Digital Commons Network^™

Wolff-Bloch V. Jerusalem District Assessing Officer, Alfred Witkon, Yoel Sussman, Shneor Zalman Cheshin

Translated Opinions

The appellant, a dentist who had travelled to the U.S.A., and had spent 10 weeks there studying the latest developments in her profession, claimed the expenses so incurred by her as a deduction for purposes of income tax on the ground that they were incurred "in the production of income." The Assessing Officer refused to allow the deduction and this decision was upheld by the District Court.

Held, allowing an appeal (Cheshin D.P. dissenting), that the expenditure incurred by the appellant was incurred for the purpose of preserving "an existing asset" and could properly be deducted.

Mandelbrot V. Attorney General, Shimon Agranat, Moshe Silberg, David Goitein

Translated Opinions

The appellant was charged under section 214(b) of the Criminal Code Ordinance, 1936, with the murder of one Meir Shifman. He was employed at the Ata textile works in the north of Israel in the year 1951. On December 26, 1951, he went to work taking a loaded revolver with him. At 9.30 a.m. he went towards a fellow employee, with whom he had at one time been friendly, one Luba Kreiner, and fired two shots at her which struck her in the right arm. She tried to run away from the appellant, but tripped up and fell. Shifman, …

Barriya V. Kadi Of The Sharia Moslem Court, Yitzhak Olshan, David Goitein, Zvi Berinson

Translated Opinions

An application was made to a Moslem Religious Court by the aunt of three minor children to be appointed their guardian. The applicant's deceased brother, the father of the children, had directed before his death that the mother of the children should be their guardian. After his death the mother had remarried and the aunt, relying upon Moslem law, had taken the children into her care and had prevented them from remaining with their mother.

In the course of the proceedings before the Moslem Religious Court the mother submitted (inter alia) that she was entitled to the guardianship by virtue …

Asslan V. Commander And Military Governor Of The Galilee, Moshe Landau, Yitzhak Olshan, Moshe Silberg

Translated Opinions

HCJ 288/51 addressed an opposition to an order nisi ordering the Respondent to show cause why he should not refrain from removing the Petitioners from a closed area. The order was made absolute in regard to Petitioner 35, and cancelled in regard to the others. HCJ 33/52 addressed an opposition to an order nisi ordering the Respondent to show cause why the Petitioners and their families not be granted entry and exit permits under an area closure order. The order was made absolute in regard to Petitioners 29 and 30, and cancelled in regard to the others.

An order declaring …

Burka'an V. Minister Of Finance, Haim Herman Cohn, David Bechor, Meir Shamgar

Translated Opinions

An order nisi required that Respondent 2 (The Company for the Reconstruction and Development of the Jewish Quarter) show cause as to why it should refrain from granting a lease to the Petitioner for one of the apartments regarding which the Respondent published an “offer of apartments to the public”, and why the provision under which the offering is limited to Israeli citizens and new olim [immigrants under the Law of Return] should not be revoked.

The High Court of Justice held:

A. The Respondent’s demand that the lessees of apartments in the Jewish Quarter of Jerusalem’s Old City be …

Yehoshua V. Appeals Tribunal Under The Invalids Law, Yitzhak Olshan, Zvi Berinson, Alfred Witkon

Translated Opinions

The petitioner applied to the High Court for an order of certiorari against the Appeals Tribunal set up under the Invalids (Pensions and Rehabilitation) Law, 1949, and prayed to set aside the decision of the Tribunal rejecting his appeal against the refusal of the competent authority to recognise his right to a pension. He alleged that the Tribunal had ignored certain medical evidence.

Held (by Olshan P. and Berenson J., Witkon J. dissenting):

(1) The High Court has no jurisdiction to review the decision of the Appeals Tribunal, and the application must be refused.

