PRINCIPLE Archives - Page 149 of 303

PRINCIPLE

STATUTES, INTERPRETATION OF STATUTES – Rules of interpretation – Expression unius est exclusion – Application of

PRINCIPLE12/05/2023

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will interfere with concurrent findings of fact(s) by Lower Courts

PRINCIPLE12/05/2023

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POLICE – DUTY OF POLICE – Duty/Role of the police where the remedy of a nominal complainant is in a civil suit for damages for breach of contract or for an order for specific performance

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – CRIMINAL BREACH OF TRUST – Requirements of the law for a criminal breach of trust to occur and when transactions involved in a case will be held to be based on contractual agreement where there is no evidence of criminal breach of trust

PRINCIPLE12/05/2023

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ELECTORAL MATTERS – Procedure for appointment of Chairman and members of the State Independent Electoral Commission

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – CONFESSIONAL STATEMENT – Whether a retraction or denial of a confessional statement affects its admissibility

PRINCIPLE12/05/2023

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APPEAL – INTERFERENCE WITH CONCURRENT FINDING(S) OF FACT(S) – Instances where the Supreme Court will interfere with concurrent findings of fact(s) by Lower Courts

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – ADMISSIBILITY OF CONFESSIONAL STATEMENT – Principles relating to the admissibility or otherwise of confessional statements

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – CONVICTION – Whether a person can be convicted for both offences of criminal breach of trust and cheating based on the same factual situation in respect of one transaction in the same proceedings

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – OFFENCES – ARMED ROBBERY – Ingredients that must exist to prove the offence of armed robbery

PRINCIPLE12/05/2023

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EVIDENCE – FINDING OF FACTS – Instances where the Supreme Court will interfere with concurrent findings of fact(s) by Lower Courts

PRINCIPLE12/05/2023

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EVIDENCE – DYING DECLARATION – Meaning of a dying declaration and instance where the rule applicable to dying declaration will be inapplicable

PRINCIPLE12/05/2023

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COURT, JUDGMENT AND ORDER – Reliefs – Whether the Court can grant an order not sought

PRINCIPLE12/05/2023

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EVIDENCE – PRESUMPTION OF LAW – Presumption of law that any person born during the continuance of a valid marriage shall be presumed to be a child of that man; burden and standard of proof required to dislodge same

PRINCIPLE12/05/2023

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APPEAL – Issues for determination – Whether Court can suo motu formulate/re-formulate issue(s) arising from ground(s) of appeal for determination of an appeal

PRINCIPLE12/05/2023

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FAMILY LAW – PATERNITY OF A CHILD – Position of the law with respect to proof of paternity of a child and dislodging the presumption of law with respect to the paternity of a child

PRINCIPLE12/05/2023

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JURISDICTION – TERRITORIAL JURISDICTION – When will a Court have territorial jurisdiction to hear and determine a case

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – Confessional statement – Circumstance where the court can convict on confessional statement without corroboration

PRINCIPLE12/05/2023

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EVIDENCE – Effect of failure to cross-examine a witness on material point

PRINCIPLE12/05/2023

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CRIMINAL LAW AND PROCEDURE – Defence of insanity – When will not avail an accused person

PRINCIPLE12/05/2023

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