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Citation
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Judgment date
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| August 1994 |
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Municipal impoundment of cattle grazing in prohibited areas was lawful; part of the claim was time-barred and no damages or injunction awarded.
Urban Authorities Act – power to prohibit grazing and to impound stray animals; Urban Authorities Rules – seizure, detention and release on payment of fees; Limitation – torts against local authorities barred after 12 months (Civil Procedure and Limitation (Misc. Provisions) Act s.2(1)); Detinue/conversion – requirement of demand and proof of continued wrongful detention; Permanent injunction – not granted to maintain a plaintiff in an unlawful position; Liability for third-party acts – municipality not liable where animals were killed by third-party trailer and buried under health regulations.
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31 August 1994 |
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Certiorari denied where statutory nationality preference and no proven illegality, bias, or hearing defect in appointment process.
Judicial review – certiorari – administrative appointments by statutory university bodies; advertised qualifications as guidance not mandatory; statutory priority for citizens in appointments; requirement of proof for allegations of bias or discrimination; administrative (not quasi-judicial) nature of interviews.
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30 August 1994 |
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Appellants' misdirection on burden of proof found harmless; evidence held sufficient and appeal dismissed.
Criminal law – burden of proof – remains on prosecution; misdirection harmless where evidence overwhelming; evaluation of expert handwriting evidence; accomplice evidence; sentencing discretion and permissible disparity among co-accused.
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29 August 1994 |
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Whether a purchaser is protected as a bona fide purchaser under RTA when title followed an ex parte decree.
Land law — Registration of Titles Act — indefeasibility of registered title — bona fide purchaser for value without notice — effect of setting aside ex parte decree on third parties — caveat procedure and burden under section 149 RTA.
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24 August 1994 |
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23 August 1994 |
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22 August 1994 |
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Court refused interim relief where many named plaintiffs denied authorising the suit; hearing adjourned sine die.
Civil procedure – temporary injunction – interlocutory relief contingent on existence of a properly instituted suit; plaintiffs’ authority to sue disputed – suit allegedly instituted without authority; court declined to grant interim order and adjourned hearing sine die.
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22 August 1994 |
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Plaintiff proved a sale contract, recovered the price, damages, interest at court rates and costs after defendant failed to rebut delivery evidence.
Contract of sale – tender and acceptance – delivery notes as evidence of receipt. Burden of proof – shifting obligation where defendant alleges forgery/absence of signatory. Sale of Goods Act – claim for price under Section 49. Damages for breach – foreseeability (Hadley v Baxendale). Interest – appropriate court rates versus contractual/excessive rates.
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16 August 1994 |
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Accused acquitted where contradictory, unreliable identification and witness evidence failed to establish a prima facie case.
Criminal law – No-case submission – sufficiency of evidence – identification evidence – contradictions and inconsistencies – effect of passage of time – standard for prima facie case (Ramanlal T. Bhatt v. R).
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15 August 1994 |
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Accused acquitted where identification was doubtful despite proof that murder and aggravated robbery occurred.
Criminal law – Murder and aggravated robbery – Proof beyond reasonable doubt – Identification evidence at night – need for corroboration and reliability – malice inferred from use of firearm – post‑mortem not essential to prove death.
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15 August 1994 |
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Court found complainant unreliable, confession questionable and corroboration inadequate, so prosecution failed to prove rape beyond reasonable doubt.
Criminal law – Rape – Credibility of complainant’s evidence – contradictions and intoxication affecting reliability; corroboration required where necessary. Evidence – Charge and caution statement – voluntariness and admissibility; retraction/repudiation and its weight. Corroboration – absence of physical exhibits and weak lay corroboration undermining prosecution case. Consent – effect of complainant’s intoxication on issue of consent.
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15 August 1994 |
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Prosecution failed to prove rape beyond reasonable doubt due to an unreliable complainant, doubtful confession and inadequate corroboration.
Criminal law – Rape – Credibility of complainant – Material contradictions undermining testimony – Corroboration cannot cure intrinsically untruthful evidence. Evidence – Confession/charge and caution statement – admissibility after trial‑within‑a‑trial and weight of confession where possibly retracted or inconsistent. Evidence – Corroboration – absence of key exhibits and unreliable witness accounts limits probative value.
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15 August 1994 |
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Acquittal where complainant's testimony and a retracted police confession were found unreliable, leaving the prosecution without proof.
Criminal law – Rape – ingredients: unlawful carnal knowledge, lack of consent, identity of accused – necessity of proof beyond reasonable doubt. Evidence – Credibility of complainant – contradictions, intoxication and effect on reliability. Evidence – Corroboration – limits where primary witness is not intrinsically credible. Evidence – Confessions – charge-and-caution statements, retracted/repudiated confessions and requirement for independent satisfaction of truth (s.24 Evidence Act; authorities cited).
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15 August 1994 |
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Prosecution proved theft and use of a gun but failed to prove accuseds’ participation beyond reasonable doubt, leading to acquittal.
Criminal law – Aggravated robbery – Elements: theft, use of a deadly weapon, participation of accused. Identification evidence – Night-time identification, intoxication, contradictory accounts, need for caution. Confession evidence – Repudiated confession, prosecution must prove authenticity and surrounding circumstances; insufficient proof negates evidential value. Co-accused statements – Require independent corroboration before being acted upon to convict another accused. Exhibits/recoveries – Non‑production or unexplained chain of custody weakens prosecution case. Burden of proof – Remains on prosecution throughout; doubts resolved for accused.
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15 August 1994 |