Court : Singapore Supreme Court
..... not less than 72.50 grams of diamorphine, without any authorisation under the said act or the regulations made thereunder and you have thereby committed an offence under section 5(1)(a) read with section 5(2) of the misuse of drugs act read with section 34 of the penal code, chapter 224, and punishable under section 33 read with the second schedule to the misuse of drugs act, and further upon your conviction under section 5(1)(a) read with section 5(2) of the misuse of drugs act read with section 34 of the penal code, ..... . the first is s 29a(4) of the scja which provides as follows: the court of appeal shall, for the purposes of and subject to the provisions of this act, have full power to determine any question necessary to be determined for the purpose of doing justice in any case before the court ..... in r v lou hay hung [1946] 3 dlr 111, the ontario court of appeal considered s 5(2) of the canadian criminal code (c 36, rsc 1927), the predecessor of the above provision, and held (at 122) that both "knowledge" and "consent" were necessary ..... . the events that immediately preceded the discovery of the drugs and the arrest of both ridzuan and abdul haleem by the central narcotics bureau ("cnb") officers were not disputed and are set out in some detail at [7][11] of the ..... . turning to the relevant legal principles, in the indian privy council decision of mahbub shah v emperor air (32) 1945 pc 118, sir madhavan nair, delivering the judgment of the privy council, stated as follows (at 120): .....
Tag this Judgment!Court : Singapore Supreme Court
..... the mind of the court to the truth or falsity of the plaintiffs case and therefore though a judgment passed after a judicial consideration of the matter by taking evidence on the merits even though passed ex parte, a decision passed without evidence of any kind but passed only on his pleadings cannot be held to be a decision on the merits. 37. ..... by virtue of o 92 r 4, which provides that: for the avoidance of doubt it is hereby declared that nothing in these rules shall be deemed to limit or affect the inherent powers of the court to make any order as may be necessary to prevent injustice or to prevent an abuse of the process of the court. 27. ..... letter of demand dated 31 august 2012, the plaintiff's solicitors made a claim against the corporate and personal guarantees issued by the indian defendants and demanded the payment of both the net principal and interest owing to the plaintiff. ..... mr mayuri raghuvanshi, an advocate of the supreme court of india, gave evidence that s 13(b) of the code of civil procedure (act no 5 of 1908) (india) provides that a foreign judgment is conclusive unless it was not given on the merits of the ..... in framing its case, the plaintiff really means that this court has the inherent power to make a judgment on the full merits of its case despite the indian defendants' non-appearance. 30. ..... between jurisdiction and power is recognised in the [supreme court of judicature act], ss 16 and 17 (which confer jurisdiction) and s 18 (which confers powers). 29. .....
Tag this Judgment!Court : Singapore Supreme Court
..... zoom appeared to have thought that it could proceed with both prayers and, if it was unsuccessful on both, it could then appeal against both the decisions without realising that taking the step to proceed with the second prayer at first instance might well prejudice its appeal against the decision on the first prayer. ..... from textbooks like dicey and the singapore civil procedure and cases like the sydney express suggest that williams established a general principle without regard to the peculiar facts and unusual circumstances i mentioned above at [22] ..... . broadcast's position was that it did not disclose the indian proceedings because its claim in singapore was for money already owing by zoom before the question of wrongful retention and damage to the ..... application for a stay is the appropriate procedure for enforcing an agreement to litigate in some other jurisdiction when a writ has been issued and served without irregularity other than a breach between the parties. 30 ..... . accordingly, the courts have held the following acts as steps in the proceedings such as seeking leave to defend or to strike out (pitchers, ltd v plaza (queensbury), ltd [1940] 1 all er 151), attending a summons for directions (county theatres ([46] supra), richardson v le maitre [1903] 2 ch 222 and ..... . section 33(1)(b) thereof states that for the purpose of determining whether the judgment of a foreign country should be enforced in the united kingdom, the person against whom the judgment was given shall not be regarded as having .....
