Principle Archive

When an accused person retracts a confessional statement at trial, it is a matter of fact for the trial court to resolve. A conviction can still…

It is not the law that a true and voluntary confessional statement not read over or confirmed before a superior police officer ceases ipso facto to…

Section 34(3) of the Evidence Act provides that the absence of a public servant required to give evidence is sufficiently accounted for by the production of…

A person is taken to intend the natural and probable consequences of his acts. Intent to murder can be inferred from the acts of the accused,…

When an issue is not placed before an appellate court, it has no business to deal with it, particularly when it has not received argument from…

The Supreme Court will not normally interfere with concurrent findings of the two lower courts unless there is a miscarriage of justice or a violation of…

In civil cases, admissions in statements made out of court are evidence of the facts asserted against, but not in favour of, the party making them.…

Consideration must be real but need not be adequate. Gross inadequacy may amount to evidence of fraud, but not a ground to avoid a contract. A…

The Managing Director has wide implied authority to carry on the company's business. Third parties dealing with a company are entitled to assume that internal proceedings…

Where the plaintiff proposes to lead material evidence in rebuttal or to raise new issues of fact not covered by the statement of claim or defence,…

Parties are bound by their pleadings and cannot set up a different case. Evidence at variance with pleadings goes to no issue and must be disregarded.

Judgment must be confined to the issues raised by the parties in their pleadings. It is not competent for the trial court to suo motu make…