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ADOPTION
Consent
Validity — Power to make Adoption Order
dependent upon consent of child's mother —
Adoption Board having statutory obligation
to satisfy itself that mother understands the
nature and effect of her consent —Consent
revocable until Adoption Order is made —
Mother not informed that consent revocable
and not given notice of meeting of Board at
which Adoption Order made — Marriage of
mother and father of child after Adoption
Order was made by Board — Whether
statutory requirements obligatory or
directory — Adoption order declared a nullity
- Adoption Act, 1952, ss. 14 (6), 15 (3) -
164/74 - Supreme Court - 2/6/76.
M. v. An Bord Uchtála.
AFFILIATION
Procedure
High Court jurisdiction — Jurisdiction
apparently dependent upon appropriate rules
of court — Rules not made — Jurisdiction not
excluded — Application of existing High
Court rules to create procedure similar to
procedure prescribed in statute —Claim for
maintenance in excess of District Court
jurisdiction - (212/75 - Supreme Court —
29/7/76).
O.
v.
W.
AGENCY
Principal
Knowledge — Agent's knowledge imputed to
principal normally — Otherwise where agent
involved in fraud or misfeasance against his
principal - (97/75 - Supreme Court -
18/3/76).
United Dominions Trust (Ir.) Ltd.
v.
Shannon
Car Hire Vans Ltd.
ARBITRATION
Reference
Contract — Sale of land — Purchase by
tenant of landlord's interest — Purchase price
not ascertained — Provision that price to be
the number of years purchase of rent that
would be fixed under Landlord & Tenant
(Ground Rents) Acts, 1967, if rent reserved
were a ground rent within meaning of that
Act — Price of ground rent under Act of
1967 ascertained by county registrar —
Registrar declining to perform function
sought to be imposed on him by tenant — No
agreement between parties to refer
differences to arbitrator — Contract not
specifying person to fix price — No
arbitration agreement within meaning of s. 2
of Arbitration Act, 1954 — No power in
court to appoint arbitrator — (1973 No.
236IP - Hamilton J. - 18/6/76).
Carr v. Phelan.
AUCTION
Reserve
Unlawful use of puffer — Reserve withdrawn
- (1974 No. 983P. - Hamilton J. -
27/1/76).
Early v. Fallon.
BANKRUPTCY
Mortgage
Fraudulent preference — Whether
company's intention was to prefer mortgagee
to other creditors — Intention not established
- Mortgage registered within one month of
liquidation - (1976 No. 118 Sp. -
McWilliam J. - 8/9/76).
Corran Construction Ltd.
v.
Bank of Ireland
Finance Ltd.
2
Property
Beneficial ownership — Bankrupt the
registered owner of 19,000 shares in
company — Admission during examination
that 7,600 shares belonged to third party -
Evidence establishing beneficial ownership of
those shares not in bankrupt — (No. 1633 -
Hamilton J. - 7/5/76).
In re O'Keeffe.
CASE STATED
District Court
Jurisdiction — Extradition — Corresponding
offence — Question of mixed fact and law —
District Justice having power to state Case —
(111/1973 - Supreme Court - 22/7/76).
Murphy v. Bayliss.
COMPANY
Charge
Validity — Inaccurate particulars of
mortgage delivered to registrar of companies
after expiration of statutory time limit —
Statute declaring that charge on company's
property to be void in that event — Registrar
giving certificate of due registration —
Statute also stating that such certificate to be
conclusive evidence of due registration of
charge — Liquidator of company bound by
statutory effect of registrar's certificate
Companies Act, 1963, ss. 99, 104 - (1976
No. 37 Sp. - Hamilton J. - 10/12/76).
Lombard & Ulster Banking (Ir.) Ltd. v.
Amurec Ltd. (in Liquidation).
Mortgage
Fraudulent preference — Whether
company's intention was to prefer mortgagee
to other creditors — Intention not established
— Mortgage registered within one month of
liquidation - (1976 No. 118 Sp. -
McWilliam J. - 8/9/76).
