Foreign Courts Archives

UK SC | Court has jurisdiction to grant equitable relief from forfeiture of rights to make specific use of neighbouring land granted in a perpetual licence

United Kingdom Supreme Court: A Full Bench of Lord Carnwath, Lady Black, Lord Briggs, Lady Arden and Lord Kitchin, JJ. dismissed the

Case Briefs Foreign Courts

SA HC | Islamic Marriages are not recognised as valid marriages in terms of Marriage Act and therefore a decree of divorce cannot be granted

South Africa High Court, Kwazulu-Natal Division: Bezuidenhout, J. while adjourning the application sine die granted the applicant leave to amend her papers

Case Briefs Foreign Courts

SL CoA | Expert opinion is material evidence; case needs to be established beyond reasonable doubt; Court allows appeal setting aside conviction of murder accused

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of K.K. Wickremasinghe and K. Priyantha Fernando, JJ.,

Case Briefs Foreign Courts

UK SC | Compensation of £2 million awarded to inventor of glucose testing kit, holding that patent covering technology was of “outstanding benefit” to his employer

Supreme Court of United Kingdom: Full Bench of Lady Hale (President), Lord Reed (Deputy President), Lord Hodge, Lady Black and Lord Kitchin,

Case Briefs Foreign Courts

SL SC | Legal representative has the right to continue the suit but he cannot claim anything for which the original plaintiff was not entitled

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Full Bench of Buwaneka Aluwihare, Vijith K. Malalgoda, and S. Thurairaja, JJ.

Case Briefs Foreign Courts

SL SC | Conviction set aside due to unsatisfactory nature of evidence not sufficient to uphold conviction

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Jayantha Jayasuriya, PC, CJ and Priyantha Jayawardena, PC, and

Case Briefs Foreign Courts

Malaysia CoA | New owner cannot claim entitlement to double rental on the basis of a tenancy agreement with previous owner

Malaysia Court of Appeal: A Full Bench of Hamid Sultan Bin Abu Backer, Hanipah Binti Farikullah, Kamaludin Bin Md Said, JCA overturned

Case Briefs Foreign Courts

Pak SC | Non-issuance of notice to the address not on record invalid ground for ignorance; Court dismisses the petition

Pakistan Supreme Court: A Full Bench of Gulzar Ahmed, Faisal Arab, Sajjad Ali Shah, JJ., dismissed the petition filed under Order 21

Case Briefs Foreign Courts

Malaysia CoA | Thai national sentenced to death penalty for drug trafficking by invoking statutory presumption under Dangerous Drugs Act, 1952

Malaysia Court of Appeal: A Full Bench of Kamardin Hashim, Hanipah Farikullah, Mohamad Zabidin Mohd Diah, JCA dismissed the appeal filed by

Case Briefs Foreign Courts

UK SC | Employment Rights Act, 1966 should be read and given effect so as to extend its whistle blowing protection to the holders of judicial office

United Kingdom Supreme Court: A Full Bench of Lady Hale (President), Lord Kerr, Lord Carnwath, Lady Arden and Sir Declan Morgan, JJ.

Case Briefs Foreign Courts

SL SC | Appeal against conviction for misappropriation dismissed on grounds of proof beyond reasonable doubt

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

SL SC | Maintenance criteria can be altered depending on change in circumstances; Court dismisses the appeal

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Buwaneka Aluwihare, PC J., Vijith K. Malalgoda, PC J. and Murdu N.

Case Briefs Foreign Courts

SL SC | Mandatory for the Judge to analyse evidence to find if the ingredients are proved beyond doubt; SC allows the appeal

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

Case Briefs Foreign Courts

SL SC | Reasonable basis required in order to reverse the findings of the trial court; SC sets aside judgment of the HC

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Vijith K. Malalgoda PC J and L.T.B. Dehideniya and P. Padman Surasena,

Case Briefs Foreign Courts

SA HC | Arrest without warrant on reasonable suspicion supplants the claim for compensation for unlawful arrest and malicious prosecution

South Africa High Court, Eastern Cape Local Division: M.S. Jolwana, J. held that even if the plaintiff is arrested and spends some

