Foreign Courts Archives

US Court of Appeals- 5th Circuit | Texas' social media law prohibiting platforms from censoring speech based on the viewpoint of its speaker, held constitutional

United States Court of Appeals for the Fifth Circuit: While determining the constitutionality of Texas statute- House Bill 20, which

Case Briefs Foreign Courts

High Court of Justice- TCC | “Unusual and surprising” Dispute Resolution Procedure between Children’s Ark and Kajima Construction declared unenforceable due to unclarity

The High Court of Justice (Technology and Construction Court): While deciding the instant matter revolving around the Dispute Resolution Procedure

Case Briefs Foreign Courts

US Court of Appeals- 9th Circuit| Washington law prohibiting licensed mental health providers from practicing conversion therapy on minors, held constitutional

United States Court of Appeals for the Ninth Circuit: While deliberating upon the constitutionality of Washington’s Senate Bill 5722, the question arose

Case Briefs Foreign Courts

Court of Appeal of the Republic of Singapore| CPC Cost Provisions “unlikely to deter” lawyers from providing bona fide legal advice; Constitutionality upheld

“The claim pertains to events that occurred between 2016 and 2018 and was then not followed up until 2022, a few days before the sentence was to be carried out. For all these reasons we are satisfied that OC 173 is without merit and an abuse of process and cannot therefore be a basis for us to grant a stay of execution.”

Case Briefs Foreign Courts

Employee or Independent Contractor? Supreme Court of New Jersey decides the issue for East Bay Drywall, LLC; holds that workers were misclassified

“A business practice that requires workers to assume the appearance of an independent business entity — a company in name only — could give rise to an inference that such a practice was intended to obscure the employer’s responsibility to remit its fund contributions as mandated by the State’s employee protections statutes”

Case Briefs Foreign Courts

SCOTUS| Maine Department of Education’s ‘non-sectarian requirement’ for tuition assistance payments, is violative of US Constitution’s First Amendment

Supreme Court of The United States (SCOTUS): While deciding the instant petition wherein the Maine Department of Education (hereinafter the Department) was

Case Briefs Foreign Courts

SCOTUS| Environmental Protection Agency does not have the authority under Clean Air Act to devise emission caps based on the generation shifting approach

Supreme Court of The United States (SCOTUS): In a decision that is being touted as a setback in the fight against climate

Case Briefs Foreign Courts

Canada SC’s unanimous verdict on test of Public Interest Standing paves way for access to justice

Canada Supreme Court: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer, and Jamal JJ unanimously upheld

Case Briefs Foreign Courts

Canada SC| Record screening process in sexual offence cases does not violate accused’s Charter-protected rights

[6:3 verdict] Canada Supreme Court: In the recent matter, the Canada Supreme Court, deliberated upon the matter of expanded rape laws that

Case Briefs Foreign Courts

AFCHPR| Republic of Kenya directed to identify and demarcate the Ogiek ancestral land and make monetary reparations to the community for the moral and material prejudices suffered

African Court on Human and People’s Rights (‘AFCHPR’): While deciding the instant matter concerning the eviction of a Kenyan indigenous minority ethnic

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Kneeling at the football field after games to offer a quiet personal prayer: whether such observances are protected under the US Constitution’s First Amendment? SCOTUS answers

Supreme Court of The United States: While deliberating upon the instant matter, wherein the petitioner lost his job as a high school

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“Courts must be permitted to consider the State’s interest in preventing gun violence” Read SCOTUS Dissent on New York Gun Law being declared unconstitutional for violating 2nd Amendment

“Question of firearm regulation presents a complex problem—one that should be solved by legislatures rather than courts”.

Case Briefs Foreign Courts

SCOTUS| New York’s “proper cause” requisite to possess concealed firearms, declared unconstitutional for preventing law-abiding citizens from exercising their Second Amendment right

Supreme Court of The United States: In a crucial decision, the SCOTUS while deliberating upon New York’s “proper cause” requirement to possess

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“With sorrow—for this Court, but more, for the many millions of American women…we dissent.” Read SCOTUS dissent on Right to Abortion case

“After today, young women will come of age with fewer rights than their mothers and grandmothers had”.

