International Courts Archives

Is there any legal basis in Antigua and Barbuda for imposition of suspended sentences? Read in regards to imposition of sentence for sexual intercourse offence with a girl below 14 years

Eastern Caribbean Supreme Court, In the Court of Appeal: The Bench of Davidson Kelvin Baptiste (Justice of Appeal), Mde. Gertel Thom (Justice

Case Briefs International Courts

“Penalising Silence”, insider trading suspect can refuse to answer incriminating questions; European Court of Justice upholds right to silence

European Court of Justice: The Grand Chamber presided by K. Lenaerts, President, addressed the reference question concerning interpretation of Articles 47 and

Case Briefs International Courts

Norwegian Data Protection Authority issues fine on an organisation for unlawfully setting up automatic forwarding of an employee’s e-mails

The Norwegian Data Protection Authority has fined an organization EUR 40 000 (NOK 400,000) for unlawfully setting up automatic forwarding of an

Case Briefs International Courts

13 years later, ECHR holds Russia responsible for human rights violations in the “August War” of 2008 with Georgia || Detailed Report

European Court of Human Rights (Grand Chamber): In its judgment delivered on 21st January, the Grand Chamber of ECHR, after detailed deliberation

Case Briefs International Courts

Laws which criminalise “being a vagabond or homeless” are contrary to the African Charter of Human and People’s Rights

African Court on Human and People’s Rights: While deliberating upon a request for Advisory Opinion filed by the Pan African Lawyers Union

Case Briefs International Courts

CCJ | Whether an application seeking to challenge the maintainability of ‘substantive appeal’ is itself maintainable or not? Court determines

Caribbean Court of Justice (CCJ): A Full Bench of J Wit, M. Rajnauth-Lee and P. Jamadar JJ. dismissed the application for special

Case Briefs International Courts

EU-US Privacy Shield declared invalid for not providing adequate data protection of European citizens from US surveillance activities

Sucheta Sarkar, Editorial Assistant has put this story together

Case Briefs International Courts

ICJ rules in the interest of Qatar over its airspace dispute against the Gulf Nations

International Court of Justice (ICJ):With an overwhelming majority of 15:1, the ICJ rejected the appeal filed by Bahrain, Egypt, Saudi Arabia and

Case Briefs International Courts

Enrica Lexie Incident| Italy must compensate India for loss of life and material damage; however India is precluded from exercising its criminal jurisdiction over Italian marines involved in the incident

Permanent Court of Arbitration: In an unanimous decision by the Arbitral Tribunal concerning the “Enrica Lexie Incident”, it was held that Italy

Case Briefs International Courts

ECHR | Flash mobs are “peaceful assembly” of people; staging demonstration without prior authorisation does not necessarily justify interfering with a person’s right to freedom of assembly

European Court of Human Rights (ECHR): A Seven Judge Bench of Paul Lemmens (President), Georgios A. Serghides, Helen Keller, Dmitry Dedov, María

Case Briefs International Courts

ITLOS | Tribunal accedes to the request of Mauritius and Maldives to form a special chamber of 9 judges to deal with dispute concerning delimitation of their maritime boundary in the Indian Ocean

International Tribunal for the Law of the Sea: Jin-Hyun Paik (President) having regard to Article 15 of the Statute of the Tribunal

Case Briefs International Courts

ECHR | Holocaust denial not protected by European Convention on Human Rights; interference with rights under Arts. 10 & 6 must be examined in context of special moral responsibility

European Court of Human Rights: The Seven-Judge Bench comprising of Yonko Grozev (President), Angelika Nußberger, André Potocki, Síofra O’Leary, M?rti?š Mits, Gabriele

Case Briefs International Courts

WIPO | Philip Morris USA wins right over disputed domain name registered with ‘GoDaddy.com’ as it was confusingly similar to their trademark and was being used in bad faith

World Intellectual Property Organization: M. Scott Donahey (Panelist) transferred the disputed domain names to Philip Morris USA Inc. as these were confusingly

International Courts News

Eastern Caribbean Supreme Court unveils –Sentencing Guidelines for Public Consultation

The rule of law can only be maintained and strengthened by ensuring public confidence in the transparency and consistency of judicial approach.

Case Briefs International Courts

[India v. Pakistan] ICJ | Pakistan ordered to review and reconsider Jadhav’s conviction and sentence; consular access granted to India [Full Report]

International Court of Justice (ICJ), Hague, Netherlands: A 16-Member Bench comprising of President Yusuf; Vice-President Xue; Judges Tomka, Abraham, Bennouna ,Cancado Trindade,

Case Briefs International Courts

Euro Patent Office | Ex-post facto analysis with benefit of hindsight knowledge of invention not a correct approach to decide patent application

Boards of Appeal of the European Patent Office: A Bench of B. Stolz, Chairman and M.R. Vega Laso and J. Geschwind, members allowed

