Principle Archive

Conflicts in affidavit evidence on fundamental issues to the matter in controversy must be attended to and not just glossed over. A court of law be…

It must be borne in mind that the essence of proceedings under Order 10 is to summarily and expeditiously give judgment to a plaintiff where it…

On a cool, calm and objective reading of the above paragraphs of the appellant's affidavit which were reflected in the statement of defence, it was apparent…

A brief submitted on behalf of each party to an appeal, as the term readily suggests, is a precis or an abridgment of the relevant submissions…

The expressions used in the statute must be capable of having such effect. This is the case with Section 4 of the Edict which reads: 'Notwithstanding…

Looking at the provision of Section 1, the right of action has just been created. Therefore there can be no question of the possibility of exercising…

In my view the law has always been that unless a contrary intention is expressed there is a presumption that an enactment has no retrospective operation.…

If the new Act affects Mr. Vernazza's substantive rights, it will not be held to apply to proceedings which have already commenced, unless a clear intention…

In the present case the enactment does not merely affect procedure. If the section is construed retrospectively, it will postpone the creditor's right of dividend beyond…

It is, in our opinion, clear that the Act does not apply to the present bill of sale. It appears to us impossible to read it…

Prima facie, an Act deals with future and not with past events. If this were not so, the Act might annul rights already acquired, while the…

Where an enactment empowers a person to exercise certain powers when he is satisfied that such exercise of power is necessary, it is not right to…