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Foreign Courts

Case BriefsForeign Courts

SL CoA | Application of writ should be filed without delay; Court dismisses appeal stating delay was without a valid reason

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: A Division Bench of Vasantha Kodagoda and Arjuna Obeyesekere, JJ., dismissed

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Published on January 22, 2020January 22, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | When servitude of right of way becomes attached to a land, it passes to the new owners of the land even if it is not mentioned in the deeds

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J., dismissed an appeal filed against the judgment of

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Published on January 15, 2020January 22, 2020By Bhumika Indulia
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Canada SC
Case BriefsForeign Courts

Canada SC | Person born in Canada to a couple who were undercover Russian spies held to be a Canadian citizen 

Supreme Court of Canada: A Full Bench of Wagner, CJ. and Moldaver, Grason, Cote, Brown, Rowe and Martin, JJ. is pertaining to

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Published on January 15, 2020January 22, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Sole testimony of prosecutrix found reliable enough for a trial judge to act; Court dismisses appeal against conviction

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

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Published on January 14, 2020February 14, 2020By Bhumika Indulia
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Canada SC
Case BriefsForeign Courts

SC of Canada | Provisions infringing “Right to Vote” of temporary citizens unconstitutional

Supreme Court of Canada: The appeal was before Wagner C.J. and Moldaver, Karakatsanis, Gascon, Côté, Brown and Rowe JJ. The combined effect

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Published on January 9, 2020January 10, 2020By Bhumika Indulia
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Canada SC
Case BriefsForeign Courts

Canada SC | Companies are responsible for the cost of complying with environmental orders, not the government

Supreme Court of Canada: A Full Bench of Abella, Moldaver, Karakatsanis, Côté, Brown, Rowe and Martin, JJ. allowed the present appeal. In

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Published on January 9, 2020January 22, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Submission based on the conduct of others does not substantiate appellant’s position; Court dismisses appeal

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

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Published on January 8, 2020January 8, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Defence of ‘grave and sudden provocation’ not available where provocation emanates from accused himself

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, Prasanna Jayawardena and L.T.B. Dehideniya, JJ.,

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Published on January 6, 2020January 22, 2020By Bhumika Indulia
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Case BriefsForeign Courts

HK HC | Hong Kong Anti-Government Protests | Face mask ban imposed by government, using colonial-era emergency laws declared unconstitutional

Hong Kong High Court: A Division Bench of Godfrey Lam and Anderson Chow, JJ. was hearing applications of judicial review seeking to

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Published on January 3, 2020January 3, 2020By Bhumika Indulia
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Case BriefsForeign Courts

UK SC | Bank held liable for the breach of Quincecare duty of care towards its customer company – first successful claim for such a breach

Supreme Court of the United Kingdom: A Full Bench of Lady Hale (President), Lord Reed (Deputy President), Lord Lloyd Jones, Lord Sales,

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Published on January 2, 2020January 8, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Where there is a variation between description and extent in a deed, description will prevail

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Prasanna Jayawardena, L.T.B. Dehideniya and S. Thurairaja, JJ.,

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Published on January 1, 2020January 1, 2020By Bhumika Indulia
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Case BriefsForeign Courts

UK SC | Reasonableness is always fact-specific and decisions based on similar factual circumstances are not decisive

Supreme Court of the United Kingdom: A Full Bench of Lord Briggs (President), Lord Carnwath, Lord Hodge, Lord Wilson and Lady Arden,

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Published on January 1, 2020January 3, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Acts causing loss to State property especially at their institution cannot be pardoned or condoned; Reduction of sentence refused

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, P. Padman Surasena and S. Thurairaja,

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Published on December 31, 2019January 8, 2020By Bhumika Indulia
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Case BriefsForeign Courts

Islamabad Special Court | Former President and Chief of Army Staff of Pakistan Pervez Musharraf sentenced to death for ‘high treason’

Islamabad Special Court: A Full Bench of Waqar Ahmed Seth, Nazar Akbar and Shahid Karim, JJ.  sentenced Former President Pervez Musharraf of

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Published on December 31, 2019December 31, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Courtesy begets courtesy; Court refuses application relating to the violation of Fundamental Rights

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Buwaneka Aluwihare, L.T.B. Dehideniya and Murdu N.B.Fernando, JJ.,

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Published on December 30, 2019December 30, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | No relief against dispossession by bona fide purchaser where vendor fails to show retention of beneficial interest

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira J. de Abrew, L.T.B. Dehideniya and Murdu

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Published on December 30, 2019January 3, 2020By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Termination of employee justified where he did not act with full honesty; Court allows appeal by employer

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of Sisira J. de Abrew, Murdu N.B. Fernando and

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Published on December 27, 2019December 27, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Court finds Fundamental Rights of deceased violated while in police custody; State directed to pay 1 million rupees

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of L.T.B. Dehideniya, Murdu N.B. Fernando and S. Thurairaja,

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Published on December 26, 2019January 2, 2020By Bhumika Indulia
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Case BriefsForeign Courts

UK SC | Welfare of child is paramount consideration in a custody battle – Israeli nationals’ daughter allowed to be retained with her mother in England for child’s welfare

Supreme Court of the United Kingdom: A Full Bench of Lord Wilson, Lord Hodge, Lady Black, Lord Kitchin and Lord Sales upheld

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Published on December 25, 2019January 2, 2020By Bhumika Indulia
1 Comment2229 views
Case BriefsForeign Courts

Zimbabwe HC | Navtej Singh Johar case relied on with regard to reaffirming of transgender rights – compensation granted to illegally detained transgender

Zimbabwe High Court: Bere J. awarded compensation to a transgender woman against whom the charge of criminal nuisance was framed under Section

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Published on December 24, 2019December 24, 2019By Bhumika Indulia
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