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Foreign Courts

Case BriefsForeign Courts

SA HC | Officers of court not to allow personal interest to conflict client’s interest

High Court of South Africa, Eastern Cape Division: This application was filed before a Single Judge Bench of M Makaula, J., for

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Published on December 26, 2018February 1, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Mandatory for Court to give death penalty on commission of offence of aggravated robbery

Supreme Court of Zambia: This appeal was filed before a 3-Judge Bench comprising of Hamaundu, Kajimanga and Chinyama, JJS., where trial court

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Published on December 25, 2018January 16, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Interim measure suspending alleged person from practicing as attorney passed pending disciplinary enquiry

Supreme Court of Appeal of South Africa: This appeal was filed before a 5-Judge Bench comprising of Zondi, JA.; Navsa ADP., Mbha,

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Published on December 25, 2018December 25, 2018By Bhumika Indulia
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Case BriefsForeign Courts

Sri Lanka Supreme Court rules overnight dissolution of Parliament as unconstitutional

“Rule of Law dictates that every act that is not sanctioned by the law and every act that violates the law be

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Published on December 24, 2018January 4, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Conviction for rape renders liability for punishment under Section 51 (2) of the Minimum Sentences Act 

Supreme Court of Appeal of South Africa: This appeal was filed before a 5-Judge Bench comprising of Tshiqi, Swain and Dambuza, JJA.,

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Published on December 21, 2018January 16, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Application for business rescue proceedings does not terminate the office of provisional liquidators

Supreme Court of Appeal of South Africa: This appeal was filed before a 5-Judge Bench comprising of Seriti, Cachalia, Molemela and Schippers,

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Published on December 20, 2018December 20, 2018By Bhumika Indulia
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Case BriefsForeign Courts

Exception raised to particulars of claim cannot succeed where the cause of action disclosed

High Court of South Africa, Western Cape Division: In this case before a Single Judge Bench of K M Savage, J., defendant

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Published on December 19, 2018December 19, 2018By Bhumika Indulia
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Case BriefsForeign Courts

An expression even if hurtful to people’s feelings or downright offensive is protected under Section 16(1) of Constitution of South Africa

Supreme Court of Appeal of South Africa: This appeal was filed before a 5-Judge Bench of Dambuza, JA., Lewis, Wallis and Zondi,

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Published on December 18, 2018January 5, 2019By Bhumika Indulia
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Case BriefsForeign Courts

UK Court allows Vijay Mallya’s extradition to India; dismisses plea regarding lack of fair trial stating “do not accept that Courts in India are there to do what politicians tell them to do”

Westminster Magistrates’ Court: A Single Judge Bench comprising of Senior District Judge (the Chief Magistrate) Emma Arbuthnot accepted the Government of India’s

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Published on December 13, 2018January 4, 2019By Bhumika Indulia
1 Comment3356 views
Case BriefsForeign Courts

Not applying brake to avoid vehicle getting skid into traffic is not contributory negligence

High Court of South Africa, Eastern Cape Division: Plaintiff had approached this court before a Single Judge Bench of E. Revelas, J.,

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Published on December 13, 2018December 13, 2018By Bhumika Indulia
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Case BriefsForeign Courts

60 years of punishment a “Methuselah” sentence, contrary to the objective of sentencing i.e. rehabilitation

High Court of South Africa, Kwazulu-Natal Division: This appeal was filed before a 3-Judge Bench comprising of Henriques, Lopes, and D Pillay,

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Published on November 29, 2018November 29, 2018By Bhumika Indulia
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Case BriefsForeign Courts

Personal circumstances such as accused being primary caregiver to children considered a mitigating factor while awarding sentence

High Court of South Africa, Kwazulu-Natal Division: A Single Judge Bench of Mbatha, J., mitigated sentence to accused alleged for the offence

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Published on November 28, 2018November 28, 2018By Bhumika Indulia
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Case BriefsForeign Courts

Amended Section 2 of the South African Citizenship Act, 1995 not to be applied retrospectively; citizenship by birth granted: South Africa HC

High Court of South Africa, Western Cape Division: This application was brought before N.P. Boqwana, J., seeking an order to declare DPB

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Published on November 21, 2018January 4, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Enquiry in terms of Section 105-A (9) Criminal Procedure Act, 1977 not a post-sentence procedure; appeal upheld: HC of South Africa

High Court of South Africa, Western Cape Division:  This appeal was filed before a 2-Judge Bench comprising of J I Cloete and

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Published on November 19, 2018January 4, 2019By Bhumika Indulia
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Case BriefsForeign Courts

UK SC | Financially independent means “not financially dependent upon the state”; financial dependence cannot discredit the immigration status

United Kingdom Supreme Court: A Five Judge Bench comprising of Lord Wilson, Lord Carnwath, Lord Hughes, Lady Black and Lord Lloyd-Jones, JJ.

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Published on November 17, 2018January 28, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Minor convicted and sentenced as a major, prejudice caused; matter remitted back for sentencing under Child Justice Act, 2008

South Africa High Court, Western Cape Division: Two matters came for review before a 2-Judge Bench comprising of DM Thulare AJ; MJ

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Published on November 16, 2018December 28, 2018By Bhumika Indulia
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Case BriefsForeign Courts

SL SC | Prosecution case held to fail as vital factors necessary to complete the chain remain unproved

Supreme Court of the Democratic Socialist Republic of Sri Lanka: A Bench comprising of Eva Wanasundera PC, Buwaneka Aluwihare, PC, and Prasanna Jayawardena

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Published on November 15, 2018January 28, 2019By Bhumika Indulia
Leave a comment2744 views
Canada SC
Case BriefsForeign Courts

Refusal of witness to answer questions not fatal to conviction of accused in the presence of incriminating evidence on record

Supreme Court of Canada: A five-judge Bench comprising of Wagner CJ and Abella, Côté, Rowe and Martin , JJ. while hearing Crown’s

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Published on November 15, 2018December 28, 2018By Bhumika Indulia
Leave a comment3286 views
Canada SC
Case BriefsForeign Courts

Doctrine of ‘duty to consult’ indigenous people not applicable to legislative action, amounts to trespass on the legislature’s domain

Supreme Court of Canada: A Nine-Judge Bench comprising of Wagner C.J., and Abella, Moldaver, Karakatsanis, Gascon, Côté, Brown, Rowe and Martin, JJ.

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Published on November 14, 2018January 4, 2019By Bhumika Indulia
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Case BriefsForeign Courts

Rule 49(xii)(a) of the Rules made under Co-operative Societies Law declared intra vires the rule making power of Minister

Court of Appeal of Sri Lanka: A 2-Judge Bench comprising of K.K. Wickremasinghe and Janak De Silva, JJ. dealt with an appeal

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Published on November 13, 2018December 28, 2018By Bhumika Indulia
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