The South African Law Reports: Transvaal provincial divisionJan Hendrik Gey van Pittius, South Africa. Supreme Court. Transvaal Provincial Division, Adolf Davis J.C. Juta & Company, 1925 |
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Expressions et termes fréquents
accepted accused affidavit alleged amount animal appeal Appellant's applicant applicant's appointment assets Attorney Attorney-General bank behalf Boksburg by-law certificate charge child circumstances civil imprisonment claim coloured persons conclusion contract contravening sec costs creditors Criminal Crown CURLEWIS damage debt decided decision defendant Egnos entitled evidence facts appear FEETHAM fideicommissum further Goddard's granted ground held insolvent intended intra vires Johannesburg judge judgment jury land lease Legislature liable licence Licensing Court liquidation magistrate magistrate's MASON matter Medical Council Middelburg mule Municipality native necessary notice object offence offer of composition onus opinion Ordinance owner payment petition plaintiff Plate Powder possession Pretoria proved provisions question reasonable referred regard rent respondent Roman-Dutch law rule Rustenburg says seems sequestration South Africa statute STRATFORD sub-sec summons Thomas Gifford TINDALL tion trade mark Transvaal Triumph Cycle Co trustee ultra vires WAAL winding-up words
Fréquemment cités
Page 165 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 373 - ... the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a petition questioning an election or return...
Page 217 - If the claim be in any respect fraudulent, or if any false declaration be made or used in support thereof, or if any fraudulent means or devices are used by the insured...
Page 246 - No universal rule can be laid down for the " construction of statutes, as to whether mandatory enactments shall be considered " directory only or obligatory, with an implied nullification for disobedience. It is the " duty of courts of justice to try to get at the real intention of the legislature by carefully " attending to the whole scope of the statute to be construed.
Page 29 - It is an elementary principle of the law relating to joint stock companies that the Court will not interfere with the internal management of companies acting within their powers, and in fact has no jurisdiction to do so. Again, it is clear law that in order to redress a wrong done to the company or to recover moneys or damages alleged to be due to the company, the action should prima facie be brought by the company itself.
Page 177 - The cases, however, which have been cited and commented on at the bar appear to establish, in general, that he is liable for the consequences of ignorance or non-observance of the rules of practice of this court; for the want of care in the preparation of the cause for trial ; or of attendance thereon with his witnesses ; and for the mismanagement of so much of the conduct of a cause as is usually and ordinarily allotted to his department of the profession.
Page 483 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 177 - It would be extremely difficult to define the exact limit by which the skill and diligence which an attorney undertakes to furnish in the conduct of a cause is bounded ; or to trace precisely the dividing line between that reasonable skill and diligence which appears to satisfy his undertaking, and that crassa ncgli[* 468] gentia, or * lata culpa mentioned in some of the cases, for which he is undoubtedly responsible.
Page 318 - Any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same section the description of the offence...
Page 603 - Having now particularly described and ascertained the nature of my said invention and in what manner the same is to be performed, I declare that what I claim is (d).