Principle Archive

Where a court misapprehends a party's case and decides the case as misrepresented, its decision will not be right and will be set aside. Misunderstanding of…

A court may decide to suo motu frame issues which do not depart from the contents or purport of issues framed by the parties but are…

The reference or non-reference to Decree No. 17 of 1984 in the instrument terminating the appointment of a public officer is not conclusive. What is decisive…

In deciding whether a public officer was dismissed on the authority of the appropriate authority, the court must go beyond the four walls of the letter…

Once it is established that the appropriate authority or its delegate acted under Decree No. 17 of 1984 or that the procedure conforms strictly with the…

A decision of a court is perverse when it ignores the facts or evidence before it and, when considered as a whole, amounts to a miscarriage…

A proviso cannot enlarge or contract the scope of a clear enactment. It may guide selection between two possible constructions when doubt exists. But it cannot…

A provision ousting court jurisdiction shall be narrowly and strictly construed, unless it clearly and unambiguously states otherwise. It shall also not be made to apply…

Being an ouster clause, the provision must be construed strictly, and very strictly too. Ouster clauses must not be construed liberally, or loosely, or wantonly.

If a defendant is pronounced a trustee of shares, he remains the registered legal owner while the plaintiffs become the beneficial owners only. That is what…

A constructive trust is imposed by equity on the ground of conscience and is not based on the prior or presumed intention of the parties. The…

Statutes which encroach on the rights of the subject, whether as regards person or property, are subject to strict construction as with Penal Acts. They should…