All courts - 1959 September

Practice Court of Appeal-Record for appeal lodged without copy of decree appealed from—Application for leave to file supplementary record including decree made and granted—Whether appeal competent-Eastern African Court of Appeal Rules, 1954, r. 56, r. 62 (4) (e).

Criminal law-Jurisdiction—Conviction of accused after plea of “not guilty”- No evidence called-Whether conviction ultra vires. Criminal law-Practice-Withdrawal of charge by Crown after accused admits charge—Magistrate subsequently proceeding to conviction and sentence— Whether conviction and sentence valid-Penal Code (Cap. 24), s. 270 (K.)— Criminal Procedure Code (Cap. 27), s. 87, s. 320 and s. 321 (K.). 

Criminal law-Evidence-Confession-Admission of charges to police officers while in custody—Allegation by accused that confessions obtained by force— No inquiry by trial magistrate whether confessions made voluntarily— Whether confessions admissible—Whether safe to convict upon retracted confession in absence of corroboration—Indian Evidence Act, 1872, s. 25

Rent restriction-Premises comprising shop and dwelling accommodation—No express provision in lease as to nature of letting—Whether "contemplated user” or “actual user" is primary factor in determining whether premises subject to rent restriction—Rent Restriction Ordinance (Cap. 301), s. 2 C (2) (T.). 
 

Mohamedan law-Wakf—Bequest for charitable objects to be chosen by executors 
-Whether the wakf is valid or void for uncertainty. Administration of estates—Bequest for charitable objects to be chosen by executors —Death of executors before charitable objects chosen—Whether the court has the power to select charitable objects to give effect to the bequest.

Rent restriction—Jurisdiction—Application by tenant to determine standard rent and for refund of excess rent-Application heard partly by board and partly by chairman alone-Decision of chairman alone-Whether chairman of board sitting alone entitled to decide application—Rent Restriction Ordinance, s. 2 (2) and 6 (2) (T.)—Rent Restriction (Authorisation) Order, 1951 (T.). 

Criminal law—Practice—Trial—Accused alleged to be unlawfully within Colony— Burden of proof placed on accused by law—Accused required to make his defence that presence lawful-Prosecution case presented afterwards- Whether procedure adopted correct-Immigration Ordinance 1956, s. 15 (1) and s. 18 (K.)—Criminal Procedure Code (Cap. 27), s. 206 and s. 210 (K.). Criminal law-Evidence-Onus of proof placed by law on defense—Standard of proof required to discharge onus-Indian Evidence Act, 1872, s. 105. 
 

Criminal law-Corruption-Search warrant endorsed for execution by one police inspector but executed by another-Car radio seized different from that authorised by the search-Bribe offered to release the radio seized-Whether offence committed—Prevention of Corruption Ordinance, 1956, s. 3 (2) (K.). 
 

Criminal law-Theft by servant—Pay of police constables handed to police officer for payment to constables-Money stolen by domestic servant of police officer-Whether theft by servant or simple theft-Penal Code, s. 263, s. 267, s. 270 and s. 276 (K.).