The South African Law Reports: Transvaal provincial division
Jan Hendrik Gey van Pittius, South Africa. Supreme Court. Transvaal Provincial Division, Adolf Davis
J.C. Juta & Company, 1926
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accused action admissible admitted affidavit agree alleged allowed amount appear application appointed asked attorney authority behalf by-laws called carry cause charge circumstances claim clear conclusion consideration considered contention contract conviction costs council course Court creditors criminal Crown dealing decided decision defendant document duty effect entitled evidence examination exception fact farm follows further give given granted ground held insolvent intended interest issue judge judgment justice letter liable liquidator magistrate matter meaning meeting months municipality namely native nature necessary notice objection obtained officer opinion owner particular parties person plaintiff position present principle proceedings proved provides question reason received referred regard respect respondent rule says seems sentence sequestration shares statement summons taken tion trade trustee Union witness
Page 339 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Page 799 - In such cases the Board of Education will have to ascertain the law and also to ascertain the facts. I need not add that in doing either they must act in good faith and fairly listen to both sides, for that is a duty lying upon everyone who decides anything.
Page 822 - ... proceedings of the company, shall be conclusive evidence of the fact, without proof of the number or proportion of the votes recorded in favour of or against such resolution.
Page 490 - But a confession forced from the mind by the flattery of hope, or by the torture of fear, comes in so questionable a shape when it is to be considered as the evidence of guilt, that no credit ought to be given to it; and therefore it is rejected.
Page 492 - It has long been established as a positive rule of English criminal law, that no statement by an accused is admissible in evidence against him unless it is shewn by the prosecution to have been a voluntary statement, in the sense that it has not been obtained from him either by fear of prejudice or hope of advantage exercised or held out by a person in authority.
Page 29 - To sell or -dispose of the undertaking of the company or any part thereof for such consideration as the company may think fit, and in particular for shares, debentures or securities of any other company having objects altogether or in part similar to those of the company...
Page 799 - In the present instance, as in many others, what comes for determination is sometimes a matter to be settled by discretion, involving no law. It will, I suppose, usually be of an administrative kind; but sometimes it will involve matter of law as well as matter of fact, or even depend upon matter of law alone. In such cases the Board of Education will have to ascertain the law and also to ascertain the facts.
Page 764 - If money is paid or goods delivered for an illegal purpose, the person who had so paid the money or delivered the goods may recover them back before the illegal purpose is carried out ; but if he waits till the illegal purpose is carried out, or if he seeks to enforce the illegal transaction, in neither can he maintain an action ; the law will not allow that to be done.
Page 920 - Acts amending the same applies, or for the ejectment of a tenant therefrom, shall be made or given, so long as the. tenant continues to pay rent at the agreed rate as modified by the principal Act or any of the Acts amending the same and performs the other conditions of the tenancy...
Page 55 - As to costs to be paid or borne by another party, no costs are to be allowed which do not appear to the taxing officer to have been necessary or proper for the attainment of justice...