The case was regarding multiple suo moto orders issued by the Rajasthan High Court to the municipal authorities of the city of Jaipur to clean-up, restore and maintain the city which was plagued with trash, open sewage and polluted water bodies. Specific orders were issued to remove and dispose of the plastic and polyethylene bags …Read more

Petitioner Berishvili requested reimbursement from defendants Rustavi City Hall and LLC “Cultural and Recreational Park” for medical expenses incurred by her son after he was injured in a city park. Petitioner and her son went to the Cultural Recreation Park in Rustavi City. While at the park, a poisonous snake bit her son who required …Read more

The Petitioner, Stamen Filipov, challenged several provisions of the Law on Insurance (the Law), which required owners and the users of motor vehicles, aircrafts, ships, motor powered boats and railway vehicles to conclude insurance contracts. Filipov challenged these compulsory insurance provisions on the basis that they forced parties to conclude contracts they did not agree …Read more

Residents of Ilo, Peru and representatives of deceased Ilo residents brought personal injury claims under the Alien Tort Claims Act (“ATCA”) against Southern Peru Copper Corporation (“SPCC”). SPCC was majority-owned by Asarco, a Delaware corporation with its principal place of business in Peru. Asarco was a wholly-owned subsidiary of Grupo Mexico, S.A. de C.V., a …Read more

A petition was filed by the Smoke Affected Residents’ Forum seeking appropriate directions from the Court for measures to control and reduce auto emissions from vehicles plying in Mumbai. These were with respect to the consumption of unleaded petrol, reduction of sulphur content in diesel oil, issuance of ‘Pollution Under Control’ certificates and ensuring that …Read more

Petitioners filed a writ petition arguing that the environment of Dhaka City and the health of its inhabitants were under threat from the “emissions of hazardous smokes and noises in the air from faulty and unfit motor vehicles lacking road worthiness as required by law.” An investigation conducted by the petitioner and the Executive Committee …Read more

The appellant (Seahawk) tried to import a cargo of frozen cooked shrimps intended for human consumption from Vietnam into the United Kingdom and into the territory of European Union (EU). The defendant (the Health Authority) rejected the cargo from landing at Southampton and subsequently prohibited its entry into the areas of EU, claiming that the …Read more

The case discusses the constitutionality of a statute that denied bail to people accused of rape. Marapo was arrested and charged with rape. Under Section 142(1)(i) of the Botswana Penal Code, he was not entitled to bail before trial. Marapo brought his case to the High Court, arguing that section 142(1)(i) of the Penal Code …Read more

The petitioner challenged as ultra vires the provision requiring motorcyclists to wear protective helmets. The law exempted Sikhs who wear turbans while riding on motorcyclists. The petitioner claimed that this provision violated Article 19(a) of the Constitution, which, inter alia, confers the right on all citizens to practice any profession or to carry on any …Read more

The appellant, H, had a history of sexually violent behavior toward women, and he experienced his first imprisonment and compulsory treatment order in 1998. H had been receiving treatment at the Mason Clinic since prisoners were not permitted outpatient community treatment. In 1999, H completed his prison sentence, but none of his physicians initiated proceedings …Read more

The applicant, a public interest organisation, brought an application in the public interest seeking a declaration that unregulated smoking in public areas is a violation of the constitutional rights of non-smokers to life and to a clean and healthy environment. Article 50(2) of Uganda’s Constitution provides that “[a]ny person or organization may bring an action …Read more

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. The declarations being sought in the motion of Application No. 39/2001 would state that “smoking in a public place constitutes a violation of the rights of the non-smoking members of the public to a clean and healthy environment as prescribed …Read more

Applicant Joseph Eryau made a motion to be heard in opposition to Application No. 39/2001. Of the five declarations proposed in the motion of Application No. 39/2001, all but two were struck down (including those orders which criminalized smoking in public places). The remaining two proposed that “smoking in a public place constitutes a violation …Read more

The three applicants were mental patients held in state hospitals who had been convicted of homicide.  At the time of their convictions, the medical view was that all psychiatric conditions were treatable to an extent.  However, relevant medical knowledge had moved on, and medical advice was now that the conditions of the three applicants were …Read more

