CASE SUMMARY: PART 2

Ashiruddin Ahmed vs. King [1949] 50 Cri LJ 255

●Criminal Law●

“We find that the accused committed the act alleged, namely, the act of causing the death of his son by cutting his throat but by reason of unsoundness of mind he was incapable of knowing that his act was wrong. The accused is therefore acquitted of the charge under s 302 Penal Code”

Ashtiani vs. Kashi [1987] QB 888

●EQUITY●

“The wordings of s 37(3) of the Supreme Court Act 1981 was directed specifically to the issue of Mareva injunctions covering assets with the jurisdiction”

Assets Co vs. Mere Roihi [1905] 1 AC 176

●Land Law●

“But it is clear that ‘fraud’ within the meaning of the National Land Code means actual fraud and not what is known as constructive or equitable fraud”

Automatic Self-Cleansing Filter Syndicate Co Ltd vs. Cunninghame [1906] 2 Ch 34.

●Company Law●

“The court found in favour of the directors, holding that a decision whether to sell the company’s assets and undertaking was a management decision that, on the terms of the company’s articles of association, was within the powers of the boards of the directors. On the proper construction of the relevant internal governance rule, the members could not, by ordinary resolution, substitute their judgment for that of the directors.”

Aw Yong Wai Choo vs. Arief Trading Sdn Bhd[1992] 1 MLJ 166

●Law of Partnership●

Judge stated that: “In my view, to find the existence of a partnership, the court must find the real intention of the parties in disputes on involved. The real intention is not necessarily the expressed intention of the parties in disputed or involved. The real intention is not necessarily the expressed intention of the parties so that even of the parties express they are partners, the court may to the contrary after the court considers all the relevant factors taken together.”

Babanaft International Co vs. Bassatne [1989] 1 All ER 433

●EQUITY●

“An injunction was granted to restrain them from dealing with their assets outside jurisdiction without first giving the plaintiff notice of their intention to do so”

Bachan Singh vs. Mahinder Kaur [1956] MLJ 97

●Land Law●

“Where there is a valid binding contract for the sale of land the purchaser, when he has performed his side of the contract, acquires a right ad rem which is also a right in personam. In other words, he acquires a right to the land against the vendor personally but not good against the world as a whole and, in due course, that right can become a real right good against the world as a whole on registration in accordance with the Land Code”

Bagel vs. Miller [1903] 88 LT 769

●Law of Partnership●

“The estate of a deceased partner is not liable fro the price of goods delivered after he had died”

Baker vs. Tillstone [1894] 1 QB 345

●Criminal Law●

“The knowledge or possible means of knowledge of the butcher is not a matter which affects the public, it is the unsound meat which poisons them, and I think that the Legislature intended that butcher should sell unsound meat at his peril”

Balfour vs. Balfour [1919] 2 KB 571 CA

●Contract Law●

“Atkin LJ: it is necessary to remember that there are agreements between parties which do not result in contracts within the meaning of that term in our law. And one of the most usual forms of agreement which does not constitute a contract appears to me to be the arrangements which are made between husband and wife. They are not contracts because the parties did not intend that they should legal consequences”