Results.
5 judgments found.
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| March 1981 |
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Court may review reasonableness of preventive detention; uncontradicted alibis can defeat detention under Article 26.
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Constitutional law — preventive detention — Preservation of Public Security Regulations reg 33(1) — scope of habeas corpus — objective review of detaining authority's satisfaction — burden of proof under Article 26 — uncontradicted alibi evidence
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25 March 1981 |
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Failure to disclose material accident evidence may warrant adjournment; appellate court can reassess credibility and award damages.
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Motor-vehicle accidents — disclosure of material evidence and adjournment — unpleaded defence at trial — immediate objection, amendment or recall — appellate interference with credibility findings — assessment of damages where appeal likely — loss of use and quantum for minor personal injuries.
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11 March 1981 |
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Charge of murder/manslaughter must use date of death; a reasonably possible alternative cause creates reasonable doubt, so conviction overturned.
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Criminal law — Murder/manslaughter — charge should state date of death; evidence — burden of proof — a 'reasonably possible' alternative causes reasonable doubt; evidence — accused’s lies may bolster credible evidence but cannot cure discredited or conflicting evidence
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10 March 1981 |
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Court adjusted the applicant's damages, addressing unconsciousness, special damages dating, multiplier choice and interest.
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Damages — appellate interference with quantum; unconsciousness and its effect on pain and amenities; special damages calculated to date of trial; future loss assessed by combining actuarial and traditional methods; interest rates on damages
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9 March 1981 |
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Appellate court reversed misdirected factual findings, admitted negligence, and assessed damages for vehicle loss and personal injuries.
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Evidence — motor-accident material evidence and disclosure; Pleadings — evidence not pleaded and proper objection/adjournment/recall procedure; Civil procedure — when appellate court may interfere with factual findings; Damages — assessment, loss of use of written-off vehicle, personal injury quantum
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9 March 1981 |