Foreign Courts Archives

SA HC | ‘Plascon-Evans Rule’ could not resolve the disputed facts; application referred to trial

South Africa High Court, Free State Division, Bloemfontein: V.M. Morobane, AJ. referred the application to trial as the facts were not capable

Case Briefs Foreign Courts

Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set

Case Briefs Foreign Courts

UK | Libel action against a newspaper filed only on the basis of an article’s headline – not maintainable: ‘Bane and antidote’ must be taken together

High Court of Justice Queen’s Bench Division Media and Communications List: Warby, J. dismissed a claim for initiating action for libel against

Case Briefs Foreign Courts

SL CoA | Public authority vested with discretion cannot act in total disregard of the purpose for which such discretion is vested in it

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: M.M.A. Gaffoor, J. allowed a land owner’s application seeking mandamus for

Case Briefs Foreign Courts

SL CoA | Prerogative writs not to be issued as a matter of routine or right; party entitled to relief not granted any, as Court’s discretion is subjective

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. contemplated an application which was contended to be

Case Briefs Foreign Courts

SL CoA | Mere allotment of parking area by competent authority of Railways is a private affair; Held, mandamus lies to secure performance of a public duty

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. entertained a writ petition where the petitioner sought,

Case Briefs Foreign Courts

Australia | No illegality in order cancelling higher education visa of a student where all circumstances taken into consideration by the Authority

Federal Court of Australia: Collier, J. allowed an appeal against the decision of the Federal Circuit Court in which the primary Judge

Case Briefs Foreign Courts

SA HC | Discernment of a trial court not to be altered unless justified

South Africa High Court, Free State Division, Bloemfontein: A Division Bench of Mathebula and Chesiwe, JJ. dismissed the present appeal against convictions

Case Briefs Foreign Courts

Botswana HC | Colonial-era law criminalizing homosexuality struck down for being ultra vires the Constitution – Reliance placed on SC of India’s judgment in Navtej Singh Johar

“Criminalising consensual same sex in private, between adults is not in the public interest. Such criminalization….disproportionally impacts on the lives and dignity

Case Briefs Foreign Courts

Pak SC | Non-compliance with elements of Rule 6 of Narcotic Substances Act, diminishes the reliability and evidentiary value of forensic agency’s report

Pakistan Supreme Court: A Full Bench of Asif Saeed Khan Khosa, CJ, Mushir Alam and Syed Mansoor Ali Shah, JJ. extended benefit

Case Briefs Foreign Courts

Canada SC | Detained immigrant’s application for habeas corpus may be allowed where remedy under Immigration Act is less advantageous to detainee

“Habeas corpus is a fundamental and historic remedy which allows individuals to seek a determination as to the legality of their detention…….

Case Briefs Foreign Courts

SA HC | Lesser Sentence from the minimum can be imposed if “substantial and compelling reasons” exist

South Africa High Court, Free State Division, Bloemfontein: The petition for Leave to Appeal was filed before a Division Bench of C.J.

Case Briefs Foreign Courts

SL SC | Candidate must be unmarried for the selection of Asst. Superintendent of Police: Condition not violative of Fundamental Rights

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of L.T.B. Dehideniya, S. Thurairaja and E.A.G.R. Amarasekara, JJ.

Case Briefs Foreign Courts

Pak SC | No consequential impact of examining merits of a narcotics case when contraband destroyed, and accused not within the Court’s jurisdiction

Pakistan Supreme Court: A Full Bench comprising of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. dismissed

Case Briefs Foreign Courts

Pak SC | Anticipatory bail: An extraordinary remedy in criminal law – Person seeking pre-arrest bail must demonstrate malafide intention in arrest

Pakistan Supreme Court: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set aside

Case Briefs Foreign Courts

Kenya HC | Conviction on basis of circumstantial evidence can be found only if events form close-knit chain without any breakage or interruption

Kenya High Court, Nyahururu: R.P.V. Wendoh, J. passed a judgment directing acquittal of an accused in the absence of sound circumstantial evidence.

