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Attorney General V. Oestreicher, Shimon Agranat, Binyamin Halevy, Yoel Sussman

Translated Opinions

Facts: The respondent was charged with an offence against the Commodities and Services (Control) (Transport of Bread) Order, 1960, for transporting bread in open dirty boxes on the roof of an automobile. He admitted the facts but denied liability on the ground that the Order was ultra vires the Minister of Health who had issued it, according to the terms of the enabling Law, which confined the power to make Orders regarding specified essential matters and in a period only during which a state of emergency prevailed. At first instance this plea was rejected and he was convicted and sentenced, …

El-Zafdi V. Benjamin And Attorney General, Haim Herman Cohn, Moshe Silberg, Eliyahu Manny, Alfred Witkon, Yitzhak Olshan

Translated Opinions

The child in this case was born to a Jewish mother and a Moslem father. According to Jewish law, the child was Jewish, following the mother, and according to Moslem law it was Moslem, following the father. On the death of the mother, the child was placed with its Moslem aunt, but when the father learned that German reparations were payable to the mother he applied to the District Court for the appointment of a maternal uncle as guardian. The Court appointed an uncle as sole guardian and at the instance of the Attorney-General ordered him to place the child …

Bohakov V. The Mayor, Council, & Inhabitants Of Herzlia, Eliyahu Manny, Binyamin Halevy, Yitzhak Olshan

Translated Opinions

Under a road construction scheme. the local authority planned to construct a road across the appellant's land. Notice was sent to the latter, asking him to vacate the land affected and move the fences and that in default the local authority would do so at his expense. The appellant refused to comply and informed the respondent that he would deny it and its agents access to the land. Some days afterwards, local authority employees tore down the fences involved, uprooted trees and began to lay a road close to the appellant's dwelling. The appellant called the police who did not …

Zim Israel Navigation Co. V. Maziar, Moshe Silberg, Moshe Landau, Alfred Witkon

Translated Opinions

During a voyage between Marseilles and Haifa, the respondent fell ill, apparently from food she had eaten on board, and for three months after arriving in Israel suffered from a stomach infection. She sued the ship owners and the ship's chef for negligence. The appellants pleaded in defence inter alia the exemption clause relieving them from liability which appeared in the passenger ticket sold to the respondent. The District Court found for the respondent on the ground that res ipsa loquitur and held that the exemption clause was null and void.

Held (per Silberg, J.): As between the English approach …

Riezenfeld V. Jacobson, Haim Herman Cohn, Moshe Silberg, Alfred Witkon

Translated Opinions

The appellant, a married man, and the respondent formed a liaison with the intention that they would marry on the appellant obtaining a divorce from his wife. Soon after he acquired an apartment out of his own money and had it registered in the respondent's name. It was understood, however, that the apartment did not belong to the respondent, its registration in her name being a token of their mutual affection, and that if they did not marry, the apartment would be transferred back into the name of the appellant. Subsequently they fell out and the respondent barred him access …

Funk Schlesinger V. Minister Of Interior, Yoel Sussman, Zvi Berinson, Alfred Witkon, Eliyahu Manny, Moshe Silberg

Translated Opinions

The Petitioner, a Christian woman and Belgian national, married Mr. Israel Schlesinger, a Jewish citizen of Israel, in Nicosia, Cyprus, in a civil ceremony in December 1961, as shown by a copy of the marriage register, confirmed by the Cyprus Minister of Interior. The Belgian Consul General in Limassol entered the Petitioner’s marriage in her Belgian passport. The registration in the personal status register of the Belgian Embassy testifies to her marriage in Nicosia in reliance upon the marriage certificate issued to her by the district officer there and on the said entry in her passport. Several days after the …

Dissenchick V. Attorney General, Yoel Sussman, Moshe Landau, Zvi Berinson

Translated Opinions

The trial of one Rafael Blitz for murder stretched over a number of days. On the second day. a newspaper (of which the first appellant was the editor and the second appellant the responsible journalist) published a report which indicated that in answer to the charge defence counsel had pleaded not guilty before the accused could say anything. In the body of the article it was reported that before trial the accused had in fact admitted his guilt to a journalist, although it was noted that such admission not having been made in court was not binding. The appellants were …

El-Saruji V. Minister Of Religious Affairs And The Moslem Council, Moshe Landau, Moshe Silberg, Zvi Berinson

Translated Opinions

The petitioners complained generally of the alleged interference of the Minister of Religious Affairs in matters affecting the Moslem Community of Acre and more particularly of the activities and powers of the local Moslem council appointed by the Ministry.

