Friday, January 1, 2010

CASE SUMMARY: PART 14

Kapoor Singh vs. Haji Ibrahim bin Haji Mohamed Noor [1948] MLJ 29
●Land Law●
“If the word ‘attachment’ is strictly limited in its meaning to the form of attachment provided by Civil Procedure Code at the time when the Malay Reservation Enactment was passed, then the appointment of a receiver is not attachment within the meaning of that Enactment and the appointment of a receiver is not prohibited”


Karuppiah Chettiar vs. Subramaniam [1971] 2 MLJ 116
●Land Law●
“When the purchaser made the full purchase price payment, the vendor (register-proprietor) only acted as the bare trustee to the property on behalf of the purchaser”





Keith Spicer Ltd vs. Mansel [1920] 1 All ER 462
●Law of Partnership●
“There was no evidence that M and B were carrying “on business in common with a view of profit” within the meaning of the English Partnership Act 1980, which is in pari material with section 3 (1) of the Partnership Act 1961. The evidence merely showed that they were preparing to carry on business as a company as soon as they could.”


Kensington BC vs. Riley [1972] RTR 122
●Consumer Law●
“In deciding whether a description is false or not, the court will consider statements in their context, to determine the effect on the ordinary consumer”


Khoo Hock Leong vs. Lim Ang Kee [1888] 4 Ky 353
●EQUITY●
“In an action for the recovery of land, court found that the plaintiff was entitled to recover possession but also found that the defendant in honest belief that the land was his spent money on the improvements to it. Court applied the maxim ‘he who seeks equity must do equity’ and ordered the defendant to be compensated for his improvements”


Khoo Yoke Wah vs. Lee Choo Yam Holding Bhd [1991] 1 MLJ 414
●Law of Partnership●
“Death of any partners are dissolved the partnership. It mean that the death of any partners are cause the partnership dissolved”





King-Emperor vs. Tha By Aw [1907] 4 BLR 315 (Chief Court, Lower Burma)
●Criminal Law●
“Whenever the words ‘fraud’ or ‘intent to defraud’ or ‘fraudulently’ occur in the definition of crime, two elements at least are essential to the commission of the crime, namely, first, deceit or an intention to deceive, or in some cases mere secrecy and secondly either actual injury or possible injury or an intent to expose some person either to actual injury or to a risk of possible injury by means of that deceit or secrecy”


KM Nanavati vs. State of Maharashtra [1962] AIR SC 605
●Criminal Law●
“The question that the court has to consider is whether a reasonable person placed in the same position as the accused was would have reacted to the confession of adultery by his wife in the manner in which the accused did”


Kuldip Singh & Anor vs. Lembaga Letrik Negara & Anor [1983] 1 MLJ 256
●Land Law●
“If the stakeholder absconded, then the loss should be borne by the person who, under the terms of the contract, had a claim to the money at that time”


Lacroix vs. The Queen [1954] 4 DLR 470
●Land Law●
“It seems to me that the owner of land has a limited right in the air space over his property, it is limited by what he can possess or occupy for the use and enjoyment of his land. By putting up buildings or other constructions the owner does not take possession of the air but unites or incorporates something to the surface of his land. This which is annexed or incorporated to his land becomes part and parcel of the property”

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