CASE SUMMARY: PART 26

Sweet vs. Parsley [1970] AC 132
●Criminal Law●
“There has for centuries been a presumption that Parliament did not intend to make criminals of persons who were in no way blameworthy in what they did. That means, that whenever a section is silent as to mens rea there is a presumption that, in order to give effect to the will of Parliament, we must read in words appropriate to require mens rea”


Temenggung Securities Ltd & Anor vs. Regitrar of Titles Johor & Ors [1974] 2 MLJ 45
●Land Law●
“Bare trust is a position in which the payment of the purchase of land has been made but the memorandum of transfer is still not complete”


Templeton & Ors vs. Low Yat Holdings Sdn Bhd & Anor [1993] 1 MLJ 443
●Land Law●
“I recognize that the effect of section 284 of the Code is that an easement can only be created by express grant followed by registration of an instrument in Form 17A or Form B prescribed by section 286(1), as the case may be”


Tenant’s Corporation vs. Max Rothenburg & Co [1970] 36 A.D. 2nd 804
●Company Law●
“An auditor should certainly report suspicious circumstances to the directors even if such circumstances appeared to him of no materiality so far as his audit is concerned”





T Damodaran vs. Choe Kuan Him [1979] 2 MLJ 267
●Land Law●
“The National Land Code applies to Malaysia the Torrens system of registration of title of land. The whole purpose of the system is to get away from the complicated system of rules which in England regulate dealings with land, particularly those relating to such matters as notice of encumbrances and trust.”


Teck Corporation Ltd vs. Millar [1972] 33 DLR (3d) 288
●Company Law●
“I think the court should apply the general rule in this way: The directors must act in good faith. Then there must be reasonable grounds fro their belief”


Thai-Europe Tapioca Service vs. Government of Pakistan [1975] 3 All ER 961
●Public International Law●
“A national court ought not to consider the merits of the dispute involving the foreign sovereign states where questions of policy are in issue. These are the matters which should not be subject of decision in national court”


Thakrar vs. Secretary of State for the Home Dept. [1974] QB 684
●Public International Law●
“Lord Denning rejected the incorporation theory in respect of a claim by the applicant to be allowed entry into the UK under the rules of international law concerning the obligation of states to accept its own nation”





The Shell Co of the Federation of Malaya Ltd vs. Commissioner of the Federal Capital of Kuala Lumpur [1964] MLJ 302
●Land Law●
“The definition of ‘land’ is given in section 2 of the Land Code as including things attached to the earth or permanently fastened to anything attached to the earth. ‘Fixture’ means, anything which has become so attached to land as to form in law part of the land”


Thomas vs. Sorrell [1673] 124 ER 1098
●Land Law●
“A dispensation or license properly passeth no interest, nor alters or transfers property in anything, but only makes an action lawful, which without it had been unlawful”