Principle Archive

To sustain a plea of 'res judicata', the party pleading it must satisfy the following conditions: (1) The parties (or their privies) are the same in…

An order or decision is final when it finally disposes of the rights of the parties, that is to say, the decision or order given by…

Where a hearing of any action is taken in parts under a rule of court permitting such procedure, a decision reached in such hearing is regarded…

No witness who has given on oath material inconsistent evidence is entitled to the honour of credibility. Such a witness does not deserve to be treated…

It is quite settled that section 149(d) of the Evidence Act is concerned with the withholding of evidence and not with the failure of a party…

The mere fact that a transaction is reduced into writing does not exclude oral evidence of that transaction in proof thereof subject to section 132(1) of…

The delivery of consignments of goods is a fact provable by the direct evidence of the person who delivered or witnessed the delivery. Section 77 of…

In the case under consideration, the respondents having adduced oral evidence accepted by the learned trial Judge to the effect that they, through P.W.2 supplied the…

In civil cases, the phrase 'burden of proof' has two distinct meanings. Firstly, the burden of proof as a matter of law and the pleadings, referred…

Under the rules of pleadings, a pleader who has pleaded more than he strictly needs to have done can always disregard the unnecessary or surplus averments…

A party to a suit is not obliged to lead evidence in proof of every averment in his pleadings. Although he is bound by his pleadings,…

These are concurrent findings of the two lower courts. There are no exceptional circumstances to warrant the interference of those findings by this court.