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Citation
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Judgment date
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| March 1983 |
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Appeal allowed: eviction set aside where monthly tenancy lacked termination notice, no reasonable alternative accommodation, and no proven arrears.
Landlord and tenant law – Rent Restriction Act s.19 – prerequisites for possession: availability of reasonable alternative accommodation, reasonableness of making order, absence of greater hardship to landlord. Termination of contractual tenancy – required notice for monthly tenancies before invoking statutory remedies. Rent arrears – tenant’s readiness to pay and landlord’s refusal to accept payment as defence to eviction. Procedural requirement – approval by Registrar of Buildings for alternative accommodation exchange.
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31 March 1983 |
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Conviction quashed where discrepancies and lack of proof linking appellant to missing crops defeated proof beyond reasonable doubt.
Criminal law – Theft – Proof beyond reasonable doubt – Discrepancy between investigating officer’s findings and accounting records; failure to establish exclusive control or direct link to accused undermines conviction.
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31 March 1983 |
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Conviction upheld on accused's admission; seven-year sentence reduced to three years because reliance on unproven prior conviction was improper.
Criminal law – stealing by person employed in public service; admission in defence amounting to plea of guilty; Sentencing – reliance on alleged previous conviction must be proved and the accused afforded opportunity to comment; sentence reduction where sentence based on unproven facts.
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30 March 1983 |
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30 March 1983 |
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Convictions based solely on hearsay and no admissible evidence were quashed and release ordered.
Criminal law – Theft – Sufficiency of evidence – Conviction cannot rest on hearsay or unsupported attribution by another accused; admissibility of out‑of‑court statements; circumstantial evidence requires lawful connection to accused.
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29 March 1983 |
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Respondent lacked locus standi; eviction invalid as Rent Restriction Act prerequisites were not satisfied.
Property law – Buildings Acquisition Act 1971 – vesting of ownership in Registrar and subsequent transfer; locus standi – possession of title deeds and power of attorney do not confer ownership after statutory transfer; Rent Restriction Act (s.19) – requisites for eviction of commercial premises: reasonable alternative accommodation, reasonableness of order, and greater hardship to landlord.
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29 March 1983 |
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Primary Court’s oral findings and admissions upheld; no statutory requirement for written customary land sale contract; appeal allowed.
Civil appeal — sale of land and contract for construction under customary law — evidentiary value of oral admissions and community elders’ findings — no general requirement for written sale contract in Primary Court proceedings.
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29 March 1983 |
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Eyewitness identification and recovered property supported conviction for simple theft; gun and uniform did not establish robbery with violence.
Criminal law – Theft versus robbery with violence – Identification by neighbours and recovery of property – Possession of weapon and uniform not automatically constituting robbery where no threats or force shown.
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28 March 1983 |
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Robbery conviction overturned where the stolen bicycle was not identified and possession was not recent.
Criminal law – robbery with violence – identification of stolen property – recent possession doctrine – delay between theft and seizure – insufficiency of evidence to sustain conviction.
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28 March 1983 |
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Failure to record that child witnesses understood the oath rendered identification evidence unreliable and the conviction unsafe.
Evidence — Child witnesses (child of tender years) — Court must record opinion that child understands nature of oath before treating as adult witness — failure renders evidence questionable. Criminal law — Identification — Single-witness identification made in unfavourable conditions requires caution and corroboration. Procedure — Delay in amending charges (adding robbery counts months later) can undermine contemporaneousness and credibility of identification evidence.
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26 March 1983 |
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Appellate court quashed an acquittal, finding eyewitness evidence proved malicious damage and substituted a conviction and sentence.
Criminal law – Malicious damage to property – Eyewitness evidence – Weight of uncontradicted eyewitness testimony supports conviction. Criminal procedure – Judgment must reflect evidence on record; a judgment containing invented facts or speculation is a misdirection. Defence of provocation/adultery – Allegations of adultery do not justify destruction of property. Appeal remedy – Appellate court may quash an acquittal and substitute a conviction where the record supports guilt.
