Knowledge (XXG)

Jetha v R

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218: 77:, a slightly earlier case, Dove-Wilson JP had rejected the defence of impossibility, since in there the duty with which the accused had failed to comply was an absolute one: "It is no excuse for him to say that he was ignorant . It was his duty to make himself aware of it, and if his neglect to do so has brought about his failure , he has contravened the law." 30:, with its bearing on the defence of impossibility. It was heard in the Natal Provincial Division on April 22, 1929, by Dove-Wilson JP, Tatham J and Matthews J. It was an appeal from the Durban Magistrate's Court. TB Horwood appeared for the appellant and JDM Rosenow for the Crown. The appellant's attorneys were CP Robinson & Goulding. 67:
Dove-Wilson JP held on appeal for the Natal Provincial Division that the appellant did not know and could not have known of the date of the meeting until after it was held. In addition, it would have been physically impossible for him to attend even if he had known the date. There was, therefore, no
42:
The magistrate, in his reasons, stated that he was satisfied, on the facts set out above, that it was physically impossible for appellant to attend the meeting. He convicted the appellant because he must have been aware, when he left the Union, of the act of insolvency which must have preceded his
38:
The appellant sailed for India on October 11, 1926; his estate was provisionally sequestrated on October 13, 1926. In March 1929, after his return, he was convicted of contravening section 142(a) of the Insolvency Act, in that he had failed to attend the first meeting of his creditors, held on
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sequestration. His failure to attend the meeting, therefore, was due to his own fault in leaving the Union with knowledge of such act. The magistrate referred to
159: 288: 252: 298: 293: 278: 245: 172: 91: 86: 27: 283: 50: 45: 225: 55: 229: 272: 73: 217: 53:, and said that, since the trial, his attention had been drawn to the case of 233: 253: 8: 260: 246: 120: 7: 214: 212: 232:. You can help Knowledge (XXG) by 14: 216: 289:South African criminal case law 92:South African law of insolvency 1: 299:South African case law stubs 294:KwaZulu-Natal Division cases 68:ground for his conviction. 315: 211: 87:South African criminal law 28:South African criminal law 279:1929 in South African law 224:This article relating to 226:case law in South Africa 26:is an important case in 16:South African legal case 39:November 11, 1926. 51:R v Mayer Brothers 241: 240: 193:(1927) 48 NPD 12. 127:(1929) 50 NPD 91. 46:R v Mahomed Abbas 306: 284:1929 in case law 262: 255: 248: 220: 213: 203: 200: 194: 191: 185: 182: 176: 169: 163: 156: 150: 143: 137: 134: 128: 125: 314: 313: 309: 308: 307: 305: 304: 303: 269: 268: 267: 266: 209: 207: 206: 201: 197: 192: 188: 184:CPD (24-12 28). 183: 179: 170: 166: 157: 153: 144: 140: 136:Act 32 of 1916. 135: 131: 126: 122: 117: 100: 83: 65: 36: 17: 12: 11: 5: 312: 310: 302: 301: 296: 291: 286: 281: 271: 270: 265: 264: 257: 250: 242: 239: 238: 221: 205: 204: 195: 186: 177: 164: 151: 138: 129: 119: 118: 116: 113: 112: 111: 99: 96: 95: 94: 89: 82: 79: 64: 61: 35: 32: 15: 13: 10: 9: 6: 4: 3: 2: 311: 300: 297: 295: 292: 290: 287: 285: 282: 280: 277: 276: 274: 263: 258: 256: 251: 249: 244: 243: 237: 235: 231: 227: 222: 219: 215: 210: 199: 196: 190: 187: 181: 178: 174: 168: 165: 161: 155: 152: 148: 142: 139: 133: 130: 124: 121: 114: 109: 105: 102: 101: 97: 93: 90: 88: 85: 84: 80: 78: 76: 75: 74:Rex v Korsten 69: 62: 60: 58: 57: 52: 49: 47: 40: 33: 31: 29: 25: 24: 19: 234:expanding it 223: 208: 198: 189: 180: 167: 154: 141: 132: 123: 103: 72: 70: 66: 54: 44: 41: 37: 22: 21: 20: 18: 104:Jetha v Rex 23:Jetha v Rex 273:Categories 106:(1929) 50 98:References 56:R v Moosa 81:See also 63:Judgment 228:is a 158:1916 145:1916 115:Notes 34:Facts 230:stub 175:130. 162:233. 149:178. 48:and 202:13. 173:HCG 147:CPD 110:91. 108:NPD 71:In 275:: 171:6 160:AD 59:. 261:e 254:t 247:v 236:.

Index

South African criminal law
R v Mahomed Abbas
R v Mayer Brothers
R v Moosa
Rex v Korsten
South African criminal law
South African law of insolvency
NPD
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1929 in South African law
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