Case Briefs Foreign Courts

SL CoA | Appeal of rape convict, based upon ‘mistaken identity’ dismissed while applying ‘Turnbull Principles’

Court of Appeal for the Democratic Socialist Republic of Sri Lanka: A Division Bench of Deepali Wijesundera and Achala Wengappuli, JJ. dismissed

Case Briefs Foreign Courts

SL CoA | Restitutio integrum can only be filed by a party to the action and the person must act in utmost promptness while seeking it

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. dismissed the petition application by the petitioner. In

Case Briefs Foreign Courts

Uganda SC | Constitutional Amendment removing age-limit for the President does not violate the Basic Structure

Supreme Court of Uganda: The Full Bench of Katureebe, CJ., Arach-Amoko, Mwangusya, Opio-Aweri, Tibatemwa-Ekirikubinza, and Mugamba, JJ SC; and Tumwesigye, AG JSC

Case Briefs Foreign Courts

Pak SC | Interim order of a Tribunal passed without hearing the same on merits, would be believed to have never existed, if the petitioner withdraws the petition

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Sardar Tariq Masood and Syed Mansoor Ali Shah, JJ. allowed a

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Foreign Courts

SA HC | ‘Plascon-Evans Rule’ could not resolve the disputed facts; application referred to trial

Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

UK | Libel action against a newspaper filed only on the basis of an article’s headline – not maintainable: ‘Bane and antidote’ must be taken together

SL CoA | Public authority vested with discretion cannot act in total disregard of the purpose for which such discretion is vested in it

SL CoA | Prerogative writs not to be issued as a matter of routine or right; party entitled to relief not granted any, as Court’s discretion is subjective

SL CoA | Mere allotment of parking area by competent authority of Railways is a private affair; Held, mandamus lies to secure performance of a public duty

Australia | No illegality in order cancelling higher education visa of a student where all circumstances taken into consideration by the Authority

SA HC | Discernment of a trial court not to be altered unless justified

Botswana HC | Colonial-era law criminalizing homosexuality struck down for being ultra vires the Constitution – Reliance placed on SC of India’s judgment in Navtej Singh Johar

Pak SC | Non-compliance with elements of Rule 6 of Narcotic Substances Act, diminishes the reliability and evidentiary value of forensic agency’s report

Canada SC | Detained immigrant’s application for habeas corpus may be allowed where remedy under Immigration Act is less advantageous to detainee

SA HC | Lesser Sentence from the minimum can be imposed if “substantial and compelling reasons” exist

SL SC | Candidate must be unmarried for the selection of Asst. Superintendent of Police: Condition not violative of Fundamental Rights

Pak SC | No consequential impact of examining merits of a narcotics case when contraband destroyed, and accused not within the Court’s jurisdiction

Pak SC | Anticipatory bail: An extraordinary remedy in criminal law – Person seeking pre-arrest bail must demonstrate malafide intention in arrest

Kenya HC | Conviction on basis of circumstantial evidence can be found only if events form close-knit chain without any breakage or interruption

SL CoA | Appeal of rape convict, based upon ‘mistaken identity’ dismissed while applying ‘Turnbull Principles’

SL CoA | Restitutio integrum can only be filed by a party to the action and the person must act in utmost promptness while seeking it

Uganda SC | Constitutional Amendment removing age-limit for the President does not violate the Basic Structure

Pak SC | Interim order of a Tribunal passed without hearing the same on merits, would be believed to have never existed, if the petitioner withdraws the petition

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Del HC | Computer-generated ledger statement inadmissible in evidence for proving liability under S.138 NI Act, if not accompanied by certificate under S.65-B of Evidence Act

Foreigners (Tribunals) Amendment Order, 2019 — Notified

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Ker HC | No Court to render provisions of a Statute redundant or nugatory in absence of challenge to the same

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