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25 March 1983 |
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Flight and mere presence do not prove the applicant's guilt for cattle theft without corroborative evidence.
Criminal law – Theft – Flight and presence at scene – Flight in face of an armed search party is not necessarily proof of guilt; mere presence is insufficient without corroborative evidence – Convictions unsafe where ownership and lack of guilty knowledge are unproven.
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25 March 1983 |
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Conviction for theft upheld where trap money gave possession but not ownership; sentence corrected to three years.
Criminal law – charge conversion – distinction between "obtaining" by false pretences (s.302) and simple theft (s.265); trap money and possession versus ownership; appellate correction of unlawful sentence.
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25 March 1983 |
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Conviction for cattle trespass upheld; compensation order set aside for lack of proof of damage value.
Criminal law – allowing animals to trespass – conviction upheld despite limited complainant testimony. Evidence – damages/compensation – award must be supported by proof of value; unsupported assertions insufficient. Sentence – fine for first offender appropriate and not interfered with.
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25 March 1983 |
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Possession of complainants' stolen items shortly after theft gave rise to conviction; appeal dismissed and sentences upheld.
Criminal law – housebreaking and stealing – application of doctrine of recent possession – credibility of complainant identification – sufficiency of evidence to prove guilt beyond reasonable doubt.
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25 March 1983 |
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Applicant's seven‑month delay and unsupported sickness excuse did not constitute sufficient cause to grant an out‑of‑time appeal.
Criminal procedure – application for leave to appeal out of time – delay of seven months – illness without supporting medical evidence is inadequate explanation – lack of arguable grounds for appeal – sentencing and Minimum Sentences Act consideration.
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25 March 1983 |
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Applicant failed to show good cause for delay and the proposed appeal lacked merit; application dismissed.
Criminal procedure — Application for leave to appeal out of time — Requirement to show good cause for delay — Bare affidavit alleging sickness without dates or medical proof insufficient. Evidence — Forgery, uttering and stealing — Overwhelming evidence justifying conviction. Sentencing — Sentences concurrent and not excessive; within Minimum Sentences Act 1972. Court discretion — Refusal to extend time where excuse unsupported and appeal lacks merit.
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25 March 1983 |
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23 March 1983 |
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23 March 1983 |
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Conviction for cattle theft quashed where sole witness’s evidence was implausible and unsafe to support a conviction.
Criminal law – Evidence – Credibility of single witness – Conviction unsafe where sole testimony is implausible and unsupported by corroboration; appellate/revisional quashing of convictions based on defective evidence.
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23 March 1983 |
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Appellate court upheld forgery and false‑pretences convictions, finding identification and circumstantial evidence sufficient despite trial judge’s imperfect handling of the defence.
Criminal law – Forgery (Penal Code ss. 333 & 337) – Whether altered cash sale documents were forged and used to obtain goods. Criminal law – Obtaining goods by false pretences (Penal Code s. 302) – Sufficiency of circumstantial evidence. Evidence – Identification parade – failure to call conducting officer and effect on reliability; no adverse inference where no complaint as to parade procedure. Criminal procedure – Duty of trial judge to consider defence in judgment – omission not necessarily fatal where evidence supports conviction.
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23 March 1983 |
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Appeals dismissed; convictions and Minimum Sentences Act-based sentences for shopbreaking and stealing upheld.
Criminal law – shop breaking and stealing – recovery and identification of stolen goods – credibility of purchaser-witness and police trap – defendants' ownership defences rejected – Minimum Sentences Act applicability to first and second offenders.
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22 March 1983 |
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Eyewitness identification upheld; aggravated robbery with firearm and rape justified increasing concurrent sentences to twenty years.
Criminal law – Robbery with violence (aggravated robbery) – Eyewitness identification; use of firearm and actual wounding; sexual assaults as aggravating factors; sentence enhancement for protection of society; concurrent sentencing.
