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A Digest of Selected Judgments of the Supreme Court of Israel

Published online by Cambridge University Press:  16 February 2016

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Abstract

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Type
Cases
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1988

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References

1 18 L.S.I. 111.

2 3 L.S.I 3.

3 Reuven v. Chairman and Members of the Law Council (1951) 5 P.D. 737; also Attorney-General v. Matana (1960) 16 P.D. 430 (English translation appears in S.J., vol. IV, p. 112).

4 L.S.I. Special volume, 1977.

5 21 L.S.I. 78, at 80.

6 Sec. 13(a) provides: “The President of the State shall not be amenable to any court or tribunal, and shall be immune from any legal act, in respect of anything connected with his functions or powers”.

7 (1973) K.T. 872, at 875.

8 (1986) 40(i) P.D. 169.

9 27 L.S.I. 117.

10 (1985) 39(ii) P.D. 737, at 741.

11 3 L.S.I. [N.V.] 28. Sec. 2(1) and 2(2) provides:

(1) the holding in common – in whatever form and of whatever description – of property or of any right therein shall not of itself create a partnership relation between the holders of the property or right, even if they share any profits made by the use thereof;

(2) the sharing of gross returns of any property shall not of itself create a partnership relation, whether the persons sharing have or have not a common right or interest in the property;

12 25 L.S.I. 11. Sec. 6 provides:

For the purposes of this article, “fundamental breach” means a breach as to which it may be assumed that a reasonable person would not have entered into the contract had he foreseen the breach and its consequences, or a breach as to which it has been agreed in the contract that it shall be regarded as fundamental; a sweeping stipulation in a contract making breaches fundamental without differentiating between them is invalid unless it was reasonable at the time the contract was made.

13 Yosef and others v. S. Kaniel and others (1981) 35(iv) P.D. 796, at 800; Yitzhaki and others v. Shor and others (1984) 38(iii) P.D. 620, at 626.

14 E.g. Rosner and others v. T.L.M. Buildings Construction and Development Co. Ltd. (1978) 32(iii) P.D. 682, at 686.

15 Drayton, , Laws of Palestine, vol, III, p. 2475Google Scholar. Sec. 5(1)(a) states:

5(1) Subject to the provisions of this Act, the author of a work shall be the first owner of the copyright therein:

Provided that:

(a) where, in the case of an engraving, photograph, or portrait, the plate or other original was ordered by some other person and was made for valuable consideration in pursuance of that order, then, in the absence of any agreement to the contrary, the person by whom such plate or other original was ordered shall be the first owner of the copyright; and …

16 University of London Press. Ltd. v. University Tutorial Press. Ltd. [1916] 2 Ch. 601. at 608: MacMillan and Co. Ltd. v. Cooper (1923) 40 T.L.R. 186.

17 State of Israel v. Achiman (1972) 26 (ii) P.D. 259. at 261.

18 University of London Press, supra n.16, at 608; Bleistsein v. Donaldson Lithographic Co., 188 U.S. 239 (1903).

19 C.B.L. Fiberglass Engineering Ltd. v. Lishek (1977) 31(iii) P.D. 333, at 335.

20 Kotlitsky v. Alkalay (1982) (i) P.M. 387.

21 2 L.S.I. [N.V.] 5.

22 E.g., concerning similar circumstances, Williams v. Mersey Docks and Harbour Board [1905] 1 K.B. 804 (C.A.).

23 Western Union Telegraph Co. v. Preston, 254 F. 229 (1918).

24 De Hart v. Ohio Fuel Gas Co., 85 N.E. 2d 586 (1948).

25 Sec. 78 provides:

Where the death of any person is caused by any civil wrong and such person would, if death had not ensued, have been entitled at the time of his death under the provisions of this Ordinance to compensation in respect of bodily injury caused to him by such civil wrong, the spouse, parent and child of such deceased person shall be entitled to compensation from the person responsible for such civil wrong.

26 1 L.S.I. [N.V.] 145.

27 As amended 29 L.S.I. 215, at 219; the section was later further amended in (1984) S.H. no. 1107, p. 56 at 57.

28 (1985) 39(i) P.D. 579.

29 Drayton, , Laws of Palestine, vol. III, p. 2569Google Scholar.

30 (1958) K.A. 378, at 381.

31 8 L.S.I. 144.

32 Sec. 18 provides:

The Minister of Justice may order the carrying out of the extradition of a wanted person whose declaration as subject to extradition has become final, and the wanted person may thereupon be surrendered to the requesting state and be transferred outside the boundaries of Israel.

33 See e.g., Eain v. Wilkes, 641 F.2d 504 (1981), concerning the extradition from the United States to Israel of a P.L.O. member who committed terrorist acts against civilians in Tiberias.

34 L.S.I. Special volume, 1977.

35 9 L.S.I. 102.

36 2 L.S.I. [N.V.] 198. Sec. 9 provides:

Evidence of a statement made at the time when, or shortly before or after, an offence is alleged to have been committed and directly relating to a fact relevant to the case is admissible if the statement was made by a person who is himself a witness.

37 Sec. 11 states: “A person shall not be convicted on evidence under section 9 unless it is supported by other evidence”.

38 19 L.S.I. 158.

39 34 L.S.I. 231.

40 36 L.S.I. 35.

41 Sarsur and others v. State of Israel (1974) 28(ii) P.D. 203.

42 Yehudai v. Attorney-General (1957) 11 P.D. 365.

43 Cohen v. State of Israel (1980) 34(i) P.D. 480.

44 3 L.S.I. [N.V.] 5.

45 Vaknin v. Military Court of Appeals and another (1983) 37(ii) P.D. 393. A digest of this case appeared in (1984) 19 Is.L.R. 523, at 578Google Scholar.

46 35 L.S.I. 136.

47 Sec. 32 provides:

Material obtained by the commission of an infringement of privacy shall not be used as evidence in court without the consent of the injured party, unless the court, for reasons which shall be recorded, permits it to be so used or if the infringer, being a party to the proceeding, has a defence or enjoys exemption under this Law.

48 Sec. 24(8) of the Civil Wrongs Ordinance [New Version] (2 L.S.I. [N.V.] 5; sec. 20A of the Military Justice Law, 1955 (9 L.S.I. 184, as amended 18 L.S.I. 140); and reg. 10 of the Prisons Regulations, 1978 (K.T., no. 3882, p. 1958).