Court : House of Lords
Decided on : Jan-20-1949
..... was caused by its not being in efficient working order, and that therefore the respondent is entitled to damages. the appellants' case is that section 22 (1) of the act does not impose an absolute duty to keep lifts in efficient working order and that a pursuer cannot succeed without averring and proving the nature of ..... perfect condition. the corroded screws broke when the injured workman stepped on the rung which it held. the case was laid on a breach of section 25 (1) of the factories act, 1937, which provides that "all ladders shall be soundly constructed and properly maintained." macnaghten, j., having held that the ladder was soundly constructed ..... anticipated or, after the event, explain." the question at issue in this case is the nature and extent of the duty imposed on employers by section 22 (1) of the factories act, 1937. that subsection requires that "every hoist or lift shall be of good mechanical construction, sound material and adequate strength, and be properly maintained." .....
Tag this Judgment!Court : House of Lords
Decided on : Apr-08-1949
..... , " but solely designed to benefit individuals associated for the purpose of " securing that benefit, which may not have some repercussions or consequential effects beneficial to some section of the general community: and unless a further and sweeping inroad is to be made on the rule against perpetuities, the line must be drawn somewhere. cocks v ..... be devoted for ever to a religious purpose are compelled to accept as true any doctrine of a particular religion which ascribes efficacy, spiritual or temporal, to acts which that religion enjoins upon its followers, cannot i think be sound. the learned chief baron spoke of a hypothetical admission of the truth of the religious ..... m.r., said (at p. 396): monasteries of men and women are often, if not mostly, institutions the members of which devote their lives exclusively to acts of piety such as pious meditation, prayer and self-denial. such institutions, however praise-worthy, are not charitable in the sense recognised by this court. in munster .....
Tag this Judgment!Court : House of Lords
Decided on : May-06-1949
..... warning. but, in the case of every company whose articles contain no provision as to the redemption of its preference shares, every preference shareholder who reads section 55 of the act is given warning that, subject to confirmation by the court, a scheme may provide for the payment off of his shares. the preference stockholders in this ..... much weight on my fourth reason, because it is impossible to foretell with any accuracy what (if any) adjustment of interests will ultimately be made under section 25 of the act of 1946, if the preference stock continues in being. there may be cases in which it can be said that adjustments will probably be made in ..... debenture holders take proceedings to enforce their security, on the ground that by exercising jurisdiction it might prejudice the inchoate rights of some person under section 25 of the coal act. i cannot think it right to accede to a suggestion which would involve so much delay and inconvenience to companies which wish to rearrange their .....
Tag this Judgment!Court : House of Lords
Decided on : Dec-01-1949
..... part of that spouse of which complaint can properly be made can be desertion within the meaning of section 1 (1) (a) of the divorce (scotland) act, 1938. it was not and could not be argued that the provisions of this act would warrant such refusal being held to be desertion, if such refusal could not have been a ..... this undefended action of divorce involves the question whether refusal of sexual intercourse without any overt act of desertion is "desertion" within the meaning of section 1 (1) (a) of the divorce (scotland) act, 1938. it has already been decided in bellv. bell that the act of 1938, though it reduces the period of desertion necessary to found a right to divorce ..... for wilful abstinence, as for non-adherence. voet., comment. ad ff. ad tit. de divort. et repud., section 7, in fine. though i am afraid our law would not sustain it, since it is not contained in the act." lord fraser relies on the old case of graham v. buquhanane that was an action for adherence, brought before .....
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