Principle Archive

Where evidence from the prosecution negates the offer of acts of provocation, the defense must adduce credible evidence to establish provocation or self-defense.

It is settled law that any defense to which an accused person is entitled on the evidence should be considered however stupid or unreasonable, for whatever…

The burden of proving insanity is discharged where prosecution witnesses unanimously testify that the accused behaved abnormally in a manner not typical of them, and where…

The burden of establishing a defense on the ground of insanity rests squarely on the accused; it will be satisfied if the facts proved by the…

For Order 28 rule 6 to apply, there must be an admission in the pleadings or otherwise by a party, and the trial judge has discretion,…

If a plaintiff applies under Order 28 rule 6 for judgment when there is neither an admission or when an admission is not specific and categorical,…

Failure to serve a writ of summons on a defendant is a fundamental vice; service is a condition precedent to the exercise of jurisdiction by the…

The proviso to Section 10 of the State Lands Law creates an exception to the maxim quicquid plantatur solo, solo cedit for leases not exceeding thirty…

There is no statutory power authorizing a State Government to sell State land, originally acquired for public purposes, as a fee simple absolute in possession to…

An accomplice is a competent witness and conviction on uncorroborated accomplice testimony is not illegal; however, Section 177(1) of the Evidence Act imposes a statutory duty…

Where a public authority through its statutory agent represents to a former lessee by written instrument that it has released the property to them, it cannot…

Negligence is not an ingredient of the offense of stealing; Section 383 of the Criminal Code sets out six intents which must be proved to sustain…