Principle Archive

On no account should a court raise a point suo motu, no matter how clear it may appear, and proceed to resolve it without giving the…

An appellate court will not ordinarily interfere with findings of fact made by a trial court except where the trial court has not made proper use…

The right to fair hearing under Section 33(1) of the Constitution is not infringed by an ex parte application where the application does not involve a…

The word "appears" in Section 224 of the Companies Act, 1968, empowers the liquidator to take custody of property which appears to him to belong to…

Unless expressly restricted in his instrument of appointment, the provisional liquidator has the ordinary powers of a liquidator under Section 224 of the Companies Act, 1968,…

An application by a provisional liquidator for extension of time to complete his assignment does not affect the civil rights and obligations of any party and…

The instrument appointing a provisional liquidator should not be construed so as to curtail his powers under the law unless they are expressly curtailed. The primary…

Where an order is properly made ex parte, the remedy of a party aggrieved by such order is not to appeal against it, but to apply…

The Court of Appeal has no business dealing with any issue not placed before it. If it decides to raise a point suo motu in the…

When inadmissible evidence is tendered, it is the duty of the opposite party to object immediately. A distinction must be drawn between evidence absolutely inadmissible (cannot…

It is not every irregularity that can nullify entire proceedings. It may be open to a party to contend that such irregularity does not materially affect…

Non-compliance with rules of court will not necessarily result in the judgment being set aside. Once a step is taken in the proceedings by a party…