Case Briefs Foreign Courts

SL CoA | Right of way by prescriptive user for using the disputed site for past 20 years upheld

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: The Bench of A.L. Shiran Gooneratne and Mahinda Samayawardhena, JJ., dismissed

Case Briefs Foreign Courts

SA HC | Essence of robbery is that violence must be intended to induce submission to the taking of the property

South Africa High Court, Kwazulu-Natal Division: The Division Bench of Lopes and Radebe, JJ. while allowing the appeal reduced the sentence for

Case Briefs Foreign Courts

SL CoA | Appellate Court not to interfere with findings of Trial Judge who has a better opportunity of observing demeanor and deportment of witnesses

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of K. K. Wickremasinghe and K. Priyantha Fernando,

Case Briefs Foreign Courts

SL SC | Candidate directed to be admitted to the school; fundamental rights guaranteed under Art. 12(1) of Constitution found infringed

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Buwaneka Aluwihare PC J., and P. Padman Surasena and E.A.G.R Amarasekara, JJ.,

Case Briefs Foreign Courts

ECHR | Public interest supersedes liturgical needs of religious community encroaching on public sphere

European Court of Human Rights (ECHR): A Three- Judge Bench of Krzysztof Wojtyczek (President) and Armen Harutyunyan, Pere Pastor Vilanova dismissed the

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Foreign Courts

UK SC | Court has jurisdiction to grant equitable relief from forfeiture of rights to make specific use of neighbouring land granted in a perpetual licence

SA HC | Islamic Marriages are not recognised as valid marriages in terms of Marriage Act and therefore a decree of divorce cannot be granted

SL CoA | Expert opinion is material evidence; case needs to be established beyond reasonable doubt; Court allows appeal setting aside conviction of murder accused

SL SC | Legal representative has the right to continue the suit but he cannot claim anything for which the original plaintiff was not entitled

SL SC | Conviction set aside due to unsatisfactory nature of evidence not sufficient to uphold conviction

Malaysia CoA | New owner cannot claim entitlement to double rental on the basis of a tenancy agreement with previous owner

Pak SC | Non-issuance of notice to the address not on record invalid ground for ignorance; Court dismisses the petition

Malaysia CoA | Thai national sentenced to death penalty for drug trafficking by invoking statutory presumption under Dangerous Drugs Act, 1952

UK SC | Employment Rights Act, 1966 should be read and given effect so as to extend its whistle blowing protection to the holders of judicial office

SL SC | Appeal against conviction for misappropriation dismissed on grounds of proof beyond reasonable doubt

SL SC | Maintenance criteria can be altered depending on change in circumstances; Court dismisses the appeal

SL SC | Mandatory for the Judge to analyse evidence to find if the ingredients are proved beyond doubt; SC allows the appeal

SL SC | Reasonable basis required in order to reverse the findings of the trial court; SC sets aside judgment of the HC

SA HC | Arrest without warrant on reasonable suspicion supplants the claim for compensation for unlawful arrest and malicious prosecution

SL CoA | Right of way by prescriptive user for using the disputed site for past 20 years upheld

SA HC | Essence of robbery is that violence must be intended to induce submission to the taking of the property

SL CoA | Appellate Court not to interfere with findings of Trial Judge who has a better opportunity of observing demeanor and deportment of witnesses

SL SC | Candidate directed to be admitted to the school; fundamental rights guaranteed under Art. 12(1) of Constitution found infringed

ECHR | Public interest supersedes liturgical needs of religious community encroaching on public sphere

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Bom HC | Dishonour of a cheque issued as a mere guarantee does not attract punishment under S. 138 NI Act

Bom HC | Plaintiff protecting possession of immovable property need not prove title to it where suit filed on the basis of settled exclusive possession

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Madras HC | Order of compulsory retirement is neither a punishment nor a stigma and principles of natural justice have no role play in ordering compulsory retirement

Del HC | Passport authority cannot rely on S. 6 of Passport Act for refusing to renew passport

Bom HC | Dishonour of a cheque issued as a mere guarantee does not attract punishment under S. 138 NI Act