Foreign Courts Archives | Page 17 of 31

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,

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Pak SC | Acquittal in a criminal case, carries a presumption of innocence with it and should be reversed only when finding blatantly perverse

Pakistan Supreme Court: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. allowed the

Case Briefs Foreign Courts

Kenya HC | Anti-homosexuality law upheld: Decriminalization of same-sex relations held to be a threat to institution of marriage protected under Constitution of Kenya

Kenya of High Court, Nairobi: A Full Bench of Roselyne Aburili, E.C. Mwita and John M. Mativo, JJ. dismissed a petition regarding

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Malaysia CoA | Information received from an accused person in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved

Malaysia Court of Appeal: A Full Bench of Mohtarudin Baki, Ahmadi Haji Asnawi, Abdul Rahman Sebli, JCA dismissed an appeal made against

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Pak SC | Identification of many accused persons in one line in one go during a test identification parade held to be improper

Supreme Court of Pakistan: A Division Bench of Asif Saeed Khan Khosa, C.J. and Syed Mansoor Ali Shah, J. in the current

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SL SC | Appeal is not fresh suit but continuation of original proceeding; Right to sue held to survive in heir in suit for malicious prosecution

Supreme Court of the Democratic Socialist Republic of Sri Lanka: An Application for leave to appeal under and in terms of Article

Case Briefs Foreign Courts

Pak SC | Confessional statements ought to be carefully scrutinized – Magistrate must communicate all the relevant warnings to accused

Pakistan Supreme Court: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah, Qazi Muhammad Amin Ahmed, JJ. allowed a criminal

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Canada SC | Class action lawsuit filed against a religious congregation and its institution for sexual abuse of children, several years after incident, held maintainable

Supreme Court of Canada: A 9-judge Bench of Wagner, CJ and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ. heard

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SA HC | ‘Plascon-Evans Rule’ could not resolve the disputed facts; application referred to trial

South Africa High Court, Free State Division, Bloemfontein: V.M. Morobane, AJ. referred the application to trial as the facts were not capable

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Pak SC | Dying Declaration: Exception to direct rule of evidence – requires demonstration of no extraneous prompting by anyone to declarant

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Syed Mansoor Ali Shah and Qazi Muhammad Amin Ahmed, JJ. set

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UK | Libel action against a newspaper filed only on the basis of an article’s headline – not maintainable: ‘Bane and antidote’ must be taken together

High Court of Justice Queen’s Bench Division Media and Communications List: Warby, J. dismissed a claim for initiating action for libel against

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SL CoA | Public authority vested with discretion cannot act in total disregard of the purpose for which such discretion is vested in it

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: M.M.A. Gaffoor, J. allowed a land owner’s application seeking mandamus for

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SL CoA | Prerogative writs not to be issued as a matter of routine or right; party entitled to relief not granted any, as Court’s discretion is subjective

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. contemplated an application which was contended to be

Case Briefs Foreign Courts

SL CoA | Mere allotment of parking area by competent authority of Railways is a private affair; Held, mandamus lies to secure performance of a public duty

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

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Australia | No illegality in order cancelling higher education visa of a student where all circumstances taken into consideration by the Authority

Federal Court of Australia: Collier, J. allowed an appeal against the decision of the Federal Circuit Court in which the primary Judge

Case Briefs Foreign Courts

SA HC | Discernment of a trial court not to be altered unless justified

South Africa High Court, Free State Division, Bloemfontein: A Division Bench of Mathebula and Chesiwe, JJ. dismissed the present appeal against convictions

Case Briefs Foreign Courts

Botswana HC | Colonial-era law criminalizing homosexuality struck down for being ultra vires the Constitution – Reliance placed on SC of India’s judgment in Navtej Singh Johar

“Criminalising consensual same sex in private, between adults is not in the public interest. Such criminalization….disproportionally impacts on the lives and dignity