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When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be legally accepting the...
When a landlord does not accept the termination of a lease agreement, but rents the same property to a third party, this would in fact mean that he would be legally accepting the...
An immigrant is not considered to be staying in Malta illegally when he is not officially notified of his termination of employment
An immigrant shall not be deemed to be overstaying from a date of termination of employment when such date was determined only by the employer and the...
An immigrant shall not be deemed to be overstaying from a...
A judicial letter must also be notified to the authorised insurance in motor vehicle collisions
In Motor vehicle collisions, where the claim arises under the Motor Vehicle Insurance (Third Party Risk) Ordinance, the judicial letter shall also be notified...
In Motor vehicle collisions, where the claim arises under...
Violation of the Right to Property – Post Introduction of Controlled Rent Residential Leases Act
The operations of the Reletting of Urban Property Ordinance, Chapter 69 of the Laws of Malta and Act X of 2009 violated the fundamental rights of the plaintiff...
The operations of the Reletting of Urban Property...
Good faith is an essential component of contracts
A contractual obligation is created through an agreement that is reached...
A contractual obligation is created through an agreement...
Adultery should be automatically mean the responsibility of the breakdown of marriage
Spouses are bound at law to be faithful to each other, however, if one of the spouses is adulterous, this does not automatically mean that that spouse is...
Spouses are bound at law to be faithful to each other,...
Court orders that a statement cannot be made use of by the prosecution once a lawyer was not present for the interrogation
Although the law allowing a lawyer to be present at an interrogation was not in the statute books at the time when the interrogation took place
Although the law allowing a lawyer to be present at an...
Care and custody of a child is based on the principle of what is in the best interest and advantage of that child
Care and custody is not based solely on who is the better parent, but the court must see the best interest of the child in the widest sense.
Care and custody is not based solely on who is the better...
Criminal liability can only be imposed if the formal and material conditions exist concurrently
The prosecution must prove that both the material element and the formal element of the crime existed at the same time for a person to be held criminally liable
The prosecution must prove that both the material element...
Contractor must pay for work carried out
The general principle of contract of works is that if the works are carried out, then payment must be affected.
The general principle of contract of works is that if the...
For a tender to be cancelled serious irregularities must be proven
The fact that the contracting authority did not follow anti-competition...
The fact that the contracting authority did not follow...
Individuals cannot force government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
Although individuals may have property adjacent to...
Individuals cannot for the government to issue property on tender
Although individuals may have property adjacent to government land, they do not...
Although individuals may have property adjacent to...
Interim measures in human rights cases should be applied in exceptional cases
An interim measure should be allowed in very exceptional circumstances, such when the life of an individual is in danger
An interim measure should be allowed in very exceptional...
Court will only investigate a request for a counter-warrant on a prima facie basis
The Court cannot enter deeply into the merits of the case, in order to decide whether it should issue a counter warrant for a garnishee order
The Court cannot enter deeply into the merits of the case,...
A suspicion is not evidence
Circumstantial evidence is like a chain of evidence that must lead to the guilt of the accused
Circumstantial evidence is like a chain of evidence that...
Aggrieved bidder should not be penalised by mistake of contracting authority
Whenever a bidder in a public call for tenders feels that a decision taken by a Contracting Authority has been unjust in its regard the first possibility for...
Whenever a bidder in a public call for tenders feels that a...
Tacit resolutive condition may dissolve agreement only in grave circumstances
The Court will dissolve an agreement containing a tacit resolutive condition when there are grave reasons substantiating the claim
The Court will dissolve an agreement containing a tacit...
Court must be morally convinced charges admitted to actually exist
The Court when faced with a guilty plea must be still convinced that the charge...
The Court when faced with a guilty plea must be still...
