actual marriage" recovery of gifts (Moti v. Bugwan Singh)- gift on - wife not being a party to defrauding creditors - good consideration (Sun Hing Tiy & Co. v. Fukayama)
138
MORTGAGE-
security - lease deposited by way of security (Griffiths v. Thomas)38
MORTMAIN-
See CHARITABLE USES.
NEGLIGENCE-
causing damage to bananas (Hunt v. The A.U.S.N. Co. Ltd.)72
ORIGINATING SUMMONS-
questions capable of being determined under Rule 6 of the Rules of the Supreme Court (April) 1906 relating to express trusts, &c. (Faddy v. Robertson et al.)116, 118
OWNER-
includes person entitled to possession under section 29, Ordinance 5, 187689
POLYNESIA, BISHOP OF (Twitchell v. Floyd et al.)
19
PRACTICE-
allegations of fraud in statement of claim-sufficiency of (Hickes v. Faddy)132
REAL PROPERTY ORDINANCE 1876-
- adverse possession - title obtained by (Caldwell v. Mongston)1
- certificate of purchase, issued by the Court consequent in sale of land final and binding (Din Mohamed Khan v. Gaspard)
110
- Court will not direct a trustee to execute a transfer in any case where he cannot give a good title - Court has power only to approve, not direct a sale (Faddy v. Kobertson et al.)
116
- acquisition of title by adverse possession - tenants in survivorship (in re Robert Lepper)
131
RENT DUE-
right of entry to prevent demolition of buildings (Ensor v. Morris, Hedstrom Ltd.)55
RES JUDICATA-
inherent jurisdiction of Court to prevent abuse of its procedure (Indar Singh el al. v, Kalia et al.)51
SHIPPING-
See HUNT v. THE A.U.S.N. Co. LTD.
MORRIS, HEDSTROM LTD. v. BURNS & Co., LTD.
STATE, ACT OF-
jurisdiction of Court37
TITLE-
indefeasibility of13
TONGA-
government of - seizure authorised by an Act of State into which the Court cannot inquire ( (Cameron et al. v. Campbell et al.)
26,37
TRUSTS-
- charitable 2222
- originating summons relating to administration of (Faddy v. Kobertson et al.)
116, 118
WEIGHTS-
"delivered" as opposed to "shipping" (Morris, Hedstrom Ltd. v. Burns & Co. Ltd.)83
WILL-
- meaning of expression Bishop of Fiji (Twitchell v. Floyd et al.)19
- construction of, person intended (Public Trustee v. Sanday et al.)
83
- gift to legitimate children (Public Trustee v. Vollmer el al.)
135
WRIT OF PROHIBITION-
cannot issue from Supreme Court to Commissioner (Davidson v. Rashid)92
PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/fj/indices/cases/FLR_Vol02_Index&TOC.html