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Fiji Islands - FLR Volume 26 - Index & Digest

THE FIJI LAW REPORTS

of cases decided in
THE FIJI COURT OF APPEAL
and
THE SUPREME COURT OF FIJI

1980
VOLUME 26

This Volume may be cited as “26 F.L.R.”

EDITOR
THE HON. D.C. McGREGOR, ESQ., Q.C.
Former Judge Supreme Court of the Australian Capital Territory
and the Federal Court of Australia

PRICE:  $25.00

DIGEST AND INDEX	PAGE
COMPANY LAW     Affidavit verifying winding up Petition – acceptable method of proving debt.     In re.  Raza Shipping Company Limited	119
CRIMINAL LAW     Compulsory supervisory order – release – breach – return to prison.     Appellate powers of court derived from the Criminal Procedure does not deal with administrative matters.     Jeremaia Vakacegu v. Reginam	72
Conspiracy – that assessors do not include persons of nationality of accused did not invalidate trial – disposal of preliminary matter by Chief Justice then handing over to another Judge unexceptionable – immunity of witness may not be directed – direction recorroboration and lies.     Shardha Nand v. Reginam	137
Corporation of Accomplices – what may be adequate.     Jai Singh v. Reginam	67
Criminal Trespass S.218(2) – charge and particulars omitted “at night” – essential element – though evidence supported the occurrence “at night” – fundamental defect.     Rajendra Deo v. Reginam	116
Larceny – sufficiency of circumstantial evidence – failure to contradict evidence or offer explanation.     Nagga Muttu v. Reginam	85
Murder Trial – 2 Assessors only – when voir dire examination could be conducted – directions as at provision – intent – knowledge of accessory – solicitor’s present at interrogation – Judges’ Rules.     Shiu Narayan v. Reginam	165
No trial within a trial where accused merely denied confession. In trial within trial onus on prosecution to prove statement freely and voluntary.  Trial Judge’s decision ordinarily will not be disturbed.  Preferable that trial within a trial takes place when witness proposed to produce confessional statement. Police may confront suspect with witnesses providing no harassment.     Ajendra Kumar Singh v. Reginam	1
Supreme Court may set aside acquittal and convict – magistrate making material findings failing to advert to facilitating procedures in Criminal Procedure Code 123 (d).     D.P.P. v. Amenatave Vabasi	127
CROWN LAND     Native Land – Transfer to new owner – claim of equitable licence by one who had lived there without title – no registerable interest of reference to Native Land Trust Ordinance S.12 – no evidence transferee purchaser had been aware of occupant – no entitlement.     Sadhu v. Subarmani	132
DEFAMATION Slander     Defamation – reference to terms “fair comment”, “justification”, “aggravation” – onus.  Accusation of racial hatred defamatory.     Peter Anthony Lomas v. Frederick Caine	108
Libel     Libel in newspaper article – heading defamatory – damages may follow unless casual reading of rest of article will erase such impression.     Pran Gopal Chanda v. Vijendra Kumar	112
DETINUE AND CONVERSION     Conversion – damages for – workman’s lien – duty to mitigate.     Brij Bhushan Lal v. Graphic Equipment Limited	21
ESTATE & GIFT DUTIES     Application to Fiji Assets of American Citizens.     Fiji Resorts Ltd v. Commissioner of Estate & Gift Duties	38
INJUNCTION – TRAFFIC – INCREASE OF FARES  Traffic     Increase in bus fares pursuant to Act – public interest – Section 74 power exercisable in an emergency – Board to decide if “Public interest necessitates” – no irreparable damage.     K.R. Latchan Brothers Limited v. Transport Control Board	74
LANDLORD AND TENANT     Purported agreement for lease/option to purchase Hotel premises and lands illegal and void – defendant took possession – no prior consent by authorities to transactions – defendant’s entitlement to possession not sustainable because defendant on an illegal transaction.     Northern Hotel Limited v. Gordon C. Oliver	93
Subletting unreasonably withheld – No action for damages by lessee therefore if illegally in possession.     Kumar Gurdial Singh v. Mehar Singh	77
PASSING OFF     Action for passing off – available before business commenced in Fiji – plaintiffs’ business reputation need not yet be in Fiji nor with customers in Fiji – enough if confusion may occur in the future.     The Dairy Farm Company Limited v. Dairy Farm Ice Cream Company Limited.	28
Use of a business name calculated to deceive and thus to divert business or occasion confusion may be the subject of injunction.     Blue Lagoon Cruises Limited v. Richard Evanson	134
PRACTICE     Amendments, primary rule to allow.     Reddy Construction Company Limited v. Pacific Gas Company Limited	121
Damages – relationship of awards, Law Reform (Miscellaneous Provision) (Death and Interest) Cap. 20 and Compensation to Relatives Ordinance.     Jai Kissun & Gyan Chand v. Maciu Ualala & Another	61
PRACTICE AND PROCEDURE INTERNATIONAL LAW     Circumstances in which Foreign judgment may be registered in Fiji.       A Foreign judgment might not be registered in Fiji against a resident of Fiji unless the judgment debtor had submitted or agreed to submit to the Foreign Court or at the time the plaintiff commenced action in the Foreign Court the judgment debtor carried on business or ordinarily resided in the Foreign Country.     The National Bank of New Zealand Limited v. Paul Freeman	88

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