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22 March 1983 |
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Conviction quashed where documentary hearsay and absence of key witnesses made travel-date proof unsafe.
Criminal law – obtaining money by false pretences – sufficiency and admissibility of documentary evidence (payment voucher, railways warrant) – hearsay – failure to call material witnesses – unsafe conviction.
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22 March 1983 |
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A voluntary extra‑judicial confession to a superior officer, if credible, can support conviction despite lack of documentary banking proof.
Criminal law – theft by public servant – alleged misappropriation of entrusted public funds – reliance on extra‑judicial confession to superior officer. Evidence – repudiated confession – need for corroboration and approach where confession is made to a magistrate. Admissibility and weight of statements made to a magistrate (recorded or not) and voluntariness outside police custody. Circumstantial proof and absence of documentary banking evidence does not necessarily render conviction unsafe where confession and facts are credible.
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22 March 1983 |
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Convictions based on displaced circumstantial evidence quashed where outsiders' entry remained a realistic possibility.
Criminal law – store‑breaking and theft; circumstantial evidence – dislodged where realistic possibility of third‑party entry exists; appellate review – convictions quashed when prosecution does not support appeal; compensation order set aside.
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21 March 1983 |
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Court upheld robbery conviction based on recent possession and identification; quashed mother's receiving conviction for lack of proof.
Criminal law – robbery and receiving stolen property – identification and recent possession – sufficiency of evidence to infer participation – requirement for magistrate to state basis for conviction – safety of conviction where accused may lack knowledge of goods.
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20 March 1983 |
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The High Court allowed the prosecution appeal, finding the trial magistrate erred and convicting the respondent for dangerous driving.
Criminal law – dangerous/reckless driving – sufficiency of prosecution evidence – eyewitness testimony, police sketch plan and vehicle inspection reports supporting conviction. Evidence – admissibility/proof of documents produced by prosecutor who is not a witness – procedural irregularity but case may stand where independent evidence proves the offense. Procedure – trial magistrate’s scene visit and failure to record proceedings – irregularity and improper rejection of sketch plan. Sentencing – grievous harm established by medical evidence relevant to sentencing; disqualification period reducible for special reasons.
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18 March 1983 |
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Possession of fresh meat and identified animal remains upheld conviction for cattle theft on appeal.
Criminal law – Cattle theft – Possession of recently butchered meat and identification of animal remains – Sufficiency of evidence to support conviction – Appellate review of credibility findings.
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18 March 1983 |
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Exchanging an employer's cattle without consent amounts to theft; conviction and sentence affirmed.
Criminal law – Cattle theft – Exchange of employer's livestock without consent – Confession and identification of recipient – Evidence sufficient to convict – Appeal dismissed.
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18 March 1983 |
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18 March 1983 |
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Appellate court upholds convictions for missing public funds but quashes convictions for inadequately proved assessors’ allowances.
Criminal law – theft by public servant – proof of missing public funds and drawing inference of theft from unexplained absence; Evidence – admissibility of opinion evidence of persons acquainted with accused’s handwriting (s.49 Law of Evidence Act); Criminal procedure – conviction for lesser amount proved need not await formal amendment of charge.
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16 March 1983 |
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16 March 1983 |
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Recent possession and identification of stolen property upheld; bhang possession proved by chemist; appeal dismissed.
Criminal law – Burglary and theft – identification of stolen property; recent possession doctrine; possession of property suspected to be stolen (s.312 Penal Code); proof and chemical analysis of bhang; concurrent sentencing.
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16 March 1983 |
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Improper court-called rebuttal evidence excluded, but voluntary confession and discovery of stolen property sustain conviction.
Criminal law – Evidence – Confession made to village chairman – voluntariness and admissibility; corroboration by discovery of stolen property. Procedural impropriety – Trial court calling a witness suo motu to rebut accused’s defence – such evidence to be excluded. Cattle theft – Leading search party to recover stolen property as corroboration for confession.
