Mistakable - Judgment Search Results

Futter and Another Vs. the Commissioners for Her Majesty's Revenue and ...

Court: UK Supreme Court

..... abstract terms equity unlike many continental systems has not adopted roman law s classification of mistakes error in negotio the nature of the intended transaction error in corpore the subject ..... acceleration of the adult children s interests but the seriousness of the consequences of the mistake was greatly enhanced by the inheritance tax implications on the test proposed above consequences .....

Deutsche Morgan Grenfell Group Plc (Respondents) Vs. Her Majesty's Com ...

Court: House of Lords

..... the whole point of the appellant bank seeking to overturn the rule barring recovery for mistake of law the majority decided to overturn the rule despite explicitly acknowledging that an indefinitely ..... the consequences of treating the woolwich principle as exhaustive and exclusive especially as regards i mistake of fact ii limitation of actions and iii legal certainty of any proposed exception and .....

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court: UK Supreme Court

..... thirdly there may be an account settled in consequence of mistakes if the mistakes are sufficiently serious there can be a reopening of the ..... with actions for the recovery of tax paid under a mistake of law mistake of law is a more limited cause of action which ..... law the taxpayer company had made a retrospective or deemed mistake the mistake consisted in its failing to appreciate that it was entitled .....

Jerman Vs. Carlisle, Mcnellie, Rini, Kramer and Ulrich Lpa

Court: US Supreme Court

..... for petitioner 32 for instance in its view interpreting 1692k c to encompass legal mistakes might mean that nonlawyer debt collectors could obtain blanket immunity for mistaken interpretations of ..... issues what subjective intent is necessary for liability what procedures are necessary to avoid legal mistakes what standard applies to procedures adopted by attorney debt collectors as compared to non .....

Jimmy Abraham Thomas and ors. Vs. the State of Maharashtra and ors.

Court: Mumbai

Reported in: 2002(1)ALLMR1; 2002(3)BomCR219

..... that the examiners paper setters have reduced the minutes of the meeting by admitting their mistake expressing their regret for the inadvertent error and by tendering their sincere apology for the ..... of convenience of all concerned including the candidates so also to avoid any confusion and mistakes by granting double admissions etc the respondents have decided to cancel all the admissions so .....

Rakesh Dhariwal Vs. Balaji Marble Mines, Makrana and Others

Court: Rajasthan Jodhpur

..... not empowered to make roving enquiry and order reconstitution of the firm while rectifying the mistake the registrar is not empowered to adjudicate any dispute including inconsistencies in the entries ..... registrar only after arriving at an absolute satisfaction about commission and existence of such mistake necessary satisfaction to rectify such error can be arrived only after examining the stand .....

Olivine Capital Pte Ltd. and Another Vs. Chia ChIn Yan and Another

Court: Singapore Supreme Court

..... in fact two broad categories of common mistake common mistake at common law and common mistake in equity respectively as we shall very ..... party cannot be allowed to rely on a common mistake where the mistake consists of a belief which is entertained by him ..... the respondent had actual or constructive knowledge of the appellants mistake and if the respondent had constructive knowledge whether the .....

Sempra Metals Limited (formerly Metallgesellschaft Limited) (Responden ...

Court: House of Lords

..... of action this distinction it was submitted provides a principled justification for treating sempra s mistake based claim differently from its other claims so far as compound interest is concerned 124 ..... equitable and therefore discretionary remedy 151 the discussion about whether interest on money paid by mistake can be recovered as part of a restitutionary remedy has led your lordships to consider .....

i.T.C. Ltd. Vs. George Joseph Fernandez and anr.

Court: Kolkata

Reported in: AIR1982Cal440

..... misrepresentation there is no scope of any allegation oi mutual mistake or mistake of the plaintiff the case is not a case for ..... judge observ ed that the pleadings required for fundamental breach mistake and illegality had been pleaded by artful drafting filing the ..... had observed that the rules dealing with the effect of mistake on contracts appeared to be established with reasonable clearness and .....

State of Uttar Pradesh and ors. Vs. Kanhaiya Lal Makund Lal Sarraf

Court: Allahabad

Reported in: AIR1956All383; [1956]7STC579(All)

..... amount in dispute was paid by the respondent firm under a mistake of law and is therefore irrecoverable the advocate general also stated ..... advocate general was that section 72 has no application where the mistake under which money has been paid is one of law ..... pressure the english law is wellsettled that money paid under a mistake of law orvoluntarily cannot be recovered in an action formoney had .....