Tag this Judgment!Court : Singapore Supreme Court
..... the board may carry on such activities as appear to the board to be advantageous, necessary or convenient for it to carry on for or in connection with the discharge of its functions and duties under this act and, in particular, the board may exercise the following powers: (a) to act as an agent for the government or, with approval of the minister, for any person, body or organisation for the transaction of any business connected with the tourism enterprise; (g) to acquire, take on lease, hire, ..... event, at the hearing before me on 9 september 2013, the plaintiff stated that it was no longer pursuing the discovery of documents relating to the efforts made by the defendant to obtain clearance from the stb, but that this was without prejudice to their right to file a fresh application for specific discovery of the same at a later stage in the proceedings. 28 ..... . finally, life insurance corporation was an indian case from the high court of punjab and haryana on s 123 of the indian evidence act 1872, where it was held that an annual confidential report of an employee did not attract the privilege. 78 ..... . this was a case where the appellants had sued the respondents for wrongful arrest and malicious prosecution ..... . section 125 of the evidence act (cap 97, 1997 rev ed) states that: no one shall be permitted to produce any unpublished official record relating to affairs of state, or to give any evidence derived therefrom, except with permission of the officer at the head of the department .....
Tag this Judgment!Court : Singapore Supreme Court
..... of any of the foregoing against any and all losses, damages, reasonable costs and expenses (including but not limited to legal costs on a full indemnity basis), charges, actions, suits, proceedings, orders, warrants, injunctions, claims or demands which may be brought against any of them or which any of them may suffer or incur in connection with or arising from (i) the provision of any facilities or the ..... whether the bill of lading presented was a conforming document, the dj held that a relevant consideration was whether bnp was obliged to act on any information supplied by the applicant for the letter of credit (ie, abani), or constructive knowledge that might possibly have been acquired ..... lading showing goods consigned to rotterdam and safely reject one showing goods consigned to singapore without requiring documentary proof of the fact that the former port is in europe and the ..... given the fact that i have arrived at the finding (as will be explained in the next section) that abani did not, in any event, suffer any prejudice from bnp's failure to include a prayer for indemnity costs in its defence, it is ..... to determine costs from statute, it must have the power to override the parties' agreement in order to preserve the ..... in the english court of appeal decision of fortis bank sa/nv v indian overseas bank [2011] 2 lloyd's rep 33 ("fortis bank (ca)"), thomas lj, in delivering the judgment of the court, observed at [29]-[30] that: in my view, a court must recognise the international .....
Tag this Judgment!Court : Singapore Supreme Court
..... liquidation if no liquidator has been appointed for that place, invite all creditors to make their claims against the foreign company within a reasonable time prior to the distribution; (b) subject to subsection (7), shall not, without obtaining an order of the court, pay out any creditor to the exclusion of any other creditor of the foreign company; and (c) shall, unless otherwise ordered by the court, only recover and realise the assets ..... section 350(2) provides as follows: provisions of division cumulative (2) this division shall be in addition to, and not in derogation of, any provisions contained in this or any other written law with respect to the winding up of companies by the court and the court or the liquidator may exercise any powers or do any act in the case of unregistered companies which might be exercised or done by it or ..... , ms beverly wee ("ms wee"), conceded that the respondents had not appealed against the judge's finding in this regard, but submitted that the activities of beluga chartering warranted a finding that beluga chartering was carrying on business in singapore through a wholly owned subsidiary or proxy and had come as close as a foreign company could do so without actually doing so. 54. ..... of jurisdictions: see in re commercial bank of south australia (1886) 33 ch d 174 at 178; english, scottish, and australian chartered bank at 394; re alfred shaw and co ltd ex parte mackenzie (1897) 8 qlj 93 at 96; re national benefit assurance co [1927] 3 dlr 289. .....
Tag this Judgment!Court : Singapore Supreme Court
..... noted that the indian authorities were not in unison, preferred the position expounded in aziz-ud-din and held: [a]n offence under this section is committed whenever any person falsely holds himself out to be a public servant, and does or attempts to do any act whatsoever under colour ..... , at tampines industrial avenue 4, singapore, did commit sexual assault by penetration of [the complainant] [dob], female/ then 16 years old, to wit, by penetrating the mouth of [the complainant] with your penis without her consent, and you have thereby committed an offence under section 376(1)(a) and punishable under section 376(3) of the penal code, chapter 224. ..... do the words 'in such assumed character does or attempts to do any act under colour of such office' appearing in s 170 of the penal code refer only to such acts as could legally be done by a person who in fact and in truth holds such office or do such words also cover acts which fall outside the permitted limits of the actual authority or power conferred or vested in the public servant whose character the accused pretends to ..... pw23 two options: the first was for pw23 to return home himself and the appellant would send warrant officers to check on him at his home while the appellant would send the victim home. ..... [1992] 1 slr(r) 63 ("frederick"), the court of appeal held (at [20]) that in a contested case the benchmark sentence for rape without any aggravating or mitigating factors would be 10 years' imprisonment and six strokes of the cane. .....
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