Foreign Courts Archives

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

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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,

Case Briefs Foreign 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

Case Briefs Foreign 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.,

Case Briefs Foreign 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,

Case Briefs Foreign 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

Case Briefs Foreign 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,

Case Briefs Foreign 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

Case Briefs Foreign 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.,

Case Briefs Foreign 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,

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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.

Case Briefs Foreign 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