Public Health Act, 2009

* Graves (Removal) Act – scope – primarily regulates exhumations for public interest under Ministerial authority; limited application to private clan removals. * Procedure – non-compliance with Graves Act/Regulations does not automatically vitiate private exhumation proceedings; court may act under Section 95 CPC and customary practice. * Consultation – consent/opinion of interested relatives is important but not every clan member must be personally consulted; burden to prove non-consultation rests on the applicant. * Public health – allegations of health risk require evidential support, not mere speculation.

Civil procedure – Preliminary objections – point of law must be apparent on face of record; Limitation – tortious damage to crops attracts three-year limitation (Item 6) not one-year for acts done "in pursuance of written law"; Pleadings – Order VII r.7 requires specific reliefs but minor pleading defects curable under Order VI r.17; 90‑day demand notices and variation in claimed amounts raise issues of proof, not pure law.

* Criminal procedure — Search and seizure — Compliance with sections 38 and 40 CPA (authority, time of execution, receipt/signature/reporting) — Evidence seized during unlawful search may render conviction unsafe. * Evidence — Proof of possession — Connection between accused and place of concealment (motor vehicle) — ignition key alone insufficient without corroboration. * Admissibility — Proper marking/receipt of exhibits — trial rulings may cure objections where record shows formal admission.

Criminal law — Housebreaking and theft — insufficiency of proof of stolen property and time of offence; defective charge for not naming complainant (Primary Court Criminal Procedure Code s.21(2)); expiry of tenancy and lawful repossession; appellate re-evaluation of evidence.

Jurisdiction — Juvenile Court v. Probate Court — maintenance claims against administrators of deceased estate; administrators’ fiduciary duty; jurisdiction conferred by law, not party admission.

Civil procedure – judgment requirements – Order XX Rules 4 & 5 CPC – failure to decide framed issues; Pleadings – court not to decide on grounds outside pleadings – malicious prosecution and cause of action raised suo motu; Evidence – obligation to tender material documentary evidence (notice) – failure to prove lawfulness of confiscation; Remedies – appellate intervention and award of damages, interest and costs.

Graves (Removal) Act – primarily for ministerial/public interest removals; Civil Procedure Code s.95 – private applications for exhumation; Public Health Act (ss.126–129) – burials at designated sites and prohibition of unlicensed funeral homes; public health risk from graves near communal water sources; local government and family consent as material consideration.