Principle Archive

Where there is a special provision in a statute, a later general provision in the same statute capable of covering the same subject-matter is not to…

Section 42(1) is a special provision which confers jurisdiction on any High Court in a State in matters of fundamental rights irrespective of who is affected.…

Both the Federal High Court and the High Court of a State have concurrent jurisdiction. An application may therefore be made either to the Federal High…

By wrongly initiating a claim under the Fundamental Rights (Enforcement Procedure) Rules, the claim was not initiated by due process of law. The proceedings before the…

An action for breach of contract cannot be initiated under the Fundamental Rights (Enforcement Procedure) Rules, 1979.

Wrongful dismissal belongs to common law class of actions; action for contravention of a fundamental right belongs to a constitutional class of actions. Where the main…

Affidavit evidence must deal with facts and avoid matters of inference, conclusion, legal argument, prayer, or objection. If affidavit evidence is in the form of conclusion,…

The court should act with circumspection and on clear facts that a winding-up petition is likely to succeed or contains momentous factual allegations. Discretion must be…

The appointment must take into consideration: (a) proof by affidavit of sufficient ground for the appointment (sub-rule 1); (b) the previous experience of the provisional liquidator…

A distinction must be made between when (the proper occasion) to appoint a provisional liquidator and why (the purpose) of appointing one. When depends on facts…

A judgment may be declared a nullity due to lack of statutory jurisdiction or failure to fulfil a necessary condition precedent. A distinction must be drawn…

No discretion can be regarded as judicially and judiciously exercised upon no factual disclosure or upon partial disclosure, or upon misrepresented or suppressed facts. A court…