Zeraubavel v. Appeals Tribunal under Fallen …

Rosenbaum V. Zeger, Moshe Silberg, Zvi Berinson, David Goitein

Translated Opinions

In September 1950, the appellant lent to the respondents for a period of two years the sum of I.L. 800.- secured by a mortgage on land and a building registered in the Land Registry. To ensure the return of a sum equivalent to the amount lent, and having regard to a possible fall in the value of the Israel pound, it was provided by clause 9 of the mortgage deed that, if at the time of payment the value of the land and building had risen, the lender should receive on repayment an addition to the sum of I.L. 800.- …

Jiday V. Chief Execution Officer And Sweidan, David Goitein, Shimon Agranat, Zvi Berinson

Translated Opinions

The second respondent, the wife of the petitioner, claimed maintenance against her husband in the religious court of her community, the Greek Catholic Melkite Community. The religious court gave judgment in her favour and the petitioner, her husband, appealed to the Court of Appeal of the Community. The Appellate Court confirmed the judgment and ordered the petitioner to pay his wife the sum of IL. 90.- per month as follows: IL. 60.- monthly, commencing April, 1953, and the balance from his share in his father's estate, due after the father's death. The second respondent duly applied to the first respondent …

Atia V. Rosenbaum, Zvi Berinson, David Goitein, Moshe Landau

Translated Opinions

The plaintiff was employed by the defendant to work an electrically-driven wool-teasing machine. On January 17, 1951 the plaintiff was cleaning the machine when his hand got caught and, before it could be released, was seriously injured. The plaintiff sued the defendant for damages for negligence and breach of the statutory duty to fence securely every dangerous part of any machinery or to provide the other safety measures set out in s. 18(1) of the Factories Ordinance, 1946

The Court of first instance, in dismissing the claim, held that there had been no breach of statutory duty because the employer …

Seedis V. Seedis, Shimon Agranat, Moshe Landau, Y. Hochman

Translated Opinions

In a suit between husband and wife before a Rabbinical Court, it was held that the husband by virtue of a usufruct accorded to the husband by Jewish law, was entitled to receive the rent of a certain property registered in the Lands Registry in the wife's name. The Rabbinical Court had purported to exercise jurisdiction under Article 51 and 53 of the Palestine Order in Council, 1922, in terms of which "suits regarding marriage" or "matters of marriage" are within the exclusive jurisdiction of the religious courts. The wife petitioned the High Court of Justice to restrain the levy …

Deutsch V. Attorney General, Shimon Agranat, David Goitein, Yoel Sussman

Translated Opinions

The effect of the provision in section 217 of the Criminal Code Ordinance, 1936, 1) that "an unlawful omission is an omission amounting to culpable negligence to discharge a duty (of care)..." is that a person can be convicted of the offence of manslaughter, defined in section 212 2) as "causing the death of another person by an unlawful act or omission", only where it is proved:

(a) that the lack of care on the part of the accused amounted to "gross negligence", that is to say, was a serious divergence from the standard of reasonable care, and

(b) that …

Kiwaan V. Minister Of Defense, Shneor Zalman Cheshin, David Goitein, Zvi Berinson

Translated Opinions

An order of deportation was issued against the petitioner who had lived in Palestine and who in the year 1948 had been registered in the Register of Inhabitants. He had been compelled in 1949 to leave the country as a result of army action and had lived for a while in a neighbouring Arab country. He returned to Israel without permission and as a result of subsequent court proceedings was held to be entitled to receive and did receive an identity card. The petitioner now contended that as he was the holder of an identity card and had become an …

Skornik V. Skornik, Yitzhak Olshan, Shimon Agranat, Alfred Witkon

Translated Opinions

The parties were married in Poland on April 2, 1948, according to civil law, without a religious ceremony. They were at that time Polish citizens who were domiciled in Poland, and they remained domiciled in that country after their marriage. They immigrated to Israel in 1950 and thereupon became stateless. Thereafter the husband instituted action against the wife in a District Court for the return of effects or payment of their value, and the wife counterclaimed for maintenance. It was held in the District Court that, in accordance with the principles of international law, the law to be applied in …

Cohen And Bousslik V. Attorney General, Moshe Silberg, Yoel Sussman, Shneor Zalman Cheshin

Translated Opinions

The appellants, Aharon Cohen and Bella Bousslik, went through a form of marriage ceremony in the office of their advocate. They had previously requested the Rabbinate to marry them but since the petitioner, Cohen, was regarded as of Priestly stock, and Bella Bousslik was a divorcee, the Rabbinate refused to solemnize their marriage because of the Biblical injunction forbidding the marriage of a "Priest" (kohen) and a divorced woman.