The petitioner, Mr. T Ramakrishna Rao, was a member of the A.P. High Court Bar. He wrote a letter dated 13-12-1998 to the Andhra Pradesh High Court. The basis of the letter was a news article titled “A Victim of Urbanisation” published in an english daily, The Indian Express on 28-11-1998. The article highlighted the …Read more

Respondent industry sought to establish a new factory in the State of Andhra Pradesh to produce vegetable oils. The industry purchased land in Peddashpur village, within 10KM of two reservoirs that provided drinking water for 5 million people. In 1988, the Ministry of Forests and Environment established a “red” list of hazardous industries, including industry …Read more

The applicant was a Poland national with sight disability. He was taken by police officers to a sobering-up center as a result of an allegation made by post-office clerks that he was drunk and  disturbed at the post-office after checking his boxes on 5 May 1994. His conditions were recorded and he was assessed as …Read more

Hutchison Reid, the respondent, was convicted of culpable homicide in 1967. He was made the subject of a hospital order and a restriction order without any time limit under the Criminal Procedure (Scotland) Act 1955 (the Criminal Procedure Act). A restriction order under the Criminal Procedure Act could only be made if the person posed …Read more

The applicants are Mrs. Mulkiye Osman and her son Ahmet Osman. Mr. Ali Osman, the husband and father of the applicants, respectively, was shot dead by Mr. Paul Paget-Lewis on 7 March 1988. Mr. Paget-Lewis was a former instructor of Ahmet Osman and had developed a strong attachment to him. Ahmet Osman was also wounded …Read more

Petitioner brought case to force the government of Argentina to take all necessary measures to produce the WHO-certified vaccine for the Argentine Hemorrhagic Fever to ensure the immediate administration of the vaccine to the populations at risk of contracting the virus.  The vaccine had been shown to be 95% effective against the disease.  The project …Read more

Petition stated that no appropriate steps had been taken by the Municipal Board to take custody of the stray dogs roaming in the public roads, despite the Municipal Board’s responsibility to keep the public spaces clean and abate public nuisances. These stray dogs had created a hindrance in public transport and had proved dangerous to …Read more

Applicant was a British national suffering from mental illness whilst on prison remand in 1984. He had served sentences for various physical assault convictions. The court imposed a hospital order on the applicant and subjected him to a heightened restriction order for the protection of the public from serious harm under the 1983 Mental Health …Read more

Balmer-Schafroth (B) and nine other applicants lived in villages situated in a containment zone within a radius of four to five kilometers from a nuclear power station in operation since 1971. In March 1991 they had requested the federal council to refuse an indefinite extension of the operating license being sought for the station and …Read more

Silva Rocha (S) was remanded in custody after a dispute with a neighbor following which the latter died. He was committed for trial on charges of aggravated homicide and illegal possession of weapons and the criminal court found in July 1990 that the established facts constituted these offences. However, it concluded from the medical evidence …Read more

The Secretary-General of the United Nations requested an advisory opinion from the International Court of Justice on the following question: “Is the threat or use of nuclear weapons in any circumstances permitted under international law?”. The Court determined that it had the jurisdiction and competence to reply to the UN request according to Article 96, …Read more

The plaintiff filed a guarantee of protection of individual constitutional rights (amparo protection) against the Argentine Federal Police, which issued a resolution forcing the plaintiff to retire from the police force due to being HIV positive. The HIV test was performed without the consent of the plaintiff, which constituted a violation of his right to privacy. …Read more

The applicants, two tobacco companies in Canada, sought a stay in the form of interlocutory relief from compliance with the Tobacco Products Control Regulations, amendment until the Supreme Court renders its decision on the validity of the Tobacco Products Control Act (“the Act”). The Act came into force on January 1, 1989 with the purpose …Read more

The Petitioners were residents in a locality in Islamabad. The Water Resources and Power Development Authority (WAPDA) was to construct an electrical grid station in that area. The Petitioners protested on the ground that the electromagnetic field created by the high voltage transmission lines would be hazardous to their health. Moreover, the designated green belt …Read more

The applicant was serving a sentence of life imprisonment in HM Prison Stocken.  He had been convicted of the murder of an elderly man in 1972 and received a mandatory sentence of life imprisonment.  The applicant’s sentence was reviewed by the Parole Board in or about 1984. A release date was apparently set and he …Read more

Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua.  The Company was required to shut down its operations by a series of orders issued by the Minister …Read more