Held. The departure from the country of Moslem leaders and officials as a result of the events of 1948 had led to a complete collapse of all Moslem institutions and their ceasing to function. In order to remedy the situation and recreate these institutions the Ministry had not proceeded under any express statutory provision but by virtue of general power vested …

Sacks V. Mussary Et Al., Yoel Sussman, Moshe Silberg, Haim Herman Cohn

Translated Opinions

The appellant and the respondents carried on business in partnership, and differences having arisen between them a submission to arbitration was signed in which the arbitrators were invited "to investigate, consider and decide the amount which Mr. Edgar Sacks (the appellant) is to pay to the partnership", this being an amount "which Mr. Edgar Sacks has to refund to the partnership on account of damages and losses caused by him." The District Court found that the subject matter of the arbitration was in fact joint property which the appellant was alleged to have stolen, and that the parties, in submitting …

Abudi V. Minister Of Religion, Moshe Silberg, Alfred Witkon, Haim Herman Cohn

Translated Opinions

Upon the death of Chief Rabbi Herzog, an Election Committee of eight members was nominated under the Regulations to appoint and convene an Electoral Assembly. Half of the Committee was nominated by the Rabbinical Council in January 1960 and half by the Minister of Religions in June 1960. The first meeting of the Committee was convened by the Minister in July 1960, notwithstanding the claim of the Rabbinical Council that the invitation should be a joint one. In consequence, the four Council members refused to attend but subsequently one of them, Rabbi Abu Revia, relented. Thereupon the other three tendered …

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

Translated Opinions

Section 25(1) of the Road Transport Ordinance and section 99(1) of the Municipal Corporations Ordinance provide as follows:

"25(1) A municipal...council may, with the consent of the district commissioner and the licensing authorfty, make bye-laws in regard to the following matters-...

(b) the regulation by prohibition or otherwise of vehicles when stationary within the municipal... area."

"99(1) A municipal council may make by-laws to enable or assist it to carry out any of the matters it is required or empowered to do under...any other Ordinance... and may by such by-laws provide for the payment of any fees...by any person...in connection …

Diab V. Attorney General, Moshe Silberg, Moshe Smoira, Alfred Witkon

Translated Opinions

The appellant was charged and convicted under section 53(a) of the Criminal Code Ordinance, 19361), with promoting civil war in that being a resident of Israel, he left the country, enlisted in an Arab "army" and served in it against Israel during the Arab-Israel War. The appellant contended that the acts with which he was charged did not constitute the offence described in the section which refers only to a civil war in the sense of a fight between residents within the State.

Held: That although the war in which the appellant had participated was not a civil war, and …

Abu Amiram V. Attorney General, Moshe Landau, Shimon Agranat, Alfred Witkon

Translated Opinions

In broad daylight in the centre of Raanana, the appellant and his brother together stabbed one Abdush to death as an act of veneance for the slaying of their father by the son of Abdush. The appellant pleaded that the killing was an attempt and not murder since there was no evidence as to which knife wound had caused the death, nor was he an accom­ plice since he was of a psychopathic nature and unaware that his brother had done the killing. The onslaught on the deceased had not been premeditated but arose in the course of an accidental …

Attorney General V. Dizengoff & Co., Ltd., Zvi Berinson, David Goitein, Moshe Landau

Translated Opinions

Three different rates of exchange were introduced as a result of the variation of the official rate of exchange of lsraeli currency in 1952. The rate applicable to shipping matters necessitated an increase in the charges for port services, including those for Israel shipping, in order to avoid the charge of discrimination in favour of such shipping. The excess earnings made by the port service companies in respect of Israel shipping was, at first by agreement and later by Order, made transferable to the Ministry of Finance. The respondent resisted this arrangement in respect of its own Israel ships and …

A V. B, Yitzhak Olshan, Moshe Landau, Alfred Witkon, Zvi Berinson, Yoel Sussman

Translated Opinions

The appellant claimed an order in the District Court against the respondents, who were husband and wife, declaring that he was the natural father of a child born to the wife and registered as that of the respondents. The claim was struck out in limine and the appellant appealed.

