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Foreign Courts

Case BriefsForeign Courts

SL CoA | Decision of Provincial High Court reversing order of ejectment by Magistrate’s Court set aside

Court of Appeal of Sri Lanka: In this appeal validity of the order of the Provincial High Court of the Central Province

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Published on February 4, 2019March 1, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SA HC | Minor sentenced to imprisonment as a last resort under the Child Justice Act, 2008 for robbery, kidnapping and rape

High Court of South Africa, Eastern Cape Local Division: This case was filed before a Bench of G.G. Goosen, J. where Court

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Published on January 31, 2019January 31, 2019By Bhumika Indulia
1 Comment2748 views
Case BriefsForeign Courts

SL CoA | Person claiming prescriptive title against rightful owner has a heavy burden to prove all requirements prescribed in S. 3 of Prescription Ordinance

Court of Appeal of Sri Lanka: The Bench of Mahinda Samayawardhena, J. dismissed the appeal of the plaintiff seeking a declaration of

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Published on January 30, 2019March 14, 2019By Bhumika Indulia
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Supreme Court of The United States
Case BriefsForeign Courts

SCOTUS | “Secret sales” can invalidate a patent; petitioner denied patent rights over an invention which was available to public use prior to patent

Supreme Court of the United States: In order to craft a federal patent system that encourages the creation and disclosure of new

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Published on January 29, 2019March 1, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Correctness of HS Code for ‘thalsukiri’ (palm sugar) yet to be decided; order based on incorrect HS Code quashed

Court of Appeal of Sri Lanka: This appeal was filed before a Bench of Mahinda Samayawardhena, J., to quash an order where

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Published on January 25, 2019January 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Pak SC | Writ against Pakistan Olympic Association and its officials not maintainable as the Association does not perform ‘public functions’ 

Supreme Court of Pakistan: The three-judge Bench of Mian Saqib Nisar, Ijaz Ul Ahsan and Sajjad Ali Shah, JJ. hearing a civil

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Published on January 24, 2019January 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

SL CoA | Burden of proof with claimant to show lawful possession for proving prescriptive title to land

Court of Appeal of Sri Lanka: This appeal was filed before a Bench of Mahinda Samayawardhena, J., for ejectment of defendants from

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Published on January 24, 2019January 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Namibia SC | Extending liability to State for mala fide conduct of judicial officer may create far worse mischief than not extending it

Supreme Court of Namibia: The Three-Judge Bench of Shivute, CJ., Frank, AJ and Damaseb, DCJ. (dissenting), stated that making the State liable

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Published on January 24, 2019January 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Pak SC | Adjudication by jirgas/ panchayats posing as courts in tribal areas declared illegal; Reliance placed on SC of India’s rulings on khap panchayats

“When in the name of preservation of tradition these jirgas/panchayats assume the powers of a pillar of the State, i.e. the judiciary,

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Published on January 23, 2019January 23, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Mau IC | SC can direct Presiding Magistrate to designate another magistrate to hear evidence on appropriate sentence

Mauritius Intermediate Court: The Bench of B.R. Jannoo- Jaunbocus, set aside the motion of the defendant in relation to the protection of

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Published on January 22, 2019January 22, 2019By Bhumika Indulia
Leave a comment2394 views
Case BriefsForeign Courts

Pak SC | OUP (Pakistan) entitled to tax exemption under Cl. 86 of Income Tax Ordinance; holds judgment by SC of India in OUP India case wrong

Supreme Court of Pakistan: The Three-Judge Bench of Umar Ata Bandial, Munib Akhtar and Yahya Afridi, JJ. set aside the judgment of

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Published on January 21, 2019January 21, 2019By Bhumika Indulia
Leave a comment2946 views
Case BriefsForeign Courts

UK SC | Personal liberty cannot be impinged by Community Treatment Order

Supreme Court of United Kingdom:  A five-Judge bench comprising Lady Hale, Lord Kerr, Lord Wilson, Lord Black, Lord Lloyd Jones, JJ. disposed

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Published on January 19, 2019January 21, 2019By Bhumika Indulia
Leave a comment2088 views
Supreme Court of The United States
Case BriefsForeign Courts

SCOTUS | Court cannot override the arbitrability clause in a contract

Supreme Court of the United States: The appeal lies before the Bench of Kavanaugh, J. The facts of the case were such

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Published on January 18, 2019February 1, 2019By Bhumika Indulia
Leave a comment2754 views
Case BriefsForeign Courts

Pak SC | Overpopulation a ‘ticking bomb’ diffusion of which calls for responsible parenthood behaviors by promoting 2 child policy

Supreme Court of Pakistan: The Bench of HCJ Mian Saqib Nisar and Faisal Arab and Ijaz Ul Ahsan, JJ. stated that population

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Published on January 18, 2019January 18, 2019By Bhumika Indulia
Leave a comment2199 views
Supreme Court of The United States
Case BriefsForeign Courts

SCOTUS | Burglary in mobile structures for overnight accommodation included in ‘burglary’ under Armed Career Criminal Act

Supreme Court of the United States:  This appeal was filed before the Bench of Breyer, J. The case involved two defendants who

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Published on January 17, 2019February 1, 2019By Bhumika Indulia
Leave a comment1839 views
Case BriefsForeign Courts

Singapore HC | Welfare of child to be considered before public policy; Court allows adoption by same-sex couple

Singapore High Court (Family Division): A Three-Judge Bench comprising of Sundaresh Menon, CJ.,  Judith Prakash, JA., and  Debbie Ong, J., allowed an

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Published on January 17, 2019January 21, 2019By Bhumika Indulia
Leave a comment2530 views
Case BriefsForeign Courts

Pak SC | Reconstitution of Bench by CJ ousting brother Judge in open court unwarranted and unprecedented

“Any effort to muffle disagreement or to silence dissent or to dampen an alternative viewpoint of a member on the Bench, would

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Published on January 16, 2019February 1, 2019By Bhumika Indulia
Leave a comment2584 views
Case BriefsForeign Courts

SL CA | No appeal preferred against an action wrongly decided renders the matter with same cause of action as res judicata

Sri Lanka Court of Appeal: This appeal was filed before a 2-Judge Bench comprising of A.H.M.D. Nawaz and E.A.G.R. Amarasekara, JJ. Facts

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Published on January 10, 2019January 11, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Eswatini HC | Long period of imprisonment not in interest of justice, youthfulness of accused considered while sentencing

Eswatini High Court: This matter was brought before a Bench of M. Langwenya, J. for judgment on sentence. Facts of the case

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Published on January 9, 2019January 15, 2019By Bhumika Indulia
Leave a comment2159 views
Case BriefsForeign Courts

Pakistan anti-corruption court sentences former PM Nawaz Sharif to seven years rigorous imprisonment for owning disproportionate assets

Judge Accountability Court- II, Islamabad: A Single Judge Bench comprising of Muhammad Arshad Malik, J. sentenced former Pakistan Prime Minister Nawaz Sharif

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Published on December 28, 2018December 28, 2018By Bhumika Indulia
Leave a comment2904 views

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