Foreign Courts Archives

Abuse of process and denial of justice: Only two grounds for refusing a stay in cases of an EJC clause

Supreme Court of Singapore: A Five Judge Bench comprising of Sundaresh Menon, CJ., Andrew Phan Boon Leong, Judith Prakash, Tay Yong Kwang,

Case Briefs Foreign Courts

High Court’s order to forfeit entire property to State set aside by Supreme Court of Appeal of South Africa

Supreme Court of Appeal of South Africa: An appeal was filed against the order of Northern Cape Division of the High Court,

Case Briefs Foreign Courts

Pakistan Supreme Court holds mining lease to be movable property; dismisses appeal for not raising territorial jurisdiction objections before trial court at the earliest

Supreme Court of Pakistan: A Division bench comprising of Mushir Alam and Sajjad Ali Shah, JJ. while hearing a civil petition for

Case Briefs Foreign Courts

Stay on court proceedings in presence of an arbitration clause can be granted to either of the parties to arbitration only

Supreme Court of Singapore: A Single Judge Bench of Choo Han Teck, J., dismissed appeals filed against the order of the Assistant

Case Briefs Foreign Courts

Mens rea immaterial in determining liability for the offence of “scandalizing contempt” under the provisions of Administration of Justice (Protection) Act, 2016

Supreme Court of Singapore: A Single Judge Bench of Woo Bih Li, J., allowed the summons filed by the petitioner, whereby petitioner

Case Briefs Foreign Courts

High Court acted incorrectly by misconceiving the nature of case and cause of action: SC of Sri Lanka

Supreme Court of Sri Lanka: A 3-Judge Bench comprising of S. Eva Wanasundera, Vijith K. Malalgoda, PCJ. and H.N.J. Perera, J., upheld

Case Briefs Foreign Courts

‘Duty to care’ covers the duty to not provide misleading information which may foreseeably cause physical injury

United Kingdom Supreme Court: A five-judge bench comprising of Lady Hale, Lord Reed, Lord Kerr, Lord Hodge, and Lord Lloyd-Jones while hearing

Case Briefs Foreign Courts

Judge need not write extensively if “context and record” make clear that Judge had “a reasoned basis” for reducing petitioner’s sentence: SCOTUS

Supreme Court of The United States: A Nine-Judge Bench comprising of CJ Roberts, Breyer, Thomas, Ginsburg and Alito, JJ., and for the

Case Briefs Foreign Courts

Shareholder when presented as “shareholder” means he is party in litigation in his personal capacity

Constitutional Court of South Africa: A Single Judge Bench comprising of Mogoeng, CJ. Dlodlo, Goliath, Petse, AJ, Froneman, Jafta, Khampepe, Madlanga, and

Case Briefs Foreign Courts

Private use of cannabis declared as matter of right to privacy under Section 14 of the Constitution of Republic of South Africa

Constitutional Court of South Africa: A 10-Judge Bench comprising of Zondo, ACJ., Cameron, Froneman, Jafta, Madlanga, Mhlantla, Theron, JJ., Kathree-Setiloane, Kollapen, Zondi,

Case Briefs Foreign Courts

Proceedings not rendered unfair just because applicability of Minimum Sentences Act, 1997 not indicated in charge-sheet: Constitutional Court of South Africa

Constitutional Court of South Africa: A 10-Judge Bench comprising of CJ Mogoeng and Cachalia, Dlodlo, Goliath, Petse, AJ., Froneman, Jafta, Khampepe, Madlanga,

Case Briefs Foreign Courts

A broadcaster/producer in addition to broadcasting license can also acquire a distribution license: Pakistan Supreme Court

Pakistan Supreme Court: The bidders who were successful in winning the bid challenged the impugned order passed by High Court, Lahore before

Case Briefs Foreign Courts

Settlement Agreement set aside by virtue of which office of National Director of Public Prosecutions was vacated

Constitutional Court of South Africa: Bench comprising of Cachalia, Dlodlo, Goliath and Petse, AJ., Froneman, Jafta, Khampepe, Madlanga, and Theron, JJ., confirmed

Case Briefs Foreign Courts

Stating legal regime for rescission of default judgment not required: Eswatini High Court

Eswatini High Court: A Single Judge Bench comprising of T.M. Mlangeni, J., granted an application for rescission of default judgment. This matter

Case Briefs Foreign Courts

Defaulting party needs to satisfy the Court on grounds of default on his part; appeal against ex-parte order dismissed

Court of Appeal of the Democratic Socialist Republic of SriLanka: A Single Judge Bench comprising of M.M.A. Gafoor, J. dismissed an appeal against

Case Briefs Foreign Courts

Section 20 of the Children Act, 1989 does not bar the parents from objecting or removing children from foster replacements

United Kingdom Supreme Court: The 6-Judge Bench comprising of Lady Hale, President, Lord Kerr, Lord Wilson, Lord Carnwath and Lady Black addressed

Case Briefs Foreign Courts

SCC Times

Foreign Courts

Abuse of process and denial of justice: Only two grounds for refusing a stay in cases of an EJC clause

High Court’s order to forfeit entire property to State set aside by Supreme Court of Appeal of South Africa

Pakistan Supreme Court holds mining lease to be movable property; dismisses appeal for not raising territorial jurisdiction objections before trial court at the earliest

Stay on court proceedings in presence of an arbitration clause can be granted to either of the parties to arbitration only

Mens rea immaterial in determining liability for the offence of “scandalizing contempt” under the provisions of Administration of Justice (Protection) Act, 2016

High Court acted incorrectly by misconceiving the nature of case and cause of action: SC of Sri Lanka

‘Duty to care’ covers the duty to not provide misleading information which may foreseeably cause physical injury

Judge need not write extensively if “context and record” make clear that Judge had “a reasoned basis” for reducing petitioner’s sentence: SCOTUS

Shareholder when presented as “shareholder” means he is party in litigation in his personal capacity

Private use of cannabis declared as matter of right to privacy under Section 14 of the Constitution of Republic of South Africa

Proceedings not rendered unfair just because applicability of Minimum Sentences Act, 1997 not indicated in charge-sheet: Constitutional Court of South Africa

A broadcaster/producer in addition to broadcasting license can also acquire a distribution license: Pakistan Supreme Court

Settlement Agreement set aside by virtue of which office of National Director of Public Prosecutions was vacated

Stating legal regime for rescission of default judgment not required: Eswatini High Court

Defaulting party needs to satisfy the Court on grounds of default on his part; appeal against ex-parte order dismissed

Section 20 of the Children Act, 1989 does not bar the parents from objecting or removing children from foster replacements

US SC imposes restrictions on collection of mobile phone data pinpointing the past location of criminal suspects

Breaking| Former Prime Minister Nawaz Sharif sentenced to 10 years in jail in ‘Avenfield’ corruption case

Breaking| UK High Court issues enforcement order against Mallya’s UK assets

Denial of breath sample especially on occurrence of accident causing death amounts to criminal offence: SC of Canada