The office of the Registration of Inhabitants refused to register Cohen as a married man, and the appellants then sought a declaration in the District Court that they were …

Kol Ha'am Co., Ltd. V. Minister Of The Interior, Shimon Agranat, Yoel Sussman, Moshe Landau

Translated Opinions

Two communist newspapers, respectively owned by the petitioners, published articles containing material which, in the opinion of the Minister of the Interior, was likely to endanger the public peace, and acting under s. 19(2) (a) of the Press Ordinance the Minister suspended both the newspapers for periods of ten and fifteen days respectively. On the return to orders nisi calling upon the Minister to show cause why the orders of suspension should not be set aside,

Held: In exercising his power of suspension under s. 19(2) (a) of the Press Ordinance, the guiding principle is that the Minister must consider …

Sapoznikov V. The Court Of Discipline Of The Israel Police, Yoel Sussman, Moshe Silberg, Yitzhak Olshan

Translated Opinions

Under section 18 of the Police Ordinance the Inspector-General may constitute Courts of Discipline to try police officers charged with disciplinary offences, the section prescribing the offences which may be the subject of such charges. One of those offences is thus described (in section 18(1)(i)): "any offence contrary to the good order and discipline of the Force.. ." The High Commissioner in Council was empowered by section 50(1)(e) to make rules "for the definition of offences to the prejudice of good order and discipline", and under that power made the Police (Disciplinary Offences) (Definition) Rules, 1941. Offence No. 23 of …

Rotenstreich V. Attorney General, Shneor Zalman Cheshin, Simha Assaf, Moshe Silberg

Translated Opinions

The appellant was convicted under s. 218 of the Criminal Code Ordinance, 1936, of causing the death of two small children. The children, though warned not to do so, had been in the habit of bathing in a pool on the appellant's land. The two children had in fact on a previous occasion been driven off and warned not to go near the pool. Nevertheless they disregarded the warning, went into the pool, and were drowned.

Held: Allowing the appeal, per Cheshin J. and Assaf J., that the elements necessary for criminal liability under s. 218 of the (criminal Code …

Jabotinsky V. Weizmann, Moshe Smoira, Menachem Dunkelblum, Shneor Zalman Cheshin, Shimon Agranat, Moshe Silberg

Translated Opinions

The High Court will not issue an order of mandamus against the President of the State directing him as to the method of carrying out his duties under section 9 of the Law of Transition, 1949. Such a matter is not justiciable.

By section 11(d) of the above-mentioned Law "The Government which receives a vote of no-confidence from the Knesset, or which has decided to resign, shall immediately tender its resignation to the President of the State, but it shall continue to exercise its functions pending the constitution of a new Government in accordance with the provisions of this Law." …

Yosifof V. Attorney General, Moshe Landau, Moshe Silberg, Moshe Smoira

Translated Opinions

The appellant, an Israel Jew belonging to the Caucasian community, married in the year 1936. He married a second time in the year 1950 while the first marriage still subsisted. He was convicted of bigamy under s. 181 of the Criminal Code Ordinance, 1936 1) and sentenced to imprisonment for one year. On appeal it was argued that s. 181 was ultra vires the powers of the High Commissioner by reason of Article 17(1)(a) 2)2) of the Palestine Order in Council 1922 (as amended) in that the section introduced discrimination between the inhabitants of Palestine, namely, between Moslems and Jews, …

Sheib V. Minister Of Defence, Shneor Zalman Cheshin, Yitzhak Olshan, Alfred Witkon

Translated Opinions

A teacher, Dr. Sheib, applied to the Principal of the Reali Montefiore School, Haifa, for employment as a teacher and was accepted subject to confirmation by the Department of Education in the Ministry of Education and Culture.

Pursuant to a general request contained in a circular sent to the principals of all classes of schools by the Director of the Department of Education, that teachers should not be employed save with the consent of the Inspector of Secondary Schools, the acceptance of Dr. Sheib as a teacher had been made conditional by the Principal upon such consent being obtained. Dr. …

Levitt V. Angel, Yitzhak Olshan, Menachem Dunkelblum, Shneor Zalman Cheshin

Translated Opinions

The appellant, who had allowed third parties to occupy premises in breach of an injunction restraining him from so doing was convicted of contempt of court under the Contempt of Court Ordinance and was sentenced to a fine of I.L. 250 or three months imprisonment. This sentence was imposed on the appellant by the District Court not for the purpose of inducing him to comply with the terms of the injunction, which had become impossible, but as a punishment for its breach.

