Foreign Courts Archives

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,

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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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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

Case Briefs Foreign Courts

SA HC | Granting amendment to particulars of claim against the Compensation Law which prohibits any action by employee for recovery of damages not justified

South Africa High Court, Eastern Cape Local Division, Port Elizabeth: S.M. Mbenenge, JP, granted leave to appeal under Section 17(2)(a) of the

Case Briefs Foreign Courts

UK HC | India’s claim to 1 Mn Pounds held by Pakistan through their High Commissioner in UK on trust for Nizam VII and his successors in title, upheld

The High Court of Justice: Marcus Smith J., dismissed Pakistan’s claim over a sum of £1,007,940 deposited in 1948 by the government

Case Briefs Foreign Courts

SL SC | Unequal application of law is not necessarily denial of equal protection; petition dismissed for failure to show element of intentional and purposeful discrimination

Supreme Court of the Democratic Socialist Republic of Sri Lanka: Buwaneka Aluwihare, and Prasanna Jayawardena PC, JJ., while dismissing an application observed

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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

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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

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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

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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