Corran Construction Ltd. v. Bank of Ireland
Finance Ltd.
Winding up
Constitution — Articles and memorandum —
Assets for distribution are not profits —
Whether company precluded by its
constitution from distributing profits among
its members - (1974 No. 28 - Kenny J. -
22/1/76).
Wilson v. Dunnes Stores (Cork) Ltd.
Winding up
Secured creditor — Bank loan to company on
strength of existing contract by company to
sell its lands and business as a going concern
— Company undertaking to repay loan out of
purchase price —Subsequent order winding
up company — Whether bank having
equitable charge on purchase money —
Whether bank having a charge on book debt
requiring registration under Companies Act,
1963 - ( 1 9 7 4 No. 175 IP - McWilliam J . -
1/6 and 21/7/76).
In re Kum Tong Restaurant (Dublin) Ltd.
COMPULSORY ACQUISITION
Compensation
Assessment — Value of land at date of notice
to treat — Two notices to treat — First notice
served before compulsory purchase order
became operative —Arbitrator appointed on
application of acquiring authority —
Statutory power of authority to serve notice
after order became operative - Whether
landowner had altered his position as a result
of service at first notice - Whether authority
had adopted first notice by appointment of
arbitrator — Value of land at date of second
notice proper basis for assessment — Service
of first notice ultra vires acquiring authority
- No estoppel in face of statute —Housing
Act, 1966 s. 79 - (1976 No. 143 SS -
McMahon J. - 24/6/76).
Greendale Building Co.
v.
Dublin County
Council.
CONSTITUTION
Legislation
Reference of Bill to Supreme Court - Bill
expressed to be for purpose of securing public
safety and the preservation of the State —
Time of armed conflict in which State not a
participant — Resolutions of Houses of
Oireachtas as to existence of national
emergency — Constitution of Ireland, Articles
26, 28. 3(3) - (Supreme Court - 15/10/76).
Emergency Powers Bill, 1976.
Legislation
Reference of Bill to Supreme Court —
Presumption of constitutionality — Extra-
territorial effect of enactment — Special
Criminal Court — Evidence on commission —
Right of representation includes right to
cross-examine — Admissibility of evidence —
Accused entitled to statement of evidence
(Supreme Court - 6/5/76).
In re Criminal Law (Jurisdiction) Bill, 1975.
Personal rights
Bodily integrity — Prisoner's state of mind
disturbed — Self-inflicted injuries — Stringent
conditions of detention — Right not infringed
- (1975 No. 140 SS. - Finlay P. - 13/4/76).
The State (Crawley) v. Governor of Mountjoy
Prison.
Personal rights
Liberty — Detention of suspect beyond period
allowed — Detention prolonged to enable
suspect to complete statement — Detention
unlawful - (5-8/76 - C.C.A. - 16/11/76).
The People (D.P.P.)
v.
Madden á Ors.
Prison Governor
Prison discipline — Breach of discipline by
prisoner serving sentence — Punishment
imposed by Prison Governor in accordance
with regulations — Governor exercising
limited function and power of a judical nature
in a matter other than a criminal matter —
Punishment not unconstitutional —
Constitution of Ireland, Article 37 - (1975
No. 613 SS - High Court - 21/1/76).
The State (Murray) v. Governor of Limerick
Prison.
Statute
Validity - Delegated legislation - Statutory
instrument - Price control - Sale of
intoxicating liquor - Whether principles of
natural justice applicable to exercise of
legislative power — Point not decided as
instrument not made arbitrarily or
capriciously (1974 No. 1146P - McMahon J.
- 28/6/76).
Cassidy v. Minister for Industry and
Commerce.
Statute
Validity - Delegated legislation - Power of
statutory body to select class of employers
and to impose levy on each employer in that
class — Levy to be used for training
apprentices —Statutory instrument enabling
body to impose levy based on an estimate in
event of employer failing to make required
returns - Whether instrument
ultra vires
the
statute conferring the power — Industrial
Training Levy (Printing and Paper Industry)