Foreign Courts Archives

Euthanasia – Canadian perspective

By Vidya Sagar

High Court of Australia upholds indefinite detention of asylum seekers in a foreign country

High Court of Australia: Rejecting the challenge to the constitutionality of the offshore processing system, the High Court in a landmark judgment

Case Briefs Foreign Courts

‘Habitual residence’ must be interpreted in a way that it corresponds to the place which reflects some degree of integration by the child in a social and family environment

Supreme Court of United Kingdom– Deciding on an important issue with regard to the point at which habitual residence of the child

Case Briefs Foreign Courts

Constitutionality of 7(1) (a) of the Criminal Procedure Act, 1977, differentiating between juristic person and natural person, upheld

Supreme Court of South Africa: While deciding upon the constitutionality of Section 7(1) (a) of the Criminal Procedure Act, 1977 insofar as

Case Briefs Foreign Courts

Four month extension to the suspension on the invalidity of Sections 241(b) and 14, dealing with physician- assisted euthanasia, granted

Supreme Court of Canada: While deliberating upon the question that whether the Court should grant six-month extension to the suspension on the

Case Briefs Foreign Courts

Florida’s capital sentencing scheme violates the Sixth Amendment

Supreme Court of United States- Holding the Florida’s capital sentencing scheme as unconstitutional, the Court with the ratio of 8:1 held that

Case Briefs Foreign Courts

Horse race is a ‘game’ for the purposes of offence of cheating at play, discussed

Supreme Court of Canada: While deliberating upon the question that whether horse racing can be considered a ‘game’ as defined under Section

Case Briefs Foreign Courts

Enterprise is subject to merger control if the capacity to perform the activities as part of the same business subsists, observed

Supreme Court of United Kingdom– Allowing the appeal by the Competition and Markets Authority wherein the issue was whether Groupe Eurotunnel SE

Case Briefs Foreign Courts

Failure to wear a seatbelt constitutes contributory negligence

High Court of Australia: In the instant case, the respondent sustained serious spinal injuries which rendered her paraplegic, when she was thrown

Case Briefs Foreign Courts

Test for residency for refugees, loosened on humanitarian grounds

Supreme Court of Canada: While deciding on serious issue relating refugee rights the Court observed that, the Tamil teenager who fled the

Case Briefs Foreign Courts

Proper Purpose rule is concerned with abuse of power, by doing acts which are within its scope but done for an improper reason

Supreme Court of United Kingdom– Deciding on an appeal wherein the respondent perceived that it had become the target of a so-called

Case Briefs Foreign Courts

Power of detention conferred on the executive of the Northern Territory is not penal or punitive in character

Australia High Court: While dismissing an application for a declaration that Division 4AA of Pt VII of the Police Administration Act (NT)

Case Briefs Foreign Courts

Seeking reformation in manmade religious law is not blasphemy

Supreme Court of Pakistan: While upholding the conviction and sentence of the appellant in the high profile assassination of Salman Taseer, the

Case Briefs Foreign Courts

Unjust enrichment can be proved by establishing a sufficient nexus between the loss and the benefit so received

Supreme Court of United Kingdom– Deciding on an appeal in a case concerning unjust enrichment and subrogation, the Court with the majority

Case Briefs Foreign Courts

Right to counsel guarantees ‘reasonable competence’ and not ‘perfect advocacy’

Supreme Court of United States– Reversing the judgment of the Court of Appeals for Maryland that the defense attorney of the respondent

Case Briefs Foreign Courts

Biotech invention through which vulnerability to cancer can be detected held to be non-patentable

High Court of Australia: In a pivotal issue relating to claim of patent of isolated nucleic acid coding for BRCA1 protein with

Foreign Courts

Directions given for the implementation of Urdu as the official language of Pakistan

Supreme Court of Pakistan: Deciding upon the present Constitution petition concerning the issue of implementation of Article 251 of the Constitution of

Foreign Courts

Solitary confinement of prisoners for extended periods ruled as unlawful

Supreme Court of United Kingdom: Deciding on appeals wherein the issues were whether the decisions to keep the appellant prisoners in solitary confinement

Foreign Courts

Constitution of Islamic Republic of Pakistan contains certain ‘salient features’ that cannot be contravened by the Parliament through amendment

Pakistan Supreme Court: The 17 Judge Bench of the Court constituted under Nasir-ul-Mulk, C.J., while deciding that whether there are any limitations

Foreign Courts

Application of settlement criterion is a breach of rights under Article 14 of ECHR read with Article 2 of First Protocol

Supreme Court of United Kingdom– Deciding on whether the lawful residence criterion or settlement criterion breaches the appellant’s right to education under