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Citation
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Judgment date
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| September 1989 |
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Failure to extract and include the decree in the record of appeal renders the appeal incompetent and it is struck out with costs.
Civil procedure – Appeal – Record of appeal – Requirement to extract and include the decree appealed against – Failure to do so is an omission of an essential step and renders appeal incompetent. Court of Appeal Rules – Rule 3 – Power to depart from practice cannot be used to assume jurisdiction where none exists. Competence of applications – Extension of time, leave to file supplementary record and withdrawal applications made after appeal rendered incompetent are themselves incompetent. Appellate Jurisdiction Act s.11(1) – power to extend time for notice of intention to appeal lies with High Court in prescribed circumstances.
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7 September 1989 |
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Reported
Civil Practice and Procedure - Plaint - Relief sought - Plaint must show reliefs sought - Effect of non-compliance - O.VIl Rule 7 Civil Procedure Code, 1966.
Labour Law - Gratuity - Condition for payment of gratuity. |
7 September 1989 |
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Conviction unsafe where single, inconsistent witness identification and improperly admitted police statement undermined prosecution case.
Criminal law — admissibility of police statements — Section 10(6) Criminal Procedure Act 1985 limits use of police statements to corroborate a witness; Evidence Act s166; Evidence — impeachment of witness — requirement to treat witness as hostile under s164 before using former inconsistent statements; Identification evidence — dangers of convicting on single, intoxicated nighttime witness; Failure to call crucial witness — adverse inference where central eyewitness not produced.
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7 September 1989 |
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Appeal allowed: lack of evidence of ambush and possible provocation reduced murder conviction to manslaughter with seven‑year term.
Criminal law – Provocation as defence to murder – Assessors’ opinions and trial judge’s summing-up – Pre‑meditation/waylaying must be supported by evidence – Conviction unsafe where ambush not proved – Reduction of murder to manslaughter (s.201 Penal Code).
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7 September 1989 |
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Murder conviction and death sentence upheld despite misdirected reliance on an unproved motive and procedural shortcomings.
Criminal law – murder – eyewitness evidence by child witnesses corroborated by post‑mortem – conviction upheld. Criminal law – insanity defence – psychiatric observation report found sane; no sufficient evidence of insanity. Criminal law – malice aforethought – grievous harm established by severe blow; section 200(a) satisfied. Criminal procedure – prosecutor’s opening address is not evidence; courts must not rely on unproved matters in openings. Criminal procedure – procedural irregularities (child witness procedure, assessors, sentencing form) noted but held harmless.
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7 September 1989 |
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Murder conviction and death sentence upheld where child witnesses and post‑mortem corroborated deliberate killing despite procedural flaws.
Criminal law – murder – evidence of child witnesses corroborated by post‑mortem establishes guilt; malice aforethought may be inferred from force of blow Criminal law – insanity defence – psychiatric report held appellant sane at time of offence; defence not established Criminal procedure – prosecutorial opening must not advance matters unsupported by evidence; counsel should make final submissions to correct misstatements Procedural irregularities (oath of child witnesses; assessors; sentencing format) criticized but held not to vitiate conviction
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7 September 1989 |
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Appeal allowed: conviction unsafe due to unsupported finding of ambush and unresolved provocation; appellant acquitted.
Criminal law – Murder – reliability of eyewitness identification – provocation and its assessment – misdirection on premeditation/ambush – safety of conviction.
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7 September 1989 |
| August 1989 |
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Appellant’s murder conviction quashed for unreliable evidence and improper timing of counsel’s submissions to assessors.
Criminal law – Murder – evaluation of witness credibility – contradictions between in‑court testimony and police statement – insufficiency of evidence; Criminal procedure – assessors – counsel’s final submissions must be presented before assessors give their opinions.
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30 August 1989 |
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Credible child testimony corroborated by circumstantial evidence sustained a murder conviction; sentencing must follow statutory form.
Criminal law – murder – direct evidence by child witnesses – competence and reception under Section 127 Evidence Act – voir dire and recording requirements. Criminal law – circumstantial evidence – corroboration of child testimony by neighbours' actions and discovery of body. Criminal procedure – form of sentence – requirement to follow section 26(1) Penal Code wording for death penalty. Evidence – affirmation for Muslim witnesses vs. swearing; procedural irregularity not affecting conviction.
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30 August 1989 |
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Child witnesses’ competency under Section 127 and sufficiency of direct plus circumstantial evidence upheld; sentencing wording irregularity harmless.
Criminal law – Evidence: competency and admissibility of child witnesses of tender years under Section 127 Evidence Act; voir dire and recording of questions; direct and circumstantial evidence corroboration in murder trial; sentencing formality – adherence to section 26(1) Penal Code.
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30 August 1989 |
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An uncontradicted police confession, corroborated by recovery of the weapon and circumstantial evidence, upheld the murder conviction.
Criminal law – confession to police – admissibility and weight of an uncontradicted oral confession under the Evidence Act; corroboration by leading police to scene and recovery of weapon; circumstantial evidence of selling parts of stolen/slaughtered animal; adverse inference from accused’s silence at trial; conviction and death sentence upheld.
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30 August 1989 |
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Single eyewitness identification was held reliable; procedural omission re assessors was non-fatal absent shown prejudice.
Criminal law – murder – identification evidence – single eyewitness sufficiency (s.143 Evidence Act) – assessors: direction on burden of proof and accused's opportunity to object – procedural irregularity not fatal absent prejudice.
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30 August 1989 |
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Circumstantial and medical evidence plus an extra‑judicial admission established the applicant's guilt; intoxication defence rejected and appeal dismissed.
Criminal law – Murder – Circumstantial evidence sufficiency; felony‑murder principle (death during sexual assault establishes malice aforethought); intoxication defence unavailable where no evidential basis and accused denies drunkenness; extra‑judicial admission as evidence.
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30 August 1989 |
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Circumstantial evidence and an extra‑judicial admission established felony‑murder; intoxication defence rejected; appeal dismissed.
Criminal law – Murder (felony-murder) – Circumstantial evidence – Sexual assault of a child – Extra-judicial confession – Defence of intoxication – Appellate review of sufficiency of evidence.
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30 August 1989 |
| February 1989 |
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Whether vehicles supplied by the applicant remained its property or constituted an unconditional gift to the respondent.
Property dispute over imported motor vehicles and equipment; authenticity of documentary evidence; credibility findings; gift versus conditional ownership under an alleged cooperation agreement; standard of proof on ownership disputes.
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6 February 1989 |