Held, dismissing the appeal,

Per Olshan P. The granting of a declaratory order is in the discretion of the court, and having regard to the nature of the claim, public interest and morality, the prejudice to the status and interests of the child who was not even a party to the …

Lahisse V. Minister Of Defense, Shneor Zalman Cheshin, Moshe Silberg, Yitzhak Olshan

Translated Opinions

An officer in the Israel Army was charged before a military court in Israel with murder, an offence under S. 214(b) of the Criminal Code Ordinance 1936 and section 97 of the Army Code 1948. The officer submitted that the military court had no jurisdiction inasmuch as the acts with which he was charged were alleged to have been committed in Hula, a village in Lebanon, and outside the borders of either Israel, or Palestine as constituted under the Mandate. This submission was rejected, but the case was stood over to allow him to petition the High Court on the …

Berman Et Al. V. Minister Of Interior, Moshe Silberg, Yoel Sussman, Alfred Witkon

Translated Opinions

The district of Nahlath Yitzhak consisting of 250 families had for very many years been part of Tel Aviv Municipality. Since 1949 a movement to sever this connection had gathered strength and in 1950 a petition to this end, signed by 353 residents, had been delivered to the Ministry of the Interior. Tel Aviv had claimed that the petitioners were not authorized to speak for all the residents and the matter was left in abeyance until 1956, when it once more became active on the delivery of a similar petition signed by 491 persons. The Minister then appointed a commission …

Dan Bus Urban V. Yehiel, Yoel Sussman, Moshe Silberg, Yitzhak Olshan

Translated Opinions

A passenger bought at a reduced price a season-ticket good for 23 journeys on the omnibuses of the appellant cooperative. At the time of purchase of the ticket, the cost of a single fare was 55 prutot. Before the passenger had used up the whole of the ticket, the Ministry of Transport approved a rise in the fare from 55 prutot to 60 prutot. The appellant inserted a notice in the newspapers stating that tickets such as that held by the respondent would remain valid only until November 15, 1955. On the day following that date, November 16, 1955, the …

Ben Kosta V. Minister Of Interior, Yitzhak Olshan, Zvi Berinson, David Goitein

Translated Opinions

In 1955, the petitioner, a Christian, obtained a licence for the sale of pork under the then current bye-law. Consequent upon the enactment of a law enabling local authorities to prohibit or limit the sale of pork in the whole or part of their area as long as such prohibition or limitation were binding upoh the whole population of such area or part, a new bye-law was passed in 1957, containing penal provisions for offences thereunder committed within 42 days from its date, unless immediately prior thereto the sale of the pork was lawful under the law then in force. …

Weiss V. Inspector General, Moshe Landau, Yitzhak Olshan, Yoel Sussman

Translated Opinions

The petitioners were members of the Israel Police Force. They were sent to the "Gaza strip" when it was occupied by Israel armed forces after the Sinai Campaign to do normal police work there. In contravention of an order forbidding the purchase of goods, they bought nylon material, medicines, cameras and films. They were charged before a Court of Discipline which was set up under the Police Ordinance. The petitioners contended that the court had no jurisdiction to hear charges against them because, inter alia, the Police Ordinance only dealt and could only deal with offences committed in Israel and …

Abdu V. Mayor Of Akko, Zvi Berinson, Yitzhak Olshan, Alfred Witkon

Translated Opinions

The petitioner was-the senior social worker in her particular field and had been in the service of the Akko Municipality since 1949, except for a short interval when she was abroad on a special training course. As a member of a minority group, she was mainly concerned with Arab residents. Owing to the National Insurance Law and substantial administrative changes in providing municipal assistance to needy people, she had been put on part-time work in October 1956. Her final dismissal in March 1957 was effected by the Council approving a prior resolution of the Executive Committee abolishing the post of …

Malka V. Attorney General, Moshe Silberg, Zvi Berinson, David Goitein

Translated Opinions

On September 1, 1953, the appellant, who was driving a truck, knocked down a child of two years of age, Shimon Manan, causing a fracture of the arm. The child was taken to hospital where the doctors examined the arm, discovered the fracture, but also found that the fracture was a closed one so that the child's blood had not come in contact with the road. The doctors considered that there was, for this reason, no need to give the child an antitetanus injection, and that in fact it "might have been dangerous to do so. The child remained under …

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 …

Hershkovitz V. Greenberger, Shneor Zalman Cheshin, David Goitein, Alfred Witkon

Translated Opinions

The petitioners, into whose care an orphan child aged 5 years had been handed by the Social Welfare Authorities, applied to the District Court for an order of adoption. The application was opposed by a relative of the child who resided in the United States, and who also testified as to his willingness and ability to bring up the child whether in the United States or in Israel. The District Court, without investigating the circumstances fully, and apparently relying upon the principle that relatives of the child had a stronger right to his guardianship than strangers, dismissed the application. The …

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.- …