Principle Archive

A judgment obtained against a person who was not a party to the proceedings and is not caught by the doctrine of estoppel or standing by…

The term "parties" includes not only those named in the record but also those with direct interest who had the opportunity to attend and join but…

Not every mistake or error in a judgment results in reversal; only substantial errors that occasion a miscarriage of justice warrant appellate interference.

A court is entitled to take judicial notice of its own proceedings and records, including proof of service afforded by its own record.

A court that condemns a party peremptorily without giving an opportunity to be heard in a quasi-criminal committal proceeding violates the rules of natural justice.

The provisions of Order IX rule 13 of the Judgments (Enforcement) Rules must be strictly complied with in committal proceedings, as they are quasi-criminal and the…

A bailiff can prove service by swearing to an affidavit of service; a certificate of service under Order 7 rule 16 is one means of proof,…

Affidavit evidence not denied by a respondent is deemed to be admitted; the court is entitled to presume that the respondent agrees with the depositions.

A person who is not affected by a decision has no right to appeal against it; there must be something in the judgment that interferes with…

Whether a person has been properly named as a party to an appeal is determined by law, not acquiescence; an appellate court will exercise jurisdiction only…

The power of the Court of Appeal to assume full jurisdiction under Section 16 does not include what the trial court could not have done; the…

It is not a proper exercise of powers under Section 16 of the Court of Appeal Act to overrule a preliminary objection and deny parties the…