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Showing posts with label INTERNATIONAL JUDGMENT. Show all posts
Showing posts with label INTERNATIONAL JUDGMENT. Show all posts
Tuesday, 28 March 2017

Whether Indian court should refuse to execute foreign decree due to practical difficulties?

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 It is to the reciprocal advantage of the Courts of all nations to enforce foreign rights as far as practicable. To this end, broad recog...

Whether Indian court can execute foreign decree for interest on costs?

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 In re Issue No. 5 — It is the case of the appellant that the claim for interest on costs is not recognized in the Indian law. It is to be ...

When a judgment is considered as judgment on merits?

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  The appellant contends that the order of the English Court is not given on merits and that it falls under Section 13(c) of the CPC as a...
Wednesday, 1 June 2016

UK High Court's Judgment on Modern Perspective of Donatio Mortis Causa

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There are three requirements to constitute a valid DMC. They are: i) Donor contemplates his impending death. ii) Donor makes a gi...
Tuesday, 24 May 2016

England and Wales Court of Appeal (Civil Division) Decision on defamation

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Thus, the judge referred to the frequently cited summary of the law by Sir Anthony Clarke MR in  Jeynes v News Magazine Limited  [2008] ...
Thursday, 21 April 2016

UK High court allows paternity test for DNA disease analysis

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Spencer v Anderson (Paternity Testing)  [2016] EWHC 851 (Fam) –  read judgment A fascinating case in the Family Division throws up a n...
Thursday, 14 April 2016

Judgment of US District court on motion for a Negative Inference Based upon Plaintiff’s Alleged Deletion of Emails

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As noted above in the context of the Defendants’ motion in limine seeking a negative inference regarding the alleged destruction of evi...
Saturday, 9 April 2016

Judgment of Supreme Court Of Queensland on interpretation of will

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The principles of construction governing the approach to be taken by the court on an application such as this are of long-standing. The ...
Thursday, 7 April 2016

UK Supreme court Judgment on vicarious liability of prison authorities for torts of prisoners

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The fact that the prison service, and the operators of contracted-out prisons, are under a statutory duty to provide prisoners with usef...
Wednesday, 2 December 2015

When architects are liable to pay damages for their professional negligence?

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Regarding the duty of an architect Windeyer J said in Voli v Inglewood Shire Council (1963) 110 CLR 74 at 84: An architect undertaking ...
Sunday, 15 February 2015

Whether Passive smoking in prison is breach of human rights of prisoner?

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Smith, R (on the application of v Secretary of State for Justice and G4S UK Ltd   [2014] EWCA Civ 380 –  read judgment This case rais...

Whether Police is liable for negligence to victim of domestic violence?

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Michael and others (Appellants) v The Chief Constable of South Wales Police and another (Respondents) [2015] UKSC 2 – read judgment T...

Whether DNA sample taken for criminal purposes can be used for paternity test?

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X & Anor v Z (Children) & Anor [2015] EWCA Civ 34 –  read judgment The Court of Appeal has ruled that it would not be lawful ...
Saturday, 27 September 2014

Bank should repay undisclosed conversion charges

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Supreme Court of Canada: While maintaining a class action taken against a bank which failed to disclose the conversion charges in its ca...
Friday, 15 August 2014

Whether child sex abuse expert's testimony is admissible in evidence?

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People v. Diaz 20 N.Y.3d 569 New York Court of Appeals Decided on: March 26, 2013 Prior False Claims Made By Complainant Held T...