Foreign Courts Archives

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

Case Briefs Foreign 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

Case Briefs Foreign 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

Case Briefs Foreign 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.

Case Briefs Foreign 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

Case Briefs Foreign Courts

Determination of the merits of a non-refoulement claim is a matter for the Director and the Board, not for the Court

High Court of The Hong Kong Special Administrative Region: A Bench comprising of Hon Yeung Ag CJHC, Hon Poon and Pang JJA.,

Case Briefs Foreign Courts

Pak SC | Directives to curb the menace of media trial and regulate discussions on sub-judice matters issued

Supreme Court of Pakistan: A Three-Judge Bench comprising of Mian Saqib Nisar, HCJ and Umar Ata Bandial and Ijaz Ul Ahsan, JJ.

Case Briefs Foreign Courts

Delay in pasting of notes of investment in information book does not render the notes unreliable; conviction affirmed

Court of Appeal of Sri Lanka: A Two-Judge Bench comprising of Deepali Wijesundera, and Achala Wengappuli, JJ. affirmed the conviction of appellant

Case Briefs Foreign Courts

Disqualification of a parliamentarian must be based on dishonest concealment of wrongfully acquired assets

Supreme Court of Pakistan: A Three-Judge bench comprising of Umar Ata Bandial, Faisal Arab and Sajjad Ali Shah, JJ. while hearing an

Case Briefs Foreign Courts

Canadian SC holds dismissal of guards by the Speaker of Quebec Legislature to not be immune from external review under the concept of parliamentary privilege

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

Case Briefs Foreign Courts

Appeal against division of property dismissed on claimant’s failure to prove the case: Court of Appeal of Sri Lanka

Court of Appeal of Sri Lanka: An appeal was filed before a Single Judge Bench comprising of M.M.A. Gaffoor, J., against a