Case Briefs Foreign Courts

SCOTUS| United States’ Constitution does not confer any right to abortion; Roe v. Wade overruled after 49 years

Supreme Court of The United States: In a far-reaching decision concerning an American woman’s right to abortion, the Court held that the

Case Briefs Foreign Courts

Should courts categorically examine all possible ameliorative measures, before denying a Hague Convention petition for return of a child to a foreign country? SCOTUS answers

Supreme Court of the United States: While deciding the instant matter related to the international custody of a child which further involved

Case Briefs Foreign Courts

Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society

Supreme Court of Canada: A full bench comprising, Wagner C.J. and Moldaver, Karakatsanis, Côté, Brown, Rowe, Martin, Kasirer and Jamal JJ unanimously

Case Briefs Foreign Courts

SCOTUS | Courts should not make procedural rules favoring arbitration; FAA Policy not to foster arbitration

Supreme Court of the United States (SCOTUS): Elena Kagan, J. has clarified that a party challenging arbitration does not need to prove

Case Briefs Foreign Courts

SL CoA | Law helps the vigilant and not those who sleep over their rights; Appeal dismissed for sleeping over rights

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Prasantha De Silva and K.K.A.V. Swarnadhipathi, JJ.

Case Briefs Foreign Courts

If a person who is deaf and legally blind seeks physical therapy services is denied the same, Can emotional distress damages be recovered? SCOTUS examines

Supreme Court of the United States (SCOTUS): In a 6-3 ruling, Court expressed that, Emotional distress damages are not recoverable in a

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Foreign Courts

High Court of Justice- TCC | “Unusual and surprising” Dispute Resolution Procedure between Children’s Ark and Kajima Construction declared unenforceable due to unclarity

US Court of Appeals- 9th Circuit| Washington law prohibiting licensed mental health providers from practicing conversion therapy on minors, held constitutional

Court of Appeal of the Republic of Singapore| CPC Cost Provisions “unlikely to deter” lawyers from providing bona fide legal advice; Constitutionality upheld

Employee or Independent Contractor? Supreme Court of New Jersey decides the issue for East Bay Drywall, LLC; holds that workers were misclassified

SCOTUS| Maine Department of Education’s ‘non-sectarian requirement’ for tuition assistance payments, is violative of US Constitution’s First Amendment

SCOTUS| Environmental Protection Agency does not have the authority under Clean Air Act to devise emission caps based on the generation shifting approach

Canada SC| Record screening process in sexual offence cases does not violate accused’s Charter-protected rights

AFCHPR| Republic of Kenya directed to identify and demarcate the Ogiek ancestral land and make monetary reparations to the community for the moral and material prejudices suffered

Kneeling at the football field after games to offer a quiet personal prayer: whether such observances are protected under the US Constitution’s First Amendment? SCOTUS answers

“Courts must be permitted to consider the State’s interest in preventing gun violence” Read SCOTUS Dissent on New York Gun Law being declared unconstitutional for violating 2nd Amendment

SCOTUS| New York’s “proper cause” requisite to possess concealed firearms, declared unconstitutional for preventing law-abiding citizens from exercising their Second Amendment right

“With sorrow—for this Court, but more, for the many millions of American women…we dissent.” Read SCOTUS dissent on Right to Abortion case

SCOTUS| United States’ Constitution does not confer any right to abortion; Roe v. Wade overruled after 49 years

Should courts categorically examine all possible ameliorative measures, before denying a Hague Convention petition for return of a child to a foreign country? SCOTUS answers

Canada SC | Imposing consecutive 25-year parole ineligibility periods cruel and unusual by nature, cannot be justified in a free and democratic society

SCOTUS | Courts should not make procedural rules favoring arbitration; FAA Policy not to foster arbitration

SL CoA | Law helps the vigilant and not those who sleep over their rights; Appeal dismissed for sleeping over rights

If a person who is deaf and legally blind seeks physical therapy services is denied the same, Can emotional distress damages be recovered? SCOTUS examines

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Explained| Order 6 Rule 17 CPC: Doctrine of dominus litus for amendment of plaint

RTI on pay scales, gross pay, PF deduction and TDS| Unhappy with CPIO’s response, Central Information Commission allows inspection of records

Anomalous Position on “Adverse Possession” Settled

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

Bar under Order II Rule 2 CPC cannot apply to an amendment sought on an existing suit; Supreme Court lays down Principles for Amendment of Pleadings

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Delhi High Court | Mere signing documents in English does not mean the detenue has a working knowledge of English; detention order set aside

Supreme Court holds private school teachers entitled to gratuity; upholds Constitutional validity of Payment of Gratuity (Amendment) Act, 2009

Delhi High Court directs Government to ensure strict compliance of Prevention of Cruelty to Animals (Amendment) Rules, 2020 while transporting camels for Independence/Republic Day celebrations

Prateek Desai joins Khaitan & Co as Partner in New Delhi

Dr. M. V. V. S. Murthi 3rd National Virtual Moot Court Competition, 2022

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