The Court of Appeal presided by Mr Justice Lawrence Mintoff dismissed the appeal filed by Conrad Galea, trading as Chanlai Auto Dealer, against Neil Andrew Vella
The parties to a contract enter into it in good faith and are bound by what is written
Accepting the rent irrespective breach of contract has its consequences
The fact that the lessor accepted the rent for several years, even though there was a breach of the lease conditions on the part of the lessee, has its...
The fact that the lessor accepted the rent for several...
Non observance of procedures does not necessarily annul an expropriation
Not every non observance of the procedure outlined by law, would result in the revocation of an expropriation
Not every non observance of the procedure outlined by law,...
Financial Adviser’s position may be a material fact in a financial services complaint
The fact that an investor is also an investment adviser, has bearing on the fact that he took decisions that he was well aware of the risks that were being...
The fact that an investor is also an investment adviser,...
The importance of signatures in tender bids
The signatures required in bids for tenders are important because a tender is a...
The signatures required in bids for tenders are important...
European arrest warrants are based on mutual trust among EU states
European Arrests Warrants system within the European Union is based on the...
European Arrests Warrants system within the European Union...
Teachers should have a good conduct throughout their career
Teachers must hold on to the requisites of their warrant throughout their...
Teachers must hold on to the requisites of their warrant...
Can the rearing of pigeons amount to harassment?
The offence of harassment requires the principle of this offence to behave in...
The offence of harassment requires the principle of this...
Fundamental elements of the warrant of prohibitory injunction
The warrant of prohibitory injunction prevents a person or entity from doing...
The warrant of prohibitory injunction prevents a person or...
Impossibility of paying maintenance is no defence in criminal proceedings
The defence of impossibility in criminal proceedings does not eliminate criminal responsibility
The defence of impossibility in criminal proceedings does...
If the accused understands the charges, then guilty plea stands
If the accused understand that the charges he is admitting to, then that guilty...
If the accused understand that the charges he is admitting...
Contracts obtained by fraud must be of a serious nature
When one alleged that a contract was obtained by fraud, then that party must...
When one alleged that a contract was obtained by fraud,...
Court does not give weight to government rent subsidy in deciding rent increases
The Court will not take into consideration whether a tenant is entitled to a subsidy when establishing a fair rent
The Court will not take into consideration whether a tenant...
Ordinary remedies must be used before asking for a judicial review
Parties subject to an administrative decision must first avail themselves of...
Parties subject to an administrative decision must first...
If one wants to file an action for a retrial, the appropriate procedure must be used
Not any action may be used for the purposes of a retrial, in terms of Article 811 of the Code of Organisation and Civil Procedure
Not any action may be used for the purposes of a retrial,...
Police must not rest on a report but investigate before issuing charges
The police must not issue charges on the basis of a police report without first carrying out an investigation in order to establish whether the dispute is of a...
The police must not issue charges on the basis of a police...
Pretended rights charges borders on the civil law rights
Although the charge of pretended rights is a crime, it is not far off from...
Although the charge of pretended rights is a crime, it is...
Constructive dismissal takes place when employee is forced to resign against his will
When resigns not because he wants to but because of the situation he or she is found at the place of work, is termed constructive dismissal
When resigns not because he wants to but because of the...
A direct relationship establishes a juridical relationship
The involvement of a third party in a contract of works puts in doubt the...
The involvement of a third party in a contract of works...
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