Held, allowing the appeal, that the purpose of the sanctions in the Contempt of Court Ordinance is to …

Amado V. Director Of The Immigrants' Camp, Pardes Hanna, Moshe Smoira, Menachem Dunkelblum, Shimon Agranat, Shneor Zalman Cheshin, Simha Assaf

Translated Opinions

A Civil Court in Paris granted a decree of divorce to the petitioner and second respondent (being respectively the wife and the husband), who were French nationals domiciled in France, and declared that the petitioner was entitled to the custody of the children, a girl aged seven years and a boy aged four and a half years at the time of the application, but ordered that the second respondent have access to them at stated times. On one of these occasions the second respondent smuggled the children out of France and brought them to Israel, where they were living with …

Shibli V. Shibli, Shneor Zalman Cheshin, Moshe Smoira, Simha Assaf

Translated Opinions

Under the Palestine Order in Council, 1922, a number of Christian "communities", including the Greek Catholic community but not including the Protestant community, were recognised and given the right to hold courts of their own with jurisdiction (which in some cases required the consent of the parties) in matters of personal status over members of their own community.

The petitioner was a Protestant and had married the first respondent, a member of the recognised Greek Catholic community, in a Greek Catholic church. There was one child of the marriage. The parties quarreled soon after the marriage and their disagreements led …

Bejerano V. Police Minister, Shneor Zalman Cheshin, Simha Assaf, Moshe Silberg

Translated Opinions

A judgment upon the Respondents’ objection to an order nisi requiring that they refrain from forbidding petition writers from appearing and acting as agents of their clients in the offices of the Tel Aviv District Traffic Department. In making the order absolute, Justice S.Z. Cheshin, writing for the Court, held:

The High Court of Justice cannot grant a request unless it is persuaded that a right of the Petitioners themselves has been infringed – In requesting an order mandamus, the Petitioner must show the existence of a law that requires the public official to do that which he is being …

Zeev V. Acting District Commissioner Of The Urban Area Of Tel Aviv, Moshe Smoira, Yitzhak Olshan, Shneor Zalman Cheshin

Translated Opinions

The Acting District Commissioner of Tel Aviv purporting to act as the Competent Authority under Mandatory regulations requisitioned an apartment in Tel Aviv for the use of a government official His action was challenged on the grounds, first, that the Mandatory regulations in question had been impliedly repealed by s. 9 of the Law and Administration Oridnance of 19481) which empowered the Provisional Council to make regulations of the same kind, and secondly, that the appointment of the Acting District Commissioner as Competent Authority, being an act having legislative effect within the meaning of s.20 of the Interpretation Ordinance, 1945, …

Leon V. Acting District Commissioner Of Tel-Aviv (Yehoshua Gobernik), Moshe Smoira, Yitzhak Olshan, Simha Assaf

Translated Opinions

The Law and Administration Ordinance 1948, provides that the law which existed in Palestine on May 14, 1948, "shall remain in force... subject to such modifications as may result from the establishment of the State and its authorities".

The Acting District Commissioner of Tel Aviv, as the competent authority under the Defence Regulations of 1939, made pursuant to the (English) Emergency Powers (Defence) Act 1939, requisitioned a flat situated at no. 3, Chen Boulevard, Tel Aviv, by order dated 6 September 1948. The requisition was for the benefit of the Attorney-General who, previously to his then recent appointment to that …

Neiman V. Military Governor Of The Occupied Area Of Jerusalem, Moshe Smoira, Shneor Zalman Cheshin, Yitzhak Olshan

Translated Opinions

The Petitioner, while employed by the Army as a civilian employee, assaulted a soldier and committed other acts constituting criminal offences under both military and civil law. After he had ceased to be so employed, the Petitioner was charged before a military court. He sought an order restraining the military court from proceeding with the charges on the grounds that he was not at the relevant time a soldier within the meaning of the Army Code, or alternatively that he had ceased to be a soldier when charged and that a military court therefore had no jurisdiction in the matter. …