Court : House of Lords
..... thereof, the person may be proceeded against and dealt with as if he were a person subject to military law and had on active service committed an offence under section five of the army act: "provided that where it is proved that the offence is committed with the intention of assisting the enemy a person convicted of such an offence by a court ..... subject to military law and had on active service committed an offence under section five of the army act." by 4 and 5 geo. 5, c. 63, it was provided: "1. the defence of the realm act, 1914, shall have effect as if - "( a ) at the end of paragraph ( a ) of section one thereof the following words were inserted, 'or to prevent the spread of .....
Tag this Judgment!Court : House of Lords
..... there is in the present case nothing to show that the parties intended that the property should not pass according to rule 1 in section 18 of the act. the property passed accordingly. by section 20 of the act, when the property is transferred to the buyer, the goods are at the buyer's risk whether delivery has been made or not ..... embodied matter of opinion, it represented the honest and reasonable opinion of the sellers. on 15th january lieutenant freeman, an officer employed in the forage department of the army service corps at edinburgh, saw the appellants at cupar and intimated to them that he wanted to secure the engine for the government. the statement was of such a ..... law as to essential error. he said: i concur with all their lordships as to the accuracy of the general doctrine laid down by professor bell (bell's prin. sec. 11) to the effect that error in substantials such as will invalidate consent given to a contract or obligation must be in relation to either (1) its subject-matter .....
Tag this Judgment!Court : House of Lords
..... my noble and learned friend who has preceded me. if anything be clear in this important case, it is, on the correspondence already referred to, this: that the army council, acting through their agent, captain r. c. coles, did not claim to take possession of the respondents' hotel by virtue of the unrestricted and unqualified prerogative of the crown ..... department to continue in possession of the land for any period not exceeding two years after the termination of the war. and, second, because by the same section it provides that the department which continues to occupy the lands after the termination of the war shall pay a rent in respect of this continued occupation. as ..... and that the provisions for a greater or a less exercise of the power of taking lands are not kept separate. the same series of sections enables the crown to take lands under the act in peace or in war, in absolute ownership and in perpetuity or for temporary occupation only, but there is no difficulty in severing these .....
Tag this Judgment!Court : House of Lords
..... committees were purely advisory, and had no statutory powers. on the outbreak of the war the government had assumed control of the railways under the powers of the army regulation act of 1871. while this empowered the government to issue orders to the companies, the ordinary direction and management of the companies was not disturbedsee the remarks of ..... in bar against the appellants. that attempt was not seriously made here; and one need not be surprised when one recalls, in the language of bell's principles, sec. 26, the conditions necessary to success in it. rei interventus is inferred from any proceedings not unimportant on the part of the obligee, known to and permitted by ..... to the undertaking or part or plant thereof of which possession is retained or taken:(i.) as to the rates, fares, tolls, dues, and charges to be charged section 3 (1) (e) is in these terms:in the case of any undertaking of which possession is retained or taken by the minister as aforesaid any rates, fares, .....
Tag this Judgment!Court : House of Lords
..... be paid in respect thereof shall in default of agreement be determined by the tribunal by which claims for compensation under these regulations are determined. if after the army council have issued a notice that they have taken or intend to take possession of any war material any person having control of any such material (without ..... in the present case the defenders received custody of the goods in the course of a mercantile transaction. in the course of their business as forwarding agents they acted in an emergency as reasonably careful business men in shipping them to england, and warehousing, and in deciding to sell. they were, in fact, protecting not only ..... flax from russia to the united kingdom. during the relative time there was also established at archangel a branch of the united shipping co., an english company. they acted at archangel as shipbrokers or agents for various lines of steamships, including the ellerman wilson line, the owners of the s.s. "altai," in which the .....
