1986(SC) Archives - Page 10 of 18

CRIMINAL LAW AND PROCEDURE – Defence of Provocation – Essential elements/ingredients required to estabish the defence of provocation

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CRIMINAL LAW AND PROCEDURE – Defence of Provocation – Applicable test used when the defence of provocation is raised

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CRIMINAL LAW AND PROCEDURE – Defence of Accident – How the defence of accident can be established

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COURT – Duty of Court – Duty of court to consider all the possible defences open to an accused person

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JUDGMENT AND ORDER – Judgment in Rem/Judgment in Personam – Distinction between judgment in rem and judgment in personam

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INTERPRETATION OF STATUTE – SECTION 49 OF THE EVIDENCE ACT – Interpretation of Section 49 of the Evidence Act as it relates to when a judgment of a competent court will be deemed relevant

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EVIDENCE – Traditional Evidence/History – Meaning and nature of traditional evidence

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APPEAL – Interference with Concurrent Finding(s) of Fact(s) – Attitude of the appellate Court to concurrent findings of fact(s) by Lower Courts

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ACTION – Pleadings – Whether parties as well as the courts are bound by the pleadings

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PRACTICE AND PROCEDURE – Void Act/Transactions – Effect of making a declaration on a void transaction

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PRACTICE AND PROCEDURE – Void Act/Transactions – Effect of a void act

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PRACTICE AND PROCEDURE – Void Act/Transactions – Effect of a void act

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JURISDICTION – Jurisdiction of The State High Court – Extent of the criminal jurisdiction of the High Court of a State

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JUDGMENT AND ORDER – Setting Aside Judgment/Order – Principles of law that govern the setting aside of a judgment

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JUDGMENT AND ORDER – Order of Striking Out – Instances where an order of striking out would be made

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COURT – Raising Issue(s) Suo Motu – Circumstance(s) in which a court may raise an issue suo motu

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APPEAL – Misdirection – When the Court of Appeal cannot look at judgment to correct misdirections of law/fact/erroneous inferences/ conclusions/assessment and appraisal of facts

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CRIMINAL LAW AND PROCEDURE – Defence of Provocation – How is proportionality determined under the defence of provocation

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CRIMINAL LAW AND PROCEDURE – Defence of Provocation – Essential elements/ingredients required to estabish the defence of provocation

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CRIMINAL LAW AND PROCEDURE – Defence of Provocation – Definition and essential elements of provocation

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