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Foreign Courts

Case BriefsForeign Courts

Pak SC | Non-compliance with elements of Rule 6 of Narcotic Substances Act, diminishes the reliability and evidentiary value of forensic agency’s report

Pakistan Supreme Court:  A Full Bench of Asif Saeed Khan Khosa, CJ, Mushir Alam and Syed Mansoor Ali Shah, JJ. extended benefit

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Published on June 15, 2019June 27, 2019By Bhumika Indulia
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Canada SC
Case BriefsForeign Courts

Canada SC | Detained immigrant’s application for habeas corpus may be allowed where remedy under Immigration Act is less advantageous to detainee

“Habeas corpus is a fundamental and historic remedy which allows individuals to seek a determination as to the legality of their detention…….

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Published on June 14, 2019June 27, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SA HC | Lesser Sentence from the minimum can be imposed if “substantial and compelling reasons” exist

South Africa High Court, Free State Division, Bloemfontein: The petition for Leave to Appeal was filed before a Division Bench of C.J.

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Published on June 14, 2019June 14, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Candidate must be unmarried for the selection of Asst. Superintendent of Police: Condition not violative of Fundamental Rights

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Full Bench of L.T.B. Dehideniya, S. Thurairaja and E.A.G.R. Amarasekara, JJ.

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Published on June 13, 2019June 20, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Pak SC | No consequential impact of examining merits of a narcotics case when contraband destroyed, and accused not within the Court’s jurisdiction

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

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Published on June 12, 2019July 18, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Pak SC | Anticipatory bail: An extraordinary remedy in criminal law – Person seeking pre-arrest bail must demonstrate malafide intention in arrest

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

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Published on June 6, 2019June 20, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Kenya HC | Conviction on basis of circumstantial evidence can be found only if events form close-knit chain without any breakage or interruption

Kenya High Court, Nyahururu: R.P.V. Wendoh, J. passed a judgment directing acquittal of an accused in the absence of sound circumstantial evidence.

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Published on June 4, 2019June 20, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Appeal of rape convict, based upon ‘mistaken identity’ dismissed while applying ‘Turnbull Principles’

Court of Appeal for the Democratic Socialist Republic of Sri Lanka: A Division Bench of Deepali Wijesundera and Achala Wengappuli, JJ. dismissed

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Published on May 28, 2019May 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Restitutio integrum can only be filed by a party to the action and the person must act in utmost promptness while seeking it

Court of Appeal of the Democratic Socialist Republic of Sri Lanka: Mahinda Samayawardhena, J. dismissed the petition application by the petitioner. In

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Published on May 27, 2019June 6, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Uganda SC | Constitutional Amendment removing age-limit for the President does not violate the Basic Structure

Supreme Court of Uganda: The Full Bench of Katureebe, CJ., Arach-Amoko, Mwangusya, Opio-Aweri, Tibatemwa-Ekirikubinza, and Mugamba, JJ SC; and Tumwesigye, AG JSC

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Published on May 21, 2019July 18, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Pak SC | Interim order of a Tribunal passed without hearing the same on merits, would be believed to have never existed, if the petitioner withdraws the petition

Supreme Court of Pakistan: A Full Bench of Manzoor Ahmad Malik, Sardar Tariq Masood and Syed Mansoor Ali Shah, JJ. allowed a

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Published on May 20, 2019May 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Official Liquidator held to have no locus standi in any claim once the company is voluntary wound up 

Court of Appeal for the Democratic Socialist Republic of Sri Lanka: The petition of a liquidator was entertained by Samayawardhena, J. and

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Published on May 15, 2019May 15, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SA HC | If no material misdirection by the Trial Court found, it is to be presumed to be correct

South Africa High Court, Kwazulu-Natal Division: This appeal was filed before a Division Bench of Gorven, J and Ntshulana, AJ preferred against

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Published on May 13, 2019May 13, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SA HC | Child incapable of understanding the consequence of lying is incompetent witness under S. 164(1) of Criminal Procedure Act, 1977

South Africa High Court, Kwazulu–Natal Division: This appeal was preferred before the Bench of Ploos Van Amstel, J., against the order of

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Published on May 9, 2019May 9, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Pak SC | Khyber Pakhtunkhwa Buildings Act: Statute aimed at restricting out-of-turn allotment of government residential accommodation

Supreme Court of Pakistan: The Three-Judge Bench of Gulzar Ahmed, Faisal Arab and Ijaz Ul Ahsan, JJ. dismissed an appeal filed seeking

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Published on May 3, 2019May 3, 2019By Bhumika Indulia
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Case BriefsForeign Courts

UK SC | Appeal against stay on proceedings claiming damages until conclusion of inquest allowed considering ‘proportionality principle’

Supreme Court of the United Kingdom: A Bench of Lady Hale, President and Lord Reed, Deputy President and Lord Carnwath, Lord Llyoyd-Jones and

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Published on May 3, 2019May 3, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Order finally disposing dispute is a final order, but an order that allows action to go on is an interlocutory order

Court of Appeal for the Democratic Socialist Republic of Sri Lanka: The Bench of M.M.A. Gaffoor, J. dismissed an appeal against an

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Published on May 1, 2019May 1, 2019By Bhumika Indulia
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Case BriefsForeign Courts

UKSC | Not wise to search a Facebook post for its theoretical or logically deducible meaning, defamation case filed on basis of such post dismissed

Supreme Court of the United Kingdom: “He tried to strangle me.” What would those words convey to an ordinary reasonable reader of

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Published on April 29, 2019April 29, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SA HC | Assessing the quantum of the claim not disabled by the amendment of particulars, objection dismissed

High Court of South Africa, Eastern Cape Local Division: This application was filed before G.J. Gajjar, AJ., under Rule 28(4) of the

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Published on April 26, 2019April 26, 2019By Bhumika Indulia
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Canada SC
Case BriefsForeign Courts

Canada SC | ‘Unauthorised’ screen capturing of online communication by Police in undercover operation forms basis of child lurer’s conviction

Supreme Court of Canada: In a very interesting case, a bench of Wagner, CJ and Abella, Moldaver, Karkatsanis, Gascon, Brown and Martin, JJ.

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