Thursday, 9 March 2017

Falsus in uno, falsest in omnibus

Falsus in uno, falsest in omnibus
Testimonial of a witness should not be believed if the witness on some material fact omitted by him his examination in chief by showing that the witness has lied as to that fact is closely analogous to and in a sense merely an application of impeaching a witness’s credit by previous inconsistent statement.
Yasin Rahman@Rahamn Yasin@Titu us State (Criminal) 19 BLC(AD) 8

Stare desises
Stare devises is a legal principle by shish judges are obliged to respect precedents established by prior decisions. This doctrine is also referred to as the doctrine of precedent. Courts should generally abide by precedents and not disturb settled matters. This is necessary for the administration of justice otherwise the lower Courts and the High Court Division will be confused in determining any particular issue. State decisis one of the fundamental doctrines of common law systems. This doctrine is also referred to as the doctrine of precedent. Stare decisis requires judges to follow precedent and apply the law as they find it or to justify their deviation from the established rule. In majority of cases, there will be no justification for divergence; the judge will be obliged to apply the law as it is. This is why the Stare decisis are the foundation of the judicial to apply occasional law.

Anwarul Huq us Iqbal Ahmed (Civil) 19 BLC (AD) 241

Per incuriam
The expression per incur am a Latin word which means through inadvertence or through want of care. According to PS Osborn’s Law Dictionary A decision of the Court is not binding precedent if given per incur am, that is without the court’s attention having been drawn to the relevant authorities. A decision can be said generally to be given per incuriam when court has decided a case in ignorance of a law applicable in the case or when the court has decided a case through oversight of law applicable in the case which were not considered and had it been considered the result would have been otherwise.

Abul Kalam Khan us Reaz Morshed
and another, 5 BLC (2000) 528