CASE SUMMARY: PART 17

Mercantile Bank Ltd vs. The Official Assignee of the Property of How Han Teh [1969] 2 MLJ 196,
●Land Law●
“It has not been shown that there are express words in the statue which preclude me from enforcing the equitable rights of the applicants. Under the bankruptcy law the trustee in bankruptcy is a statutory assignee who takes the bankrupt’s property subject to the equities and liabilities which affect it in the bankrupt’s hands at the time the bankruptcy was committed”


Mercantile Credit Co Ltd vs. Garrod [1962] 3 All ER 1103
●Law of Partnership●
“It will be observed that what is done in carrying on the partnership business in the usual way in which business of a like kind are carried on, is made the test of authority where no actual authority or ratification can be proved”


Merrit vs. Commonwealth [1935] 180 SE 395
●Criminal Law●
“While a person may be guilty of murder though there was no actual intent to kill, he cannot be guilty of an attempt to commit murder unless he has a specific intent to kill”


Mersey Docks and Harbour Board vs. Protector [1923] AC 253
●Law of Torts●
“The leading distinction between an invitee and a licensee is that, in the case of the former, invitor and invitee have a common interest, while, in the latter, licensor and licensees have none”




Meux vs. Jacobs LR 7 HL 481
●Land Law●
“A mortgage of premises will pass the fixtures upon the premises. Fixtures attached to the property after the date of the mortgage will also (unless under special stipulation) pass to the mortgage”


Mir Sarwarjan vs. Fakhruddin [1912] 39 I.A. 1
●EQUITY●
“A contract which can only be enforced at the option of one party cannot be specifically enforced”


Mohammad bin Buyong vs. Pemungut Hasil Tanah, Gombak & Ors [1982] 2 MLJ 53
●Land Law●
“An instrument of dealing presented before the publication in the Gazette of a notification of forfeiture can still be registered”


Munney Khan [1971] 57 IR SC 1491
●Criminal Law●
“The right of private defence is essentially a defensive right circumscribed by statute, available only when the circumstances clearly justify it. It should not be allowed to be pleaded or availed of as a pretext for a vindictive, aggressive, or retributive purpose”






Murray vs. Davis [1930] S.S.L.R 229
●Law of Partnership●
“The plaintiff gave power to the defendant who was a company promoter with the intention that the defendant will invest the plaintiff asset in the defendant business which was Chemor, Penawat and Tongkah. It was held that in the first and second venture are considered, there was no partnership as there was no agreement by the plaintiff. There is partnership in the third venture because there was an agreement between them which constitute that the defendant would accept any definite remuneration for the money he had invested”


Nain Boon Keow vs. Letchman Chetty [1885] Ky 85
●EQUITY●
“A doctor entrusted his savings with his wife. Before her death she spent all his money without his knowledge including buying some land for $600 through the mortgage of the land to Letchman to whom she was introduced as a widow. Letchman made no further enquires about the woman. The wife died and the mortgage money remained unpaid. Letchman gave notice for the sale of land. The doctor commenced a suit against Letchman. Court applied the equitable principle ‘whatever is sufficient to put the party to an inquiry, is good notice in equity’. Court hold that the defendant, in dealing with the woman, should have satisfied himself of her true position. Court has no doubt that negligence such as this is a form of constructive notice. The deed of mortgage is therefore declared void and ordered to be cancelled.”


Ng Kheng Yeow vs. Chiah Ah Foo [1987] 2 CLJ 108
●EQUITY●
“The entry of a private caveat by one party does not necessarily mean that he has better priority against another who has not as yet lodged one”