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16 March 1983 |
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Appeal allowed where convictions based on hearsay and unchallenged defence; sentences set aside and appellant released.
Traffic law – sufficiency of evidence – inadmissible hearsay and unproven extra-judicial statements; Defence unchallenged; statutory meaning of "road"; Section 62 (taking motor vehicle) interpretation; sentencing irregularity for failing to offer statutory fine option.
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15 March 1983 |
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15 March 1983 |
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Grievous harm conviction upheld on strong evidence; robbery conviction quashed for insufficient proof of taking.
Criminal law – grievous harm – assault with a pangas causing injuries medically classified as dangerous – evidence upheld. Criminal law – robbery – failure to prove taking of property beyond reasonable doubt where only the complainant mentions the item. Appeal and revisional powers – quashing of unsupported conviction and sentence; affirmation of supported conviction and related compensation order.
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14 March 1983 |
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Burglary conviction quashed where prosecution evidence was scanty, inconsistent and trial magistrate's judgment contained unsupported, biased findings.
Criminal law – Burglary – Elements of breaking and entry – Sufficiency of evidence – Appellate review where trial judgment contains inaccuracies and apparent bias – Conviction unsafe and quashed.
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14 March 1983 |
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14 March 1983 |
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14 March 1983 |
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Recent-possession and lawful search supported conviction for shopbreaking and stealing; sentence irregularity noted but appeal dismissed.
Criminal law – shopbreaking and stealing – possession of recently stolen goods found in a locked rented room – inference of knowledge and recent-possession doctrine. Evidence – lawfulness of search in occupants' absence where search conducted in presence of landlord and local leader. Sentence – irregularity where imposed sentence inconsistent with value of stolen property.
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14 March 1983 |
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11 March 1983 |
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11 March 1983 |
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Circumstantial evidence and found stolen property in premises do not automatically establish guilt beyond reasonable doubt.
Criminal law – circumstantial evidence – must point irresistibly to guilt; mere presence near scene and found stolen property in premises insufficient without excluding reasonable alternatives; danger of convicting on planted evidence.
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10 March 1983 |
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Recent possession of stolen clothes with an unsatisfactory explanation upheld conviction; appeal dismissed.
Criminal law – Burglary and stealing – recent possession of stolen goods – inference of guilt where explanation is unsatisfactory – appellate restraint regarding concurrent findings of fact.
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10 March 1983 |
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Two convictions based solely on a co‑accused’s defence‑stage allegations quashed; receiver’s conviction upheld.
Criminal law – sufficiency of prosecution case – evidence emerging only in accused’s defence – no prima facie case; Reliance on uncorroborated co‑accused testimony; Receiving stolen property; Recent possession doctrine (not applied).
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9 March 1983 |
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Conviction based solely on a single, unreliable identification was unsafe; appeal allowed, conviction and sentence quashed.
Criminal law – Identification evidence – Conviction based solely on single identifying witness – Unsafe identification where initial victim did not recognize assailant and conditions unfavourable. Criminal procedure – Appeal – Prosecutor declines to support conviction – appellate court may quash conviction if evidence unsafe.
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9 March 1983 |
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Appeal dismissed where audit showed cash shortfall and late, unsupported defence was rightly rejected.
Criminal law – Theft by a public servant – Evidence and credibility of auditors and prosecution witnesses; defence raised late and unsupported; failure to cross‑examine undermining defence; fresh points on appeal inadmissible.
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9 March 1983 |
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Reported
A ten-year-old charged with murder was released on recognizance due to welfare concerns and lack of juvenile facilities.
Criminal procedure – Bail/recognizance under section 123(3) Criminal Procedure Code – Release of juvenile charged with serious offence. Juvenile justice – welfare and best interests of the child – absence of juvenile facilities and risk of association with adult offenders. Consideration of parental surety and reduction of charge (likely manslaughter) in deciding conditional release.
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9 March 1983 |