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Fiji Law Reports |
HIGH COURT OF FIJI ISLANDS
BALJEET SINGH
v
SUBINDAR KAUR
[HIGH COURT, 1997 (Lyons J) 3 October]
Appellate Jurisdiction
Evidence: Civil- recognition of foreign decree of divorce- comparison of handwriting by Resident Magistrate- examination of document not properly before the Court.
A resident magistrate hearing a contested application for recognition of a
foreign decree of divorce examined a document for the purpose
of comparing
handwriting and as a result of the examination made a finding of fact. On appeal
the High Court HELD: (i) that although
the evidence of an expert is not
essential when hadwriting is to be compared, the issue between the parties was
so serious that an
expert should have been called and (ii) that a Court should
not make use of a document not placed before it by the parties without
affording
counsel the opportunity to address the Court on the evidential value of the
document.
Cases cited:
Arnold v Norris [1936] SASR 287
Bater v. Bater [1950] 1 All ER 458
Briginshaw v. Briginshaw [1913] HCA 32; 16 CLR 336
Cavanett v. Chambers [1968] SASR 97
Chiman Lal v. Pan Bai C.A. 48/81- FCA Reps 81/144
C. Valentine v. Donnan C.A. 38/81- FCA Reps 81/157
Gronow v. Gronow [1979] HCA 63; 144 CLR 513
House v. R 55 CLR 505
Jai Prakash v Savita Chandra ( C.A. 37/85- FCA Reps 85/156)
Miller v. Ministry of Pension [1947] 2 All ER 372
R v. O’Sullivan [1969] 2 All ER 237
R v. Rickard (1919) 13 Cr. App. R. 140
R v. Smith (1909) 3 Cr. App. 87
R v. Tilley [1961] 1 All ER 406
Shameem Mohammed v R
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