Basic Structure Doctrine Applicable In Kenya: Kenyan Court Of Appeals Holds Constitutional Amendment Bill 2020 Unconstitutional

The Kenya Court of Appeals, in a landmark judgment delivered on Friday, held that the 'basic structure doctrine' is applicable in Kenya.The basic structure of the Constitution can only be altered through the Primary Constituent Power which must include four sequential processes namely: civic education; public participation and collation of views; Constituent Assembly debate; and ultimately,...

Pakistan Supreme Court Takes Cognizance Of Attack On A Hindu Temple In Rahim Yar Khan City

The Supreme Court of Pakistan has taken a suo motu cognizance of the attack on a Hindu temple (of Lord Ganesha) in village Bhong of Rahim Yar Khan in Pakistan. The Supreme Court of Pakistan has issued a press statement in this regard which states that Member of National Assembly and Patron in Chief of Pakistan Hindu Council Dr. Ramesh Kumar called on the Chief Justice of Pakistan Mr....

Nepal Supreme Court Constitution Bench Reinstates Dissolved House Of Representatives

The Supreme Court of Nepal (Constitution Bench) today reinstated the dissolved House of Representatives for the second time in nearly five months. The Chief Justice-led five-member Constitution Bench has also ordered the appointment of Nepali Congress President Sher Bahadur Deuba as the Prime Minister within two days.Nepal's Supreme Court [Constitution Bench] reinstates dissolved House...

George Floyd Murder: Ex-Police Officer Derek Chauvin Sentenced To 22.5 Years In Prison

Former Minneapolis police officer Derek Chauvin has been sentenced to 22 and a half years (270 months) in prison on Friday for the murder of African American George Floyd and the sentence in this regard was delivered by Judge Peter A. Cahill of Hennepin County District Court. George Floyd was killed last year while getting arrested by the police in Minneapolis, Minnesota on May 25th,...

Right To Life Is The Mother Of All Rights: Malawi Supreme Court Holds Death Penalty Unconstitutional

The Malawi Supreme Court of Appeal has declared that the death penalty is unconstitutional."The essence of the right to life is life itself-the sanctity of life. The right to life is the mother of all rights. Without the right to life other rights do not exist. The death penalty not only negates, it abolishes the right.", the Court (8:1) observed in its judgment.The court observed thus...

Google v. Oracle : Perspectives on Copyright, Fair Use and Industry Implications

On 5th April 2021 the United States Supreme Court (USSC) finally delivered its verdict on the most keenly watched copyright dispute of this century. USSC's 6-2 decision is a big win for Google as it overturned the 2018 decision of Court of Appeals for the Federal Circuit which decided in favour of Oracle. USSC held that Google's use of the Java Application Program Interface was a fair use as...

Google's Copying Of Oracle's Java SE API Was 'Fair Use', Holds US Supreme Court

Putting an end to a decade long copyright battle between Google and Oracle, the Supreme Court of United States, held that Google's copying of the Java SE API was a fair use of that material.The court (6:2) noted that the API included only those lines of code that were needed to allow programmers to put their accrued talents to work in a new and transformative program.Oracle had sued Google...

Recording Sexual History Of Rape Victim By Carrying Out "Two-finger Test" Or "Virginity Test" Unconstitutional: Pakistan Supreme Court

The Supreme Court of Pakistan observed that recording sexual history of the victim by carrying out "two-finger test" (TFT) or the "virginity test" is unconstitutional.Dragging sexual history of the rape survivor into the case by making observations about her body including observations like "the vagina admits two fingers easily" or "old ruptured hymen" is an affront to the reputation and...

Uber Drivers Are 'Workers'; Not Independent Contractors : United Kingdom Supreme Court

The United Kingdom Supreme Court held on Friday that Uber drivers are "workers" for the purposes of employment legislation which gives "workers" rights to be paid at least the national minimum wage, to receive annual paid leave and to benefit from certain other protectionsThe seven judges of the Supreme Court unanimously dismissed the argument of Uber company that the drivers should...

Surveillance Of Private Communications Limits Right To Privacy: South Africa Constitutional Court Holds Its Surveillance Law Unconstitutional

Surveillance of private communications limits the right to privacy, the Constitutional Court of South Africa observed while holding that the Regulation of Interception of Communications and Provision of Communication-Related Information Act, 2002 RICA) is unconstitutional.The Court upheld declaration of unconstitutionality by the High Court to the extent that the RICA fails to— (a) provide...

Daniel Pearl Kidnap & Murder: Pakistan Supreme Court Acquits Accused; Orders Their Release

The Supreme Court of Pakistan has acquitted the accused in Daniel Pearl Kidnap and Murder case and ordered their release.The majority of 2 to 1 upheld the Sindh High Court order acquitting the accused and also allowed the appeal filed by Ahmed Omer Shaikh against his conviction under section 362 of Pakistan Penal Code. Justice Mushir Alam authored the Majority order in which it is stated that...

US Executes 52 Year Old Lisa Montgomery, First Female Death Row Convict In Over 70 Years

Lisa Montgomery, a 52 year old woman, was executed on Wednesday by lethal injection after the US Supreme Court denied the application of stay of execution. Montgomery, the only woman on the death row, was the first woman to be executed by the US government in over 7 decades. It is however pertinent to note that the she was one of the three death row convicts who were scheduled to...