Fiji Islands - FLR Volume 5

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Fiji Islands - FLR Volume 5 - Index

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Fiji Islands - FLR Volume 5 - Index

THE

FIJI LAW REPORTS

VOLUME V
1956-1957

GENERAL INDEX

Page

Children and Young Persons Ordinance, Cap. 6 -

Sections 12, 15 - young person - detention in gaol (Police v Wati)

12

Compromise of action by solicitor on behalf of client in forma pauperis -

Whether consent of court necessary (Surja Maharaj v. Krishna Prasad Mishra)

56

Criminal Procedure Code -

Section 248 - trial by judge with the aid of assessors - rejection of assessors' opinions (Dulare v Reginam)

1

Criminal libel -

Magistrate issuing summons charging lawyer with criminal libel of himself - complaint unsigned (Morgan v Rice)

7

Crown Lands Ordinance (now Cap. 138) -

Sections 15 and 38 - claim against Crown for relief against forfeiture of a Crown lease - Land (Transfer and Registration) Ordinance, Cap. 120 (now Cap. 136) sections 2 and 50 (Niranjan and Sons v. Attorney-General)

78

Fair Rents Ordinance -

Premises required for lessor's own occupation - requirements of a valid notice to quit (Hafiz v Dayabhai)

21

Fijian Regulation, No. 10 of 1948 -

Section 19 - witchcraft (Samu Buka v. Buli Nakorotubu)

26

Land (Transfer and Registration) Ordinance (Cap. 120) -

Real Property Limitation Acts (Imperial) of 1833 and 1874 - construction of section 10 - whether issue of certificate of title revives title lost to adverse possessor (Lee Bow Yiu v Patel)

62

Claim against Crown for relief against forfeiture of a Crown lease - Crown Lands Ordinance (now Cap. 138) sections 15 and 38 (Niranjan and Sons v. Attorney-General)

78

Sections 2(1), 14 and 29 considered - wood and iron building erected by tenant on registered land - circumstances under which such a building is a fixture and thus a part of the land or a chattel removable at the will of the tenant (Bhakshkar v Morrison)

97

Magistrates' Courts Ordinance -

Section 17 (4) - jurisdiction of Magistrates' Courts in action for possession where title to land in dispute (Bhimji v Daya)

23

Maintenance Orders (Facilities for Enforcement) Ordinance, Cap. 32 -

Order of New South Wales Court - cannot be varied by Magistrate's Court in Fiji (Pickering, Shirley Lois v. Arthur James Pickering)

90

Mataqali land-

Members suing in personal capacity - no right of action (Meli Kaliavu and Others v. Native Land Trust Board)

17

Mining Ordinance, Cap. 127 -

Partnership agreement requiring noting under section 119(3) - no right of action thereon until noted (Goverdhan and Another v. Gopi Chand)

92

Moneylenders Ordinance-

Undefended action on promissory note - examination of plaintiff by magistrate suo moto - section 15 applied - judgment for defendant - whether Magistrate's action sustainable on appeal (Naidu v Ratoto)

9

Section 3 - loan at interest - whether presumption arising that lender is a moneylender relates to other loans without interest (Sama v Mohammed)

13

Compound interest irrecoverable from borrower by assignee of debt (Durga Bania v. Ghurahu)

70

Mortmain Acts-

Whether operative in Fiji (Kempthorne, Leonard Stanley and Others v. Leonard Stanley Kempthorne and Others)

39

Motor Vehicles (Third Party Insurance) Ordinance-

Section 4 - special reasons for not imposing disqualification (Harnam Singh and Another v. Police)

58

Pacific Order in Council 1893 -

Article 35 - trial before H.B.M. High Commissioner's Court - whether Court of Appeal should amend Order for Trial under Article 35 (Regina v Leupa)

4

Penal Code-

Section 35(2) - whether person lodging complaint with police can be bound over under this subsection (Police v. Benjamin Prem Joseph)

29

Section 192(d) - whether licensed premises a public place in view of restrictions under Liquor Ordinance (Attorney-General v. Solomone Vula)

52

Section 209(1)(a) - entering upon land in possession of another with intent to intimidate - proof of "possession" (Nanhu v. Police)

75

Res ipsa loquitur -

No explanation of accident - insufficient to discharge onus of disproving negligence (Queensland Insurance Company Limited v. Fiji Builders Limited)

43

Separation and Maintenance (Summary Jurisdiction) Ordinance (Cap. 17) -

Order in favour of Moslem wife - whether validly made where parties already divorced according to Moslem precepts (Abdulla v. Karamtul)

28

Enforcement of order for maintenance - effect of adultery subsequent to the date of the order - meanings of the word "order" in sections 8 and 9, Car). 17 (now Cap. 31) - similar provisions in sections 6, 7 and 9 - Summary Jurisdiction (Married Women) Act 1895 compared (Permal Naidu v. Yeswant Kumari)

