Foreign Courts Archives

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

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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

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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

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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

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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,

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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,

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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.

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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

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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

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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

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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

Case Briefs Foreign Courts

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