Principle Archive

An amendment that is designed to create a suit that was not in existence is not permissible; an amendment of pleadings should be allowed unless: (1)…

It is a well established principle that the object of courts is to decide the rights of the parties and not to punish them for mistakes…

The amendment sought was to plead the letter which the respondent himself instructed their solicitor to write to the appellant; at worst, it could be said…

Unless there is very good and strong justification for so doing, a High Court should be reluctant to grant amendments of the pleadings after the close…

When an allegation of forgery of a document, or, for that matter, of a criminal act is made in a civil proceeding, evidence that would discharge…

The court shall presume that every document purporting to be a power of attorney, and to have been executed before and authenticated by a notary public,…

While it is true that the plaintiff bears the legal burden of proving the facts sufficient to sustain the declaration claimed, the evidential burden of proving…

Where common questions determinative of a claim and a counter-claim arise in a case, the trial court is not expected to consider the same questions separately…

It is now trite law, and it hardly needs citation of authorities to support it, that an appellate court may not lightly interfere with the findings…

The prime purpose of the rules of appellate procedure that the appellant shall file a notice of appeal which shall set forth concisely the grounds relied…

What makes a ground of appeal incompetent is not whether it is framed as an error and a misdirection but whether by so stating it the…

When the issue of traditional history is properly pleaded, the evidence in support of it will have to be considered, in the first instance, just like…