Tag this Judgment!Court : House of Lords
..... proper to consider with what object the regulation was made. this appears clearly from the terms of the empowering statute, the emergency powers (defence) act, 1939- by section 1 (i) of that act "his majesty may by order in council make such regulations as appear to him to be necessary or expedient ior securing the public safety, the ..... constable may stop and detain any person reasonably suspected of having engaged in committing an offence against the act. army act, 1881, s. 154: on reasonable suspicion a deserter or absentee without leave may be arrested without warrant. children and young persons act, 1933, s. 13: a constable may arrest without warrant any person whom he has reason to ..... the action in which the appellant claims damages for false imprisonment. and consequential relief. such an action used to be described as an action for trespass vi et armis. the general rule of law in these cases is well stated by abbot, c.j., delivering the judgment of the court in doswell v. impey (1823, .....
Tag this Judgment!Court : House of Lords
..... home v. lord william bentinck (1820), 2 brod. and bing., 130. this last was an action for libel. the conduct of the plaintiff, who was an army officer, had been the subject of a military court of enquiry, of which the defendant was president, and at the trialthe plaintiff called for the production of the minutes ..... , therefore, that these communications come within that class of official communications which are privileged, inasmuch as they cannot be subject to be communicated without infringing the policy of the act of parliament and " without injury to the public interests. on the same principle, it has been held in h.m.s. " bellerophon [1874] 31 l.t. ..... , macnaghten and gordon 182. in the earlier of these cases lord lyndhurst said: now it is quite obvious that public policy requires, and " looking to the act of parliament, it is quite clear that the legislature intended, that the most unreserved communication should take place between the east india company and the board of control, that .....
Tag this Judgment!Court : House of Lords
..... cairo, it is true, but, in my view, irrelevant. he nevertheless was using his position as a sergeant in his majesty's army and the uniform to which his rank entitled him to obtain the money which he received. in my opinion any official position, whether ..... to his master none the less, as attorney-general . goddard (sup.) shows, though the obtaining of the money is a criminal act. it is true that the right of the master to demand payment of the money is often imputed to a promise implied from his ..... crown. the learned judge however also says: there was not, in this case, a fiduciary relationship; and this man reading was not acting in the course of his employment. if this means, as i think it does, that the appellant was neither a trustee nor ..... the master has not lost any profit, nor suffered any damage. nor does it matter that the master could not have done the act himself. it is a case "where the servant has unjustly enriched himself by virtue of his service without his master's sanction. .....
Tag this Judgment!Court : House of Lords
..... the profit of 1,214 resulting from its annual amateur sports meeting, held during the year ending 30th september, 1950, is exempted from income tax by section 30 (1) (c) of the finance act, 1921 as amended by section 24 of the finance act, 1927. the facts as to the establishment of the association are set out inparagraph ii (1) of ..... the efficiency of police forces appeared to them analogous to the increase of the efficiency of the army, and on this ground decided in favour of the association. they omitted, however, to notice that they were not concerned with the question whether a gift for ..... come to the conclusion that this is a good charitable gift on the first groundnamely, that it is a direct public benefit to increase the efficiency of the army, in which the public is interested, not only financially, but also for the safety and protection of the country. the commissioners then observed that the increase of .....
Tag this Judgment!Court : House of Lords
..... . it was suggested that the principles might apply in certain computations of compensation under compulsory purchase orders. we were referred to an irish case, comyn v. the attorney-general, 1950 i.r. 142. and w. rought ltd. v. west suffolk county council [1955] 2 w.l.r. 1080. in this opinion i am dealing solely with damages ..... in billingham v. hughes ([1949] 1 k.b. page 643). that was a case in which a doctor had been knocked down and seriously injured by an army vehicle and was thus prevented from continuing his activities as a general practitioner. the court decided that the fact that the plaintiff would have been liable to pay tax ..... position is completely collateral. it is not something brought in as a separate factor, but only something which helps to quantify an obligation which is imposed by an act of parliament as a consequence of earning income, and i cannot regard that obligation as in itself collateralcertainly not completely collateral. another element to be considered is .....
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