Witwatersrand Local Division - 1912

39 judgments
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39 judgments
Citation
Judgment date
December 1912
Reported

Trade mark - Infringement - Passing off

 

24 December 1912
Reported

Practice.- Payment into Court. - Admission of liability. - Withdrtiwal by Plaintiff.- Rule 38.

17 December 1912
Reported

Defamation.- Libel.- Matter of public interest.- Failr comment.- Misstatement of facts.

3 December 1912
Reported

Defamation. - Libel. - Priviliged Communication. - Essentials.

3 December 1912
November 1912
Reported

lnsolvency .- Security for costs .- Application by unrehabitated insolvent.- Setting aside sequestration.

18 November 1912
Reported
Acquiescence by the applicant and his alternate validated an irregularly convened shareholders' meeting.
Company law – directorate – convening shareholders’ meetings – whether a meeting called by one director without a formal board meeting is valid; acquiescence and ratification of irregularities by directors/shareholders; court will not generally set aside corporate resolutions where irregularity is curable by ratification; alleged undisclosed director interest – equitable remedy of disgorgement.
8 November 1912
October 1912
Reported

Negligence - Driving - Running down Passenger alighting from Tramcar

 

19 October 1912
September 1912
Reported

lnsolvency.-Examination.-Subprena in one Province on Witness resident in another Province.-Law 13 of 1895, sec. 163.-A.ct 27 of 1912, sec. 8.

24 September 1912
Reported

Practice.-Notices.-Notice of Motion.-Computation of Time.-Rule of Court 9 (b).

19 September 1912
Reported

Company .-Liquidation .-Petition for .-Inability to pay Debts.-Allegations in Petition.-Act 31 of 1909, secs. 112 and 113.

17 September 1912
Reported

Comparvy.- Winding-up.-Distribution.- Directions to 'Liquidators.-Proofs of Debt.-Power of Court to fix time of creditors to prove.-Unproved 01·editors scattered throughout South Africa.-Law 13 of 1895, sec. 65.-Act 31 of 1909, sec. 136 (3).

12 September 1912
Reported

Railways.-Actions by.-Authority of Minister of Railways to Sue in respect of property in administration of Railway and Harbor Board.-S.A. Act, 1909, secs. 14, 120, 126.-Act 1 of 1910.

5 September 1912
Reported

Evidence.-Oral Evidence to add to Written Contract.Gift.-Registration.-Necessity for.-"What amounts to gift in excess of £500.-Company.-Shares.-Contract to deliver shares or their ·value- on flotation.Damages for breach.

5 September 1912
August 1912
Reported

Corporation.-Universitas .-What is.-Trade Union.Action against Unincorporated Association.

26 August 1912
Reported
22 August 1912
Reported

Ejectment.-Landlord and Tenant.-Parties.-Builder's Lien.-When builder allows possession to tenant of owner before completion of building.

22 August 1912
Reported

Husband and Wife.-Divorce.-Jurisdiction.-Domicile.-Change.-IIntention without Action.-Vagabundus.

8 August 1912
July 1912
Reported

Practice. - Application. - Petition by Agent. - Authority. - Affidavits. - Striking out Scandalous llfatter. -Notice of Mot'ion. -Costs.

9 July 1912
June 1912
Reported

Company - Directors - Informal Appointment.Acquiescence by Shareholders.

27 June 1912
Reported

Husband and Wife-Judicial Separation-Maintenance-When lVife entitled to.

20 June 1912
Reported

Company-Meeting-Notice-Foreign Shareholder.- Act 31 of 1909, sec. 65.

12 June 1912
Reported

Discovery -Privileged Report of Architect Litigation. Communications -Professional in connection with Prospective
 

3 June 1912
May 1912
Reported

Servitude-Building Scheme-Restrictions imposed on Lots of Township-Restriction against Coloured Occupation-Rights of Standholders.

30 May 1912
Reported

Company - Winding-up - Petition- Essential Allegations - Act 31 of 1909, secs. 112 and 113.

30 May 1912
Reported

Provisional Sentence-Mortgage-Costs as between Attorney and Client-Stipulation in Bond.

23 May 1912
Reported

Husband and Wife.-Divorce.-Malicious Desertion.Right of Party in Default to Appear on Return Day and Obtain Leave to Defend.-Rule of Court, No.33.

13 May 1912
Reported

Execution-Garnishee Proceedings-Process in Aid Attachment of Wages-Existence of Civil lmnprisonment Order-Costs-Attorney and Client Costs.

13 May 1912
Reported

Work and Labour-Remuneration-Architect's Certificate-Condition Pecedent-Reservation in Certificate-Contract-Construction-Altering Punctuation.

1 May 1912
April 1912
Reported

Jurisdiction---" Residence" - Company- Residence at
Branch Office-Jurisdiction of Witwatersrand Local
Divisicn-Procl. 14 of 1902, sec. 16.

26 April 1912
Reported

Husband and Wife.-Divorce.-Malicious Desertion.Husband Failing to Provide a Home.
 

24 April 1912
Reported

Company.-Winding-up.-Stay of Action.-Discretion
of Court.-Act 31 of 1909, sec. 117.
 

22 April 1912
Reported

l nsol~,ency .-Seq'uestration.-Application14. by Creditors.
-Costs.-When Costs of one of Two Applications
disa.llowed.-Law 13 of 1895.
 

11 April 1912
Reported

Evidence.-Parol to Vary Wiitten.-Evidence of Addi
tional Consideration.-Fraud.-Master and Servant.
-Rescission of Contract of Employment on ground of
Employee's Fraud.-Fraudulent Management of a
Business.

4 April 1912
March 1912
Reported

lnsol·vency.-[f ndue Preference.-Sale to Creditoi- in
Part Satisfaction of Debt.-Remedy available to
Trustee.-lnterdict.

28 March 1912
Reported

Costs.-Trial for Costs only.-When Party has acceded to Claim for Relief.-Practice.-Motion or Action.

7 March 1912
February 1912
Reported

Company.-Meetings.-Notices.-Time of Publication. -Rights of Oversea Shareholders.-Act 31 of 1909, sec. 65 (2).-Procl. 15 of 1902, sec. 12.

27 February 1912
January 1912
Reported

Husband and Wife.-Antenuptial Contract.-When
binding on Creditors at Common Law.

23 January 1912
Reported

Mines and Mining.-Precious Metals.-Ground granted
for Agricultural Purposes.-Right of Grantee to
Transfer.-Registration.-Surface Right.-Law 18
of 1892, sec. 60.-Act 25 of 1909, sec. 35 (d).-Asiatic.
-Surface Right held in Trust for.-Act 35 of 1908,
sec. 130.

23 January 1912
Reported

Trade Name - lnsolvency - Sale of Goodwill - Right of Insolvent to Trade in his own Name after sale

9 January 1912