Case Briefs International Courts

Law of the Sea | Italy to compensate USD 285,000 to Panama for causing loss of its M/V Norstar in breach of Art. 87 of UN Convention on Law of the Sea

International Tribunal for the Law of the Sea: In the battle between Panama and Italy concerning Panama’s claim for compensation regarding loss of

Case Briefs International Courts

ECJ | Austrian legislation grating certain employees a day’s holiday on Good Friday held detrimental to other employees

European Court of Justice (ECJ): The Bench comprising of K. Lenaerts, President; R. Silva de Lapuerta, Vice-President; J.C. Bonichot, A. Arabadjiev, A. Prechal, C. Toader and C. Lycourgos (Rapporteur),

Case Briefs International Courts

ECHR | Conviction for demonstrating obscene sculpture in front of Prosecutor General’s Office held to be disproportionate

European Court of Human Rights: The Seven-Judge Bench comprising of Robert Spano, President; Paul Lemmens, Ledi Bianku, Julia Laffranque, Valeriu Gritco, Stephanie

Case Briefs International Courts

“Taste” of food not objectively classifiable as “work” and therefore not copyrightable: ECHR

European Court of Human Rights (The Grand Chamber): The Bench comprising of K. Lenaerts (President), R. Silva de Lapuerta (Vice President), J.-C.

SCC Blog

International Courts

Is there any legal basis in Antigua and Barbuda for imposition of suspended sentences? Read in regards to imposition of sentence for sexual intercourse offence with a girl below 14 years

“Penalising Silence”, insider trading suspect can refuse to answer incriminating questions; European Court of Justice upholds right to silence

Norwegian Data Protection Authority issues fine on an organisation for unlawfully setting up automatic forwarding of an employee’s e-mails

13 years later, ECHR holds Russia responsible for human rights violations in the “August War” of 2008 with Georgia || Detailed Report

Laws which criminalise “being a vagabond or homeless” are contrary to the African Charter of Human and People’s Rights

CCJ | Whether an application seeking to challenge the maintainability of ‘substantive appeal’ is itself maintainable or not? Court determines

EU-US Privacy Shield declared invalid for not providing adequate data protection of European citizens from US surveillance activities

ICJ rules in the interest of Qatar over its airspace dispute against the Gulf Nations

Enrica Lexie Incident| Italy must compensate India for loss of life and material damage; however India is precluded from exercising its criminal jurisdiction over Italian marines involved in the incident

ECHR | Flash mobs are “peaceful assembly” of people; staging demonstration without prior authorisation does not necessarily justify interfering with a person’s right to freedom of assembly

ITLOS | Tribunal accedes to the request of Mauritius and Maldives to form a special chamber of 9 judges to deal with dispute concerning delimitation of their maritime boundary in the Indian Ocean

ECHR | Holocaust denial not protected by European Convention on Human Rights; interference with rights under Arts. 10 & 6 must be examined in context of special moral responsibility

WIPO | Philip Morris USA wins right over disputed domain name registered with ‘GoDaddy.com’ as it was confusingly similar to their trademark and was being used in bad faith

Eastern Caribbean Supreme Court unveils –Sentencing Guidelines for Public Consultation

[India v. Pakistan] ICJ | Pakistan ordered to review and reconsider Jadhav’s conviction and sentence; consular access granted to India [Full Report]

Euro Patent Office | Ex-post facto analysis with benefit of hindsight knowledge of invention not a correct approach to decide patent application

Law of the Sea | Italy to compensate USD 285,000 to Panama for causing loss of its M/V Norstar in breach of Art. 87 of UN Convention on Law of the Sea

ECJ | Austrian legislation grating certain employees a day’s holiday on Good Friday held detrimental to other employees

ECHR | Conviction for demonstrating obscene sculpture in front of Prosecutor General’s Office held to be disproportionate

“Taste” of food not objectively classifiable as “work” and therefore not copyrightable: ECHR

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Madras HC | If wife issues a cheque to discharge husband’s liability and it gets dishonoured, can the wife be prosecuted under S. 138 NI Act? HC answers

Madras HC | Husband and Wife living separately for past 13 years. Can cooling-off period under S. 13-B of Hindu Marriage Act, 1955 be waived off, if sought mutually ? Read on

Madras HC | Husband and Wife lived separately for 7 long years, marriage dissolved by family court on ‘cruelty’ ground. Read HC’s decision on challenge to Family Court’s decision

De codification of Section 102 CrPC: Can police freeze “bank account & money” during an investigation under Section 102?

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

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AFT | “We don’t agree that there is no stress and strain of service in military stations located in peace areas” Tribunal grants disability pension for hypertension

Chh HC | Power under S. 156(3) of the CrPC warrants application of judicial mind and it has to be supported by an affidavit

Madras HC | If wife issues a cheque to discharge husband’s liability and it gets dishonoured, can the wife be prosecuted under S. 138 NI Act? HC answers

Decriminalisation of Cheque Dishonour: A Step Forward

Defamation, a tort

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