Foreign Courts Archives

“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report

Lahore High Court: While deliberating upon the writ petitions challenging the use and conduct of ‘virginity tests’ especially “Two-finger Test” and “Hymen

Case Briefs Foreign Courts

UK SC | Amid the controversies surrounding the environmental impact of constructing a third runway at Heathrow Airport, SC discusses the fundamentals of “Government Policy” || Detailed Report

Supreme Court of United Kingdom: While deciding the instant case concerning the framework which will govern an application for the grant of

Case Briefs Foreign Courts

“Even in a pandemic, the Constitution cannot be forgotten”- In a split decision, SCOTUS upholds First Amendment guarantee of religious liberty and bars restrictions on religious services in New York

Supreme Court of the United States (SCOTUS): While deliberating upon the applications seeking relief from an Executive Order issued by the Governor

Case Briefs Foreign Courts

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Division Bench of Janak De Silva and N. Bandula Karunarathna,

Case Briefs Foreign Courts

SCOTUS | A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different; Exemption upheld

Supreme Court of the United States: A Full Judge bench of Warren E. Burger, C.J., Lewis Powell, Harry Blackmun, William Brennan, William

Case Briefs Foreign Courts

Actor Johnny Depp’s libel action against The Sun newspapers dismissed | Detailed Report

London High Court of Justice (Queen’s Bench): The instant high profile case of libel brought in by well known American actor Johnny

Case Briefs Foreign Courts

SL SC | Police officers expected by virtue of colour of their uniform to be more accountable in their duty than an ordinary citizen of country; Fundamental Right under Art. 11 found to be violated while in custody

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of B.P. Aluwihare, Murdu N.B. Fernando, and S.

Case Briefs Foreign Courts

SCOTUS gives a sharp critique to the Fifth Circuit Court for venturing into an “uncertain area of Tort law, especially when it has implications for First Amendment Rights” without seeking guidance from the Louisiana Supreme Court

Supreme Court of The United States (SCOTUS): While deciding the instant petition for granting the writ of certiorari, wherein a question of

Case Briefs Foreign Courts

UK SC | Can damages be recovered for “consequences” of having committed a crime during a serious psychotic episode? Detailed Report

Supreme Court of United Kingdom: In the instant appeal where the issue was whether the claimant can recover damages for the “consequences”

Case Briefs Foreign Courts

SCOTUS grants request by Alabama election officials to allow them to ban curbside voting | Detailed Report

Supreme Court of the United States (SCOTUS): While deciding upon the application for stay presented in relation to Alabama Secretary of State’s

Case Briefs Foreign Courts

Louisiana’s statutory requisite for persons convicted of sex offences, to carry an ID card branded with the words ‘Sex Offender’, declared unconstitutional | Detailed Report

Supreme Court of Louisiana: While determining the constitutionality of statutory requisite under La. R.S. 40:1321(J) and La. R.S. 15:542.1.4(C) that, persons convicted

Case Briefs Foreign Courts

SL CoA | Writ Court cannot monitor criminal investigations as a Magistrate; Court dismisses appeal in the Easter Sunday Terror Attack case hinting re-arrest in case of discovery of new evidence

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Mahinda Samayawardhena and Arjuna Obeyesekere, JJ., while

Case Briefs Foreign Courts

SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Judge Bench of Priyantha Jayawardena, Vijith K. Malalgoda and Murdu

Case Briefs Foreign Courts

SCOTUS | Providing dissimilar treatment for men and women who are similarly situated cannot stand in the face of Fourteenth Amendment and the Equal Protection Clause: Court while construing provisions of Idaho Code

Supreme Court of the United States (SCOTUS): A Full Judge Bench of Warren E. Burger, C.J. and Lewis F. Powell, Jr., Harry

Case Briefs Foreign Courts

SCOTUS | Obergefell v. Hodges Ruling credited with the creation of ‘Right to Same-Sex Marriage’ in USA, heavily criticized for its “ruinous consequence for religious liberty”

Supreme Court of the United States (SCOTUS): While denying the issuance of the writ of certiorari as prayed by Kim Davis, a

Case Briefs Foreign Courts

SCOTUS | South Carolina’s witness signature rule for absentee ballots temporarily reinstated

Supreme Court of The United States (SCOTUS): In a crucial decision before the upcoming Presidential Elections in the USA, the SCOTUS temporarily

Case Briefs Foreign Courts

SL SC | S. 31 B (5) of Industrial Disputes Act does not debar from maintaining application to Labour Tribunal against termination of services and to file fundamental rights application to SC simultaneously

