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Fiji Islands - FLR Volume 28 - Digest & Index

THE FIJI LAW REPORTS

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

1982
VOLUME 28

This Volume may be cited as “28 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
AFFILIATION     Corroborative matter need not prove truth of complainant’s evidence beyond reasonable doubt – may be discoverable by admissions to be inferred from cross-examination of counsel for father.     Mahesh Chand v. Savitri Devi	128
CONTRACT MISTAKE     Mutual mistake – fundamental error – contract unenforceable.     Farid Khan v. Ali Mohammed	94
CONSTITUTION ACT     Directions by Attorney-General – no interference with office – no ascendary over Director of Public Prosecutions – action could be brought in own name or official title.     The Attorney-General v. Director of Public Prosecutions	20
CRIMINAL LAW     Corroboration – assisted by circumstances – accused acting in concert – each liable for acts of others – defence of consent not supportable – method of raising misdirection as ground of appeal.     Laisenia Takayawa v. Reginam	108
Employment Act s.61(4) – two limbs – First – no needing prior notification     Director of Public Prosecutions v. Reddy Construction Company & Fletcher Organisation Fiji Limited	86
Exchange Control – Direction by Minister to furnish information – whether unconstitutional as ultra vires.     Peter Batey v. Reginam	160
Judge differing from assessors – necessity for coagent reasons intent – question is did he form the intent – not did he have the capacity to do so.     Apakuki Saukuru v. Reginam	6
Murder – Confession – Admitted after voir dire examination – province of jury asked to consider voluntariness – practice of Judicial Committee when hearing appeals in criminal matter.     Ragho Prasad v. Reginam	154
Estate Duty.     Commissioner of Estate & Gift Duties v. Fiji Resorts Ltd.	169
INCOME TAX     Deduction of interest – not incurred in production of income.     Deputy Commissioner of Inland Revenue v. Marine Management Limited	60
INCOME TAX WORDS & PHRASES     The Act s.11 – “engages in” more than single transaction.     The Commissioner of Inland Revenue v. Frederick Anthony Weller	46
LANDLORD AND TENANT     Application for summary ejectment – occupier under share farming agreement – pending application before Tribunal – wide powers of Tribunal – Supreme Court applications included power to adjourn until Tribunal hearing.     Azmat Ali v. Mohammed Jalil	31
Ejectment Act – Application for possession – no defence verbal tenancy, option – indefeasibility of title.     Subaramani v. Dharam Sheela	82
Fair Rents Act s.25 – onus on summons for possession – bona fide requirement – for purpose of subdivision – land must not already have been subdivided.     John Nanuapa v. Morris Hedstrom Limited	103
National Land Trust Ordinance s.12 – does not apply to sublease granted before it or transfers thereof – subleases not in breach.     Subramani v. Prices & Incomes Board	144
Summary Ejectment – unsuitable procedure in the circumstances – lessee to plead full facts.     Nagar Bhai Khewal Bhai Patel v. Manikam Reddy	134
Whole agreement to be read – share farming not employment agreement – pending hearing before Agricultural Tribunal – circumstances indicated adjournment, not order for possession.     Dharam Lingam Reddy v. Pon Samy	69
LIBEL     Words defamatory included a man was a bad loser – but more hurtful to feelings than reputation – political controversy – not a serious libel – inadequate retraction.     Shiri Raj Singh v. Newspapers of Fiji Limited	140
MATRIMONIAL CAUSES     Divorce in Fiji – domicile – of choice may be acquired even though right to remain “precarious”.     Alan George Dear v. Sheila Mary Elizabeth Bellman	1
PRISONS     Disciplinary proceedings against officer – jurisdiction of Controller – necessary to ‘hear and determine’ himself where he elects to hear – grounds on which he proposed to dismiss from the service to be stated precisely.     Sefanala Masi Kaumaitotoya v. The Controller of Prisons	54
PUBLIC SERVICE     Prosecution for Perjury – acquittal – further charges pursuant to Public Service Act – dismissal – Appeal to Public Service Appeal Board withdrawn – application for certiorari to quash decision to dismiss – availability of disciplinary proceedings after acquittal.     Re. Chandrika Prasad	38
SALE OF LAND     Torrens systems – meaning of “registrable” – does not refer to instrument already stamped.     Magan Lal Gandhi v. Trenholme Allan Edwards	120
SPECIFIC PERFORMANCE     Contracts for land which has a peculiar and special value – damages for delay not awarded in this case.     Ram Shankar v. Suva City Council	148
WORKMEN’S COMPENSATION     Deceased suffering from advanced heart diseases – death 2½ days after last working – no specific evidence of incident at work – failure to discharge onus that death arose out of and in the course of employment.     Luisa Legalega v. Ports Authority of Fiji	115
Worker suffering from established heart condition – exertion at work followed by collapse and death from heart attack – death arose out of and in the course of employment.     The Tourist Corporation of Fiji Limited v. Ganga Jali a.k.a. Clara Ram	97

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