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Foreign Courts

Case BriefsForeign Courts

UK SC | Planning permission cannot be granted if “material consideration” is not in accordance with development plan and indicates otherwise

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

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Published on December 19, 2019December 26, 2019By Bhumika Indulia
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Case BriefsForeign 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

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

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Published on December 10, 2019December 12, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on December 9, 2019December 9, 2019By Bhumika Indulia
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Case BriefsForeign 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.,

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Published on December 5, 2019December 25, 2019By Bhumika Indulia
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Case BriefsForeign 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,

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Published on December 4, 2019December 9, 2019By Bhumika Indulia
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Case BriefsForeign 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.

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Published on December 3, 2019December 12, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on December 2, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 30, 2019November 30, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 30, 2019December 12, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 28, 2019December 12, 2019By Bhumika Indulia
1 Comment2828 views
Case BriefsForeign 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.

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Published on November 26, 2019December 5, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 25, 2019November 25, 2019By Bhumika Indulia
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Case BriefsForeign 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.

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Published on November 22, 2019November 22, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 21, 2019November 21, 2019By Bhumika Indulia
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Case BriefsForeign 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,

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Published on November 20, 2019November 25, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 16, 2019November 16, 2019By Bhumika Indulia
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Case BriefsForeign 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

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Published on November 8, 2019November 8, 2019By Bhumika Indulia
Leave a comment2319 views
Case BriefsForeign 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

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Published on November 8, 2019November 8, 2019By Bhumika Indulia
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Case BriefsForeign 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,

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Published on November 7, 2019November 13, 2019By Bhumika Indulia
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Case BriefsForeign 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.,

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Published on November 6, 2019November 6, 2019By Bhumika Indulia
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