Results.
4 judgments found.
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| July 2020 |
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Appellate court found instalment order unsupportable without full disclosure and ordered fresh financial inquiry.
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Civil procedure — Payment of judgment debt by instalments — Order 28 r.62 — full, frank and honest disclosure of debtor's means — balancing creditor and debtor interests — appellate review of discretionary orders — trading debt.
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29 July 2020 |
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Court allowed appeal—instalment order set aside for insufficient disclosure and failure to balance creditor’s interest; matter remitted for full financial determination.
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Civil procedure — Payment of judgment by instalments — Order 28 rule 62 — Full, frank and honest disclosure of debtor’s means — Balancing creditor and debtor interests — Discovery from non-parties — Appellate interference with discretionary orders.
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29 July 2020 |
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Convicted prisoner granted bail pending appeal due to excessive five-year delay; COVID-19 risk insufficient for serious murder sentence.
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Criminal procedure — Bail pending appeal — Post-conviction bail requires applicant to show special/exceptional circumstances — Prolonged delay in delivery of appeal judgment as ground for bail — COVID-19 risk not automatically sufficient for serious offences — Conditions: bond, deposits, sureties, surrender of travel documents, reporting and travel restrictions.
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10 July 2020 |
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A bona fide purchaser’s court‑sanctioned, registered property cannot be seized; seizure varied and rents restored to the appellant.
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Corrupt Practices Act — seizure and freezing warrants; Registered Land Act s.25 — protection of proprietor and bona fide purchaser; ex parte applications and disclosure of material facts; ‘‘technical dissipation’’ unsupported; inordinate prosecutorial delay; variation of seizure and restoration of funds.
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1 July 2020 |