Principle Archive

A free and voluntary confession, if direct and positive, duly made and satisfactorily proved, is sufficient to ground a conviction; however, it is desirable to have…

When an accused contends that a confessional statement was not made voluntarily, the judge must conduct a trial within a trial to determine voluntariness; failure to…

If the proceedings in the trial court are a nullity, the proceedings in the appellate court based on that trial are equally a nullity.

The jurisdiction of courts can only be ousted on specific grounds: improper constitution, lack of subject-matter jurisdiction, or failure to comply with conditions precedent; non-compliance with…

Where the principal claim is wrongful termination of appointment, all claims—principal and subsidiary—flowing directly from it are incompetent under the Fundamental Rights Rules and ought to…

When the main or principal claim in an application is not the enforcement or securing of a fundamental right, the court has no jurisdiction to entertain…

The power to determine the justiciability of a cause of action under the Fundamental Rights (Enforcement Procedure) Rules lies with the trial judge; the grant of…

The proper approach is to examine the reliefs sought, the grounds for such reliefs, and the facts relied upon; if they disclose that breach of fundamental…

Where the alleged breach of fundamental right is ancillary or incidental to the main grievance (such as wrongful dismissal), it is incompetent to proceed under the…

Under Section 2 of the Sheriffs and Civil Process Law, "judgment" includes an order and "order" includes an injunction, but these are inclusive definitions, not restrictive.

The correct procedure for initiating committal proceedings is to serve a notice in Form 48 followed by a notice in Form 49 if the order remains…

The restriction of enforcement under Section 71 of the Sheriff and Civil Process Law to mandatory orders only is no longer the law; all orders can…