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Fiji Islands - FLR Volume 27 - Digest & Index

THE FIJI LAW REPORTS

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

1981
VOLUME 27

This Volume may be cited as “27 F.L.R.”

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

PRICE:  $25.00

 

DIGEST AND INDEX	PAGE
COMPANY LAW     Affidavit verifying petition need not to be served on judgment debtor in winding up proceedings – better practice is to do so.     Re. Hitson Limited	88
Bill of Sale – given by company – Bills of Sale Act do not apply – registrable as charge under Companies Act.     Nausori Daily Transport Ltd v. Shiu Narayan	131
CONTRACT     Sale of “new car” – meaning of “new” – capitalised interest – not a penalty but as essential part of the contract.     Vijay Raghwan v. Motor Corporation of Fiji	212
Trial Judge having heard witnesses should not readily be overruled as to his version of what he heard.     Sivams Transport v. Nadi Town Council	192
CRIMINAL LAW     Murder – Evidence fit to be considered as provocation     Kasi Ram v. Reginam	100
Joinder of charges – joinder of parties – onus of proof of an “excuse” – honest and reasonable belief but mistaken – onus to introduce evidence thereof.     Alipate Vokai v. Reginam	16
Charge of Attempted Murder – alternative verdict of causing grievous bodily harm open on the facts – meaning of “maliciously” – use of words “think” not productive of error – direction as to inconsistencies.     Hari Prasad v. Reginam	80
Circumstantial evidence to prove fraud – use of lies by accused – role of assessors in evaluating secondary evidence – secondary evidence, proof by.     Satya Prasad v. Reginam	160
Direction to be given in respect of lies by accused person – specific reference to be made to any alleged lie – accomplices – direction not adhering to traditional form of words – “dangerous to convict”.     Subaiya Pillay v. Reginam	202
Magistrate trying information by consent for indictable offence has discretion to allow accused to withdraw consent and elect to have trial by jury.     R. v. Labasa Magistrates Court Ex. Parte Shiu Ram	174
Prisoner released on compulsory supervision – later returned to prison – revocation of order – length of sentence to be undergone.     Ratu Eroni Vakacegu v. The Attorney-General of Fiji	150
Rape – Screaming of victim during intercourse may be corroborative evidence of non-consent-aiding and abetting – what constitutes.     Sitima  Vulitoudua v. Reginam	182
CROWN LAND     Crown lease – where portion of land had by wrong description been included in lease.  Land Transfer Act 2, 168 permitted correction of Certificate of Title.     Harilal v. Hari Shankar	72
ESTOPPEL     Conduct encouraging woman with children to live with a man treating them as his family may provide a licence to remain or estop him from asserting his legal rights to an order for ejectment.     Jai Chand v. Sheila Maharaj	91
IMMIGRATION     No entitlement as of right to citizenship pursuant to s.5 of Fiji citizenship Act – Application for citizenship may be refused as a matter of discretion – an administrative decision not requiring Minister to consider and weigh submissions nor was applicant entitled to prior hearing.     Mary Elizabeth Schramm v. The Attorney-General of Fiji	125
INCOME TAX     Income Tax – Court of Review – plurality of appointments concurrently permissible.     The Commissioner of Inland Revenue v. Richard Sydney Smith	40
INDUSTRIAL LAW     Trade dispute – referral by Minister to Tribunal entitled without consent of parties where essential service “involve” – reviewal of Ministerial decision – principles guiding.     The Attorney-General of Fiji v. Emperor Gold Mining Company Limited	1
Shipyard Manager – notice of downgrading invalid – declaration therefore of purported regarding as null and void.     Parmeshwar v. The Minister for Tourism, Transport & Civil Aviation	136
LANDLORD AND TENANT     6 months notice to quit of dwelling – no need for alternate accommodation – meaning of “reasonably required”.     Ram Nand v. Inia Tukana	143
LOCAL GOVERNMENT     Conditions may be applied when granting Town Planning Development application – principles to be worn in mind.     Lautoka City Council v. Time Investments Limited	111
MINING     Director of Mines – not obliged to raise with applicant for mining licence applicant’s financial resources – previous record of accredited agent (Mining Act s.15) relevant to Directors consideration – Nature of Appeals.      The Director of Mines v. Sita Minerals Limited	50
MURDER     Wrongful admission of blood stained weapon – confrontation – identification – lies allegedly told by appellant – intent – intoxication – self defence – provocation.     Bob Appanna v. Reginam	27
TRADE UNION     Voluntary Association – conviction of offence against Rule requiring specific act not satisfied by proving general conduct.     Tevita Fa v. Fiji Public Service Association	220
WORKMEN’S COMPENSATION     Meaning of loss of sight – compensation payable for permanent partial loss of sight – factual issue.      Fiji Electricity Authority v. Labour Officer on Behalf of Vitale Ramasi	62

 

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