Foreign Courts Archives

SA HC | Nelson Mandela Bay Municipality not obligated to resolve applicant’s written objection as latter failed to demonstrate it as right

South Africa High Court, Eastern Cape Local Division, Port Elizabeth: G.H. Bloem, J. while dismissing the application suggested an alternative remedy to

Case Briefs Foreign Courts

Canada SC | Class Action Suit against Pioneer upheld; limitation period extended on ground that people could lose right to sue before even knowing that they were harmed

Supreme Court of Canada: The Coram of Wagner C.J. and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin JJ. while allowing

Case Briefs Foreign Courts

SL CoA | Court cannot decide against a person who is not a party to the suit; Payment of fine did not give authority to Plaintiff to continue to violate the conditions of the permit in suit for declaration, appeal allowed

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. contemplated an appeal against the judgment passed by

Case Briefs Foreign Courts

UK SC | Prime Minister’s advice for “Prorogation of Parliament” declared unlawful

Supreme Court of the United Kingdom: The 11-Judge Bench of Lady Hale (President) and Lord Reed (Deputy President), Lord Kerr, Lord Wilson,

Case Briefs Foreign Courts

SL CoA | If words are unambiguous, Court shall give effect to plain words of the Statute; Sinhala text prevailed over English text in a case of inconsistency

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

Case Briefs Foreign Courts

SL CoA | Decision of Inspector General of Police held within the powers vested in him; dismissal of petitioner on grounds of misconduct upheld

Court of Appeal of Sri Lanka: Application under Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka was

Case Briefs Foreign Courts

SA HC | In regard to future loss of earnings where method of actuarial computation is adopted, a Judge has a large discretion to award damages

South Africa High Court, Free State Division, Bloemfontein: V.M. Morobane, AJ. adopted the method of actuarial computation while awarding compensation to the

Case Briefs Foreign Courts

CoA SL | Petitioner bound by admission of guilt made by counsel; held, permissible to withdraw admissions on questions of law but not on fact

Court of Appeal of Sri Lanka: Janak De Silva and Bandula Karunarathna, JJ. entertained a writ petition where gold pieces were confiscated

Case Briefs Foreign Courts

CoA SL | Anonymous communication, should be acted upon and should be verified to commence an investigation under Bribery Act; held, provision should be provided for protection of whistle blowers

Court of Appeal of Sri Lanka: KK. Wickremasinghe and K.Priyantha Fernando, JJ. contemplated an appeal against the judgment of High Court related

Case Briefs Foreign Courts

Canada SC | Prior sexual conduct of complainant must not be admitted as evidence, as it may affect jury’s ability to assess other evidence correctly

Supreme Court of Canada: A Full Bench of Wagner, CJ. and Abella, Moldaver, Karakatsanis, Côté, Brown and Rowe, JJ. dismissed an appeal

Case Briefs Foreign Courts

UK CA | Secretary of State obliged to follow due procedure to assess violation of international humanitarian law while granting export licence for sale of arms

United Kingdom Court of Appeal (Civil Division): A 3-judge Bench of Sir Terence Etherton MR, Lord Justice Stephen Irwin and Lord Justice

Case Briefs Foreign Courts

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,

SCC Blog

Foreign Courts

SA HC | Nelson Mandela Bay Municipality not obligated to resolve applicant’s written objection as latter failed to demonstrate it as right

Canada SC | Class Action Suit against Pioneer upheld; limitation period extended on ground that people could lose right to sue before even knowing that they were harmed

SL CoA | Court cannot decide against a person who is not a party to the suit; Payment of fine did not give authority to Plaintiff to continue to violate the conditions of the permit in suit for declaration, appeal allowed

UK SC | Prime Minister’s advice for “Prorogation of Parliament” declared unlawful

SL CoA | If words are unambiguous, Court shall give effect to plain words of the Statute; Sinhala text prevailed over English text in a case of inconsistency

SL CoA | Decision of Inspector General of Police held within the powers vested in him; dismissal of petitioner on grounds of misconduct upheld

SA HC | In regard to future loss of earnings where method of actuarial computation is adopted, a Judge has a large discretion to award damages

CoA SL | Petitioner bound by admission of guilt made by counsel; held, permissible to withdraw admissions on questions of law but not on fact

CoA SL | Anonymous communication, should be acted upon and should be verified to commence an investigation under Bribery Act; held, provision should be provided for protection of whistle blowers

Canada SC | Prior sexual conduct of complainant must not be admitted as evidence, as it may affect jury’s ability to assess other evidence correctly

UK CA | Secretary of State obliged to follow due procedure to assess violation of international humanitarian law while granting export licence for sale of arms

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

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