Principle Archive

A cause of action accrues when the plaintiff becomes aware of the wrong and demand is denied. The limitation period runs from that date, not from…

Under Section 148(d) of the Evidence Act, the court is entitled to presume that any evidence which could be and is not produced would, if produced,…

The burden of proving a particular fact is on the party who seeks to rely on it and will fail if evidence is not adduced. Such…

Under the doctrine of apparent or ostensible authority, if a person by words or conduct represents that another has authority to act on his behalf, he…

Only issues formulated within the parameters and context of the grounds of appeal can be determined in an appeal. Issues not arising from grounds of appeal…

Once a court declares a party the owner in possession of land, it is entitled to grant a perpetual injunction to restrain further acts of trespass.

Not every slip in a judgment can result in it being upset. A mistake or omission must be substantial and affect the decision appealed against to…

A respondent seeking to set aside or vary a finding that is crucial or fundamental to a case can only do so through a substantive cross-appeal,…

Principle Statement:A respondent's notice of intention to vary a judgment is only available where the party, while accepting the judgment, seeks its variation. It is not…

There is no rigid formula for the sequence of evaluating evidence in a judgment. As long as the trial judge exhaustively reviews and evaluates all evidence…

Whether a trial judge will visit the locus in quo is a matter of discretion. The court should visit where there is a conflict of evidence…

Parties are bound by their pleadings. Evidence at variance with the averments in the pleadings goes to no issue and should be disregarded. The court should…