Court : South Africa Supreme Court of Appeal
Decided on : Nov-28-2012
..... (i) affixed to the public notice board of the council; and (ii) published in a newspaper in accordance with section 91 of the republic of south africa constitution act, 1983; in which any person who wishes to object to the exercise of such power, is called upon to lodge his objection ..... as are necessary to show such closing and the registrar of deeds or other registration officer concerned shall thereupon make corresponding entries in his registers (s 67 (10)).  section 67 therefore provides in considerable detail for a notice to be given, the contents of the notice to be given ..... . . must be fair, equitable, transparent, competitive and consistent with the supply chain management policy which the municipality must have and maintain in terms of section 111. clearly, what is contemplated is that the council must take the decision referred to in subsection (2)(a) and that it must be recorded in ..... to the proposed lease before exercising the power to let, is that the jurisdictional fact necessary for the exercise of the power was absent. in terms of section 79(18)(c)a council shall notexercise the power [to let immovable property] . . . unless [it] has considered every objection?. (my emphasis.) ..... comments that public participation must be completed before the council took a resolution and that the alienation of land must take place in terms of section 14(1) of the mfma. the report recommended that the stand be alienated by a competitive bidding process in accordance with the mfma. [ .....Tag this Judgment!
Court : South Africa Supreme Court of Appeal
Decided on : Nov-29-2012
..... at 800d-g. para 46 of the main judgment notes the difference of language between the provisions of the admission of advocates act and the corresponding provision in s 22 of the attorneys act. it is unnecessary to go into the effect of that difference as it does not arise in the present case. 48. ..... been done on the brief and what time and effort has gone into that work; they know in broad terms the fees charged by advocates of comparable seniority and ability for similar work. this creates what economists call information asymmetry between the advocate and the client and even the attorney, one of ..... 86. mm corbett 'writing a judgment' in (1998) 115 salj 116 at 117, echoing his judgment in this court in botes v nedbank ltd en ander 1983 (3) sa 27 (a) at 28a. 87. law society of the cape of good hope v peter supra para 29. 88. main judgment para 73, where ..... ; kekana v society of advocates of south africa  zasca 54; 1998 (4) sa 649 (sca) at 654 d-f. 15. at 654e-h. 16. 1983 (4) sa 488 (a) at 494h-495(a). 17. s v pillay 1977 (4) sa 531 (a) at 535b. 18. fine v society of advocates ..... section 14 of the constitution .10  the investigating committee i will call it the de vos committee to distinguish it from another committee that was subsequently appointed commenced enquiring into the matter. meanwhile n maritz sc, acting as pro-forma prosecutor, had formulated charges against the various advocates. in each they were charged with multiple counts of double-briefing and corresponding .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-14-2012
..... and function. 52. equally, dr.chaugule who was examined spoke about the birth of child on 16.01.1989 in his hospital and this fact correspond to the entry in the birth and death register. this entry in the birth and death register coupled with exhibit-192 and deletion of the earlier ..... the births and deaths registers maintained by the statutory authority raise a presumption of correctness. such entries are admissible in evidence in terms of section 35 of the indian evidence act, 1872. mr.kumbhakoni has laid emphasis on the aspect that these entries may be relevant, but this will have to be proved and ..... the impugned judgment that all these 14 documents depict that the birth date is 16.01.1989. mr.kumbhakoni submits that reliance placed on section 35 of the indian evidence act, 1872 will not mean that the entries therein are proved. in other words, even if what are produced are public documents, what ..... patently erroneous and unsustainable. mr.kumbhakoni has taken me through some of the documents in the compilation and particularly exhibit 191. mr.kumbhakoni submits that the chart produced will show that the name of arif as against entry made in 1986 is deleted. as against the year 1989, the name of arif has ..... appearing on behalf of the petitioner, submits that the record would refer to the fact that the petitioner's mother was married on 10.10.1982. in 1983, her first child was born. unfortunately, he died in two days. the second child was born in 1984, but died in one month. the third .....Tag this Judgment!