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Jayantha Jayasuriya, CJ and Murdu N.B. Fernando and

Case Briefs Foreign Courts

Mother cannot be deprived of her child’s custody on the ground of difference in faith; Court embarks on rights of guardian in nurture in absence of father

Lord Campbell, CJ., while deciding the custody of child allowed the Writ of Habeas Corpus, marking significant observations on ‘guardian of nurture’

Case Briefs Foreign Courts

SL SC | Preliminary objection overruled, no provision requiring the filing of objections in an appeal; Court allows appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Priyantha Jayawardena, PC, Murdu N.B. Fernando, PC, and

Case Briefs Foreign Courts

[Manslaughter v. Murder] English Law on Envy, Malice and Hatred

Lord Kelyng, J., while distinguishing the offence of manslaughter from murder, held the accused guilty for the offence of murder acknowledging the

SCC Blog

Foreign Courts

“Virginity tests are invasive, offensive, and discriminatory and blatantly violate the dignity of a woman” – Justice Ayesha A. Malik || Detailed Report

UK SC | Amid the controversies surrounding the environmental impact of constructing a third runway at Heathrow Airport, SC discusses the fundamentals of “Government Policy” || Detailed Report

“Even in a pandemic, the Constitution cannot be forgotten”- In a split decision, SCOTUS upholds First Amendment guarantee of religious liberty and bars restrictions on religious services in New York

SL CoA | Respect for rule of law is the foundation of Constitution, settlement of IDPs who were displaced due to war in Sri Lanka needs to be done keeping in mind rule of law; Court partly allows appeal

SCOTUS | A way of life that is odd or even erratic but interferes with no rights or interests of others is not to be condemned because it is different; Exemption upheld

Actor Johnny Depp’s libel action against The Sun newspapers dismissed | Detailed Report

SL SC | Police officers expected by virtue of colour of their uniform to be more accountable in their duty than an ordinary citizen of country; Fundamental Right under Art. 11 found to be violated while in custody

SCOTUS gives a sharp critique to the Fifth Circuit Court for venturing into an “uncertain area of Tort law, especially when it has implications for First Amendment Rights” without seeking guidance from the Louisiana Supreme Court

UK SC | Can damages be recovered for “consequences” of having committed a crime during a serious psychotic episode? Detailed Report

SCOTUS grants request by Alabama election officials to allow them to ban curbside voting | Detailed Report

Louisiana’s statutory requisite for persons convicted of sex offences, to carry an ID card branded with the words ‘Sex Offender’, declared unconstitutional | Detailed Report

SL CoA | Writ Court cannot monitor criminal investigations as a Magistrate; Court dismisses appeal in the Easter Sunday Terror Attack case hinting re-arrest in case of discovery of new evidence

SL SC | Translation of judgment can’t be obtained if you are not a party or Attorney-at-Law to the related case under Art. 24(3) of Constitution; Court rejects motion

SCOTUS | Providing dissimilar treatment for men and women who are similarly situated cannot stand in the face of Fourteenth Amendment and the Equal Protection Clause: Court while construing provisions of Idaho Code

SCOTUS | Obergefell v. Hodges Ruling credited with the creation of ‘Right to Same-Sex Marriage’ in USA, heavily criticized for its “ruinous consequence for religious liberty”

SCOTUS | South Carolina’s witness signature rule for absentee ballots temporarily reinstated

SL SC | S. 31 B (5) of Industrial Disputes Act does not debar from maintaining application to Labour Tribunal against termination of services and to file fundamental rights application to SC simultaneously

Mother cannot be deprived of her child’s custody on the ground of difference in faith; Court embarks on rights of guardian in nurture in absence of father

SL SC | Preliminary objection overruled, no provision requiring the filing of objections in an appeal; Court allows appeal

[Manslaughter v. Murder] English Law on Envy, Malice and Hatred

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Consumer Protection Act, 2019: A Primer

Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

NCDRC | “Discontinue unfair trade practice of arbitrarily imposing additional cost of carry bags at payment counter”: Read NCDRC’s full discussion on Consumer Rights in Big Bazaar matter

2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent

Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020

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Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020

Know Thy Judge | Justice S. Abdul Nazeer

Bom HC | Can a transgender contest election from a seat reserved for women candidate? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”

Call for Submissions| MNLU-A Comparative Law e-Newsletter [Volume-I, Issue-IV]

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