An tAire Poist agus Telegrafa v Cáit Bean Uí Chadhain
Jurisdiction | Ireland |
Judgment Date | 01 January 1998 |
Court | High Court |
- Cúirt Uachtarach - Cás riofa comhairleach- Leagan amach na Cúirte Uachtaraí i leith chais ríofa - Pé acu on bpleifidh an Chúirt le ceisteanna dli nach neirionn go fior agus go cinnte sa chúis - Acht Cúirteanna Breithiúnais, 1947, (Uibh. 20), a. 16.
Ar an 23ú lá d'Eanáir, 1979, ciontaíodh an cosantóir sa Chúirt Dúiche, Baile Átha Cliath, as teilifísean a choiméad agus a bheith ina seilbh aici ar an séú lá Deireadh Fómhair, 1978, gan ceadúnas a bheith aici ina leith, agus hordaíodh di suim deich bpunt d'ioc mar fhineáil agus mura n-íocfadh sí an méid sin i a phríosúnú go ceann ceithre lá déag gan daor obair. Ar an 20í lá Samhain 1980, tháinig achomharc an Chosantóra in agaidh breith na Cúirte Dúiche fé bhráid na Cúirte Cuarda. Nuair a tháinig deireadh leis an bhfianaise a tugadh thar cheann an Ghearánaí agus thar cheann an Chosantóra, chuir an Breitheamh Cuarda in iúl do na páirtithe go ndéanfadh sé an t-achomharc a ligean i bhfábhar an Chosantora mura n-iarrfadh an Gearánaí go gcuirfí cás ríofa ós comhair na Cúirte Uachtaraí agus chuir sé an éisteacht ar athló go dtí an 11ú Nollag le deis a thabhairt don Ghearánaí machnamh a dhéanamh ar an sceal. Ar an 11ú Nollag, d'iarr an Gearánaí go ndéanfaí amhlaidh agus do dhein an Breitheamh Cuarda cás a ríomh don Chúirt Uachtarach fá alt 16 den Acht Cúirteanna Breithiunais, 1947 ar théarmaí go n-íocfadh an Gearánaí costais an Chosantóra. Udraíonn alt 16 den Acht 1947 don Bhreitheamh Cuarda "ar iarratas chuige...
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