Principle Archive

An appellate court may take points suo motu in exceptional circumstances, but this discretion must be exercised sparingly. Where points are so taken, the parties must…

The Supreme Court cannot function outside its normal constitutional role as an appellate court. Issues not raised, or if raised not decided by the trial court,…

"Miscarriage of justice" simply means a failure of justice. What constitutes miscarriage of justice varies from case to case. It does not require a finding that…

Where a power of attorney is donated to certain persons, it overrides the right of any individual family member. The power to deal with the land,…

Once the findings of the two courts below are reasonably justified by the evidence and no error in law leading to a miscarriage of justice has…

The onus lies on an appellant to show that there are special circumstances to warrant interference by the Supreme Court with concurrent findings of fact of…

It is the duty of the plaintiff to prove his case and not the duty of the defendant to disprove the plaintiff's case. That is the…

Failure to call a material witness who could substantiate a claim may invoke the presumption under section 149(d) of the Evidence Act against the party who…

In the absence of showing when a brief was served, the court is bound by the record. The record of appeal binds the court.

The absence of a party on the day judgment is delivered does not vitiate, nullify, or invalidate the decision. Parties present at judgment delivery do not…

The law is elementary that courts do not act in vain but for a purpose, and the purpose must be definite. Concurrent findings of fact by…

The issue of jurisdiction can be raised at any stage of the proceedings up to the Supreme Court. When successfully raised, the suit is terminated by…