Foreign Courts Archives

SA HC | Competence of traffic officer to set up and operate the speed measuring device must be admitted for proving speed limit

South Africa High Court, Free State Division, Bloemfontein: The Division Bench of S. Naidoo, ADJP., and P. Molisoane, J. in this particular

Case Briefs Foreign Courts

SL SC | ‘There is a duty, both to the bank to preserve its fair name and customer whose money lies in deposits’; Termination upheld on grounds of misconduct

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira De Abrew, Prasanna Jayawardena and S. Thurairaja,

Case Briefs Foreign Courts

Malaysia Federal Court | Principle of separation of powers does not apply to invalidate legislative delegation of powers to SAC and the Courts for ascertaining Islamic law

Federal Court of Malaysia: A Full Bench of Richard Malanjum, Ahmad Maarop, Zaharah Ibrahim, David Wong Dak Wah, Ramly Ali, Azahar Mohamed,

Case Briefs Foreign Courts

Canada SC | Evidence obtained against a person in violation of his rights under Canadian Charter of Rights and Freedoms must be excluded from consideration

Supreme Court of Canada: Richard Wagner, CJ. and Michael Moldaver, Andromache Karakatsanis, Russel Brown and Sheilah Martin, JJ. allowed an appeal of

Case Briefs Foreign Courts

US SC | Bladensburg Cross: World War-I Memorial does not violate ‘Establishment Clause’ of the US Constitution – not a religious symbol but a historical landmark

Supreme Court of the United States of America: The Full Court of John J. Roberts, CJ. and Samuel A. Alito, Stephen G.

Case Briefs Foreign Courts

SA HC | Assault with intent to cause grievous bodily harm is not always accompanied by violence; accused not to be sent to correctional facility

South Africa High Court, Free State Division, Bloemfontein: A Division Bench of S. Chesiwe and P.E. Molitsoane, JJ. set aside the order

Case Briefs Foreign Courts

Pak SC | Silence or implausible explanation on part of accused, not a presumption of guilt

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

Case Briefs Foreign Courts

Australia HC | Sperm donor who does more than only providing his semen to facilitate artificial conception – considered as ‘parent’ of child born out of such procedure

High Court of Australia: Kiefel, CJ. and Bell, Gageler, Keane, Nettle, Gordon and Edelman, JJ., allowed an appeal that sought ascertainment that

Case Briefs Foreign Courts

Pak SC | Court lays down “estimator variables” to verify credibility of an eyewitness – holds such verification to be mandatory, after conducting of test identification parade

Supreme Court of Pakistan: A Full Bench of Asif Saeed Khan Khosa, CJ and Sajjad Ali Shah and Syed Mansoor Ali Shah,

Case Briefs Foreign Courts

Pak SC | Acquittal in a criminal case, carries a presumption of innocence with it and should be reversed only when finding blatantly perverse

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

Case Briefs Foreign Courts

Kenya HC | Anti-homosexuality law upheld: Decriminalization of same-sex relations held to be a threat to institution of marriage protected under Constitution of Kenya

Kenya of High Court, Nairobi: A Full Bench of Roselyne Aburili, E.C. Mwita and John M. Mativo, JJ. dismissed a petition regarding

Case Briefs Foreign Courts

Malaysia CoA | Information received from an accused person in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved

Malaysia Court of Appeal: A Full Bench of Mohtarudin Baki, Ahmadi Haji Asnawi, Abdul Rahman Sebli, JCA dismissed an appeal made against

Case Briefs Foreign Courts

Pak SC | Identification of many accused persons in one line in one go during a test identification parade held to be improper

Supreme Court of Pakistan: A Division Bench of Asif Saeed Khan Khosa, C.J. and Syed Mansoor Ali Shah, J. in the current

Case Briefs Foreign Courts

SL SC | Appeal is not fresh suit but continuation of original proceeding; Right to sue held to survive in heir in suit for malicious prosecution

Supreme Court of the Democratic Socialist Republic of Sri Lanka: An Application for leave to appeal under and in terms of Article

Case Briefs Foreign Courts

Pak SC | Confessional statements ought to be carefully scrutinized – Magistrate must communicate all the relevant warnings to accused

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

Case Briefs Foreign Courts

Canada SC | Class action lawsuit filed against a religious congregation and its institution for sexual abuse of children, several years after incident, held maintainable

Supreme Court of Canada: A 9-judge Bench of Wagner, CJ and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ. heard

Case Briefs Foreign Courts

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

SCC Blog

Foreign Courts

SA HC | Competence of traffic officer to set up and operate the speed measuring device must be admitted for proving speed limit

SL SC | ‘There is a duty, both to the bank to preserve its fair name and customer whose money lies in deposits’; Termination upheld on grounds of misconduct

Malaysia Federal Court | Principle of separation of powers does not apply to invalidate legislative delegation of powers to SAC and the Courts for ascertaining Islamic law

Canada SC | Evidence obtained against a person in violation of his rights under Canadian Charter of Rights and Freedoms must be excluded from consideration

US SC | Bladensburg Cross: World War-I Memorial does not violate ‘Establishment Clause’ of the US Constitution – not a religious symbol but a historical landmark

SA HC | Assault with intent to cause grievous bodily harm is not always accompanied by violence; accused not to be sent to correctional facility

Pak SC | Silence or implausible explanation on part of accused, not a presumption of guilt

Australia HC | Sperm donor who does more than only providing his semen to facilitate artificial conception – considered as ‘parent’ of child born out of such procedure

Pak SC | Court lays down “estimator variables” to verify credibility of an eyewitness – holds such verification to be mandatory, after conducting of test identification parade

Pak SC | Acquittal in a criminal case, carries a presumption of innocence with it and should be reversed only when finding blatantly perverse

Kenya HC | Anti-homosexuality law upheld: Decriminalization of same-sex relations held to be a threat to institution of marriage protected under Constitution of Kenya

Malaysia CoA | Information received from an accused person in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved

Pak SC | Identification of many accused persons in one line in one go during a test identification parade held to be improper

SL SC | Appeal is not fresh suit but continuation of original proceeding; Right to sue held to survive in heir in suit for malicious prosecution

Pak SC | Confessional statements ought to be carefully scrutinized – Magistrate must communicate all the relevant warnings to accused

Canada SC | Class action lawsuit filed against a religious congregation and its institution for sexual abuse of children, several years after incident, held maintainable

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

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Del HC | Summons issued under S. 138 NI Act quashed in absence of necessary averments in the complaint

Del HC | Partition suit rejected under Or. 7 R. 11 CPC for want of cause of action in light of General Power of Attorney and Requisition Deed

Plaintiff can take a plea of adverse possession under Article 65 of Limitation Act, 1963: SC

Del HC | Earlier order of maintenance under DV Act is no bar for wife claiming maintenance under S. 24 of Hindu Marriage Act

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Del HC | Earlier order of maintenance under DV Act is no bar for wife claiming maintenance under S. 24 of Hindu Marriage Act

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Gau HC | Ordering custody of child to be given to mother is beyond jurisdiction of S. 97 CrPC, order to be confined to finding of “wrongful confinement”

Mad HC | Third Party has no locus standi to prosecute criminal proceedings; petition by a forum in regard of judicial death of prisoner dismissed

MP HC | Personal problems of public servant to be considered while passing transfer orders