Principle Archive

A witness before an investigative panel whose responsibility for the subject matter was not directly in issue is not entitled to the hearing rights of an…

Compulsory retirement on grounds of misconduct that is void for non-compliance with statutory requirements cannot be rendered valid because the employee applied for benefits under the…

A decision to compulsorily retire an officer in breach of statutory procedural provisions is ultra vires, void, and of no effect.

A criminal trial commences with arraignment (reading the charge and taking the plea); the period of delay contemplated by constitutional fair hearing provisions relates to trial…

Where a trial court, having seen and heard a witness, believes identification evidence and makes a finding thereon, and that finding is affirmed by the Court…

Failure of the trial court record to explicitly note the accused's presence at judgment delivery is a procedural irregularity; however, such omission will not vitiate the…

There is no fixed rule defining the degree of misconduct justifying summary dismissal; conduct must be evaluated considering: the nature of the business, normal circumstances at…

Complaints about a hearing not always being before the same bench don't pertain to jurisdiction; it's a complaint about judgment soundness (that judges who didn't see…

A mere passing remark by a Court of Appeal judge does not constitute a "decision" appealable as of right under constitutional provisions.

A party who wishes to rely on illiteracy must plead that fact; where illiteracy is not pleaded by either party nor any evidence led on it,…

Where the foundation of a plaintiff's claim is a contract agreement pleaded in the statement of claim, but that document is not produced at trial, it…

The proviso in the Evidence Act allows courts to require production of previous inconsistent statements or documents and thereafter use them for the court's own purposes;…