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Citation
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Judgment date
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| March 2023 |
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Succeeding magistrate must expressly find delay or expense unreasonable before refusing accused's request to recall witnesses under section 165.
Criminal procedure — Change of magistrate — Section 165 Criminal Procedure and Evidence Code — Duty to re-summon witnesses on accused's request unless magistrate finds delay or expense would be unreasonable — requirement to form and record express opinion — remittal for reconsideration.
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24 March 2023 |
| February 2023 |
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Court dismissed appeal, upholding lower court’s extension of time and holding Taxation Act (8th Schedule) governs appeals from Special Arbitrator.
Taxation Act (8th Schedule) – appeals from Special Arbitrator to High Court – 21-day notice and 42-day grounds time limits; jurisdiction to grant extension of time; discretion to extend time; functus officio and res judicata inapplicable to procedural extension applications; Subordinate Court Rules not applicable.
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15 February 2023 |
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Court dismissed challenge to prosecution for alleged VAT fraud, finding no abuse of process and stayed related civil proceedings pending criminal trial.
Judicial review — Prosecutorial discretion — Abuse of process — Concurrent civil and criminal proceedings — Tax prosecutions — Section 155 Customs and Excise Act (five‑year limitation) — Reasonable and probable cause; evidential and public‑interest test.
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15 February 2023 |
| February 2020 |
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20 February 2020 |
| December 2019 |
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19 December 2019 |
| November 2019 |
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29 November 2019 |
| October 2019 |
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10 October 2019 |
| March 2019 |
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13 March 2019 |
| September 2018 |
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Applicant granted leave to appeal but stay pending appeal denied due to lack of evidence and absence of cause of action.
Civil procedure — Leave to appeal — Stay pending appeal — Balancing successful litigant’s right to enforcement against appellant’s right of appeal — Requirement of evidence that enforcement would render restitution impossible — Absence of cause of action as factor against stay.
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13 September 2018 |