Principle Archive

It is not in all cases where there are discrepancies or contradictions in the prosecution's case that an accused person will be entitled to acquittal; only…

Where a lessee remains in possession of State land after lease determination, the lessor's only lawful method of recovering possession is by instituting suit in the…

To succeed in any criminal trial, the prosecution must prove its case beyond reasonable doubt; this requirement is now too well entrenched in criminal law to…

Any person, whether a party or not, may be summoned to produce a document without being summoned to give evidence; if they cause the document to…

Certified copies may be produced in proof of the contents of the public documents or parts of the public documents of which they purport to be…

Courts must balance two principles: litigants' right to employ counsel of their choice, and the prohibition against counsel accepting briefs where services flow from or are…

To justify reception of fresh evidence or a new trial, three conditions must be fulfilled: the evidence could not have been obtained with reasonable diligence for…

Identification parade is not necessary in all cases; where a witness identifies the accused and associated items (such as a vehicle) at a distance from the…

A plea of alibi should be raised at the earliest opportunity; where it is not raised until the appellant gives testimony in the witness box, the…

Any person who steals anything and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to…

Any statute ousting the jurisdiction of the courts is to be construed very strictly to ensure that the jurisdiction existing is not withdrawn without very clear…

The phrase "appropriate authority" as defined in Decree No. 17 of 1984 is limited to: (i) the Military Governor of the relevant State or any person…