94

Winding Up Petition-

Breach of duty by director in negotiating secretly on behalf of principal shareholder whose interest he represented (Falkingham, Thomas & Another v. Alfred Ottaway and Others)

31

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	Page
Children and Young Persons Ordinance, Cap. 6 -
Sections 12, 15 - young person - detention in gaol (Police v Wati)	12

Compromise of action by solicitor on behalf of client in forma pauperis -
Whether consent of court necessary (Surja Maharaj v. Krishna Prasad Mishra)	56

Criminal Procedure Code -
Section 248 - trial by judge with the aid of assessors - rejection of assessors' opinions (Dulare v Reginam)	1

Criminal libel -
Magistrate issuing summons charging lawyer with criminal libel of himself - complaint unsigned (Morgan v Rice)	7

Crown Lands Ordinance (now Cap. 138) -
Sections 15 and 38 - claim against Crown for relief against forfeiture of a Crown lease - Land (Transfer and Registration) Ordinance, Cap. 120 (now Cap. 136) sections 2 and 50 (Niranjan and Sons v. Attorney-General)	78

Fair Rents Ordinance -
Premises required for lessor's own occupation - requirements of a valid notice to quit (Hafiz v Dayabhai)	21

Fijian Regulation, No. 10 of 1948 -
Section 19 - witchcraft (Samu Buka v. Buli Nakorotubu)	26

Land (Transfer and Registration) Ordinance (Cap. 120) -
Real Property Limitation Acts (Imperial) of 1833 and 1874 - construction of section 10 - whether issue of certificate of title revives title lost to adverse possessor (Lee Bow Yiu v Patel)	62
Claim against Crown for relief against forfeiture of a Crown lease - Crown Lands Ordinance (now Cap. 138) sections 15 and 38 (Niranjan and Sons v. Attorney-General)	78
Sections 2(1), 14 and 29 considered - wood and iron building erected by tenant on registered land - circumstances under which such a building is a fixture and thus a part of the land or a chattel removable at the will of the tenant (Bhakshkar v Morrison)	97

Magistrates' Courts Ordinance -
Section 17 (4) - jurisdiction of Magistrates' Courts in action for possession where title to land in dispute (Bhimji v Daya)	23

Maintenance Orders (Facilities for Enforcement) Ordinance, Cap. 32 -
Order of New South Wales Court - cannot be varied by Magistrate's Court in Fiji (Pickering, Shirley Lois v. Arthur James Pickering)	90

Mataqali land-
Members suing in personal capacity - no right of action (Meli Kaliavu and Others v. Native Land Trust Board)	17

Mining Ordinance, Cap. 127 -
Partnership agreement requiring noting under section 119(3) - no right of action thereon until noted (Goverdhan and Another v. Gopi Chand)	92

Moneylenders Ordinance-
Undefended action on promissory note - examination of plaintiff by magistrate suo moto - section 15 applied - judgment for defendant - whether Magistrate's action sustainable on appeal (Naidu v Ratoto)	9
Section 3 - loan at interest - whether presumption arising that lender is a moneylender relates to other loans without interest (Sama v Mohammed)	13
Compound interest irrecoverable from borrower by assignee of debt (Durga Bania v. Ghurahu)	70

Mortmain Acts-
Whether operative in Fiji (Kempthorne, Leonard Stanley and Others v. Leonard Stanley Kempthorne and Others)	39

Motor Vehicles (Third Party Insurance) Ordinance-
Section 4 - special reasons for not imposing disqualification (Harnam Singh and Another v. Police)	58

Pacific Order in Council 1893 -
Article 35 - trial before H.B.M. High Commissioner's Court - whether Court of Appeal should amend Order for Trial under Article 35 (Regina v Leupa)	4

Penal Code-
Section 35(2) - whether person lodging complaint with police can be bound over under this subsection (Police v. Benjamin Prem Joseph)	29
Section 192(d) - whether licensed premises a public place in view of restrictions under Liquor Ordinance (Attorney-General v. Solomone Vula)	52
Section 209(1)(a) - entering upon land in possession of another with intent to intimidate - proof of "possession" (Nanhu v. Police)	75

Res ipsa loquitur -
No explanation of accident - insufficient to discharge onus of disproving negligence (Queensland Insurance Company Limited v. Fiji Builders Limited)	43

Separation and Maintenance (Summary Jurisdiction) Ordinance (Cap. 17) -
Order in favour of Moslem wife - whether validly made where parties already divorced according to Moslem precepts (Abdulla v. Karamtul)	28
Enforcement of order for maintenance - effect of adultery subsequent to the date of the order - meanings of the word "order" in sections 8 and 9, Car). 17 (now Cap. 31) - similar provisions in sections 6, 7 and 9 - Summary Jurisdiction (Married Women) Act 1895 compared (Permal Naidu v. Yeswant Kumari)	94

Winding Up Petition-
Breach of duty by director in negotiating secretly on behalf of principal shareholder whose interest he represented (Falkingham, Thomas & Another v. Alfred Ottaway and Others)	31