After a retrial, the Court of Appeal holds that a son-in-law who received property by simulated sale owes no collation, because he is neither descendant nor heir and article 920 deems gifts to an heir's spouse exempt, while the daughter must collate her own share.
The Court of Criminal Appeal held that a sentencing court need not order a psychiatric report where intent is not in dispute, and that article 98A rules out a suspended sentence for article 96 offences. It matters to defence counsel pleading on sentence.
The First Hall, constitutional jurisdiction, rejects a claim that articles 241 and 243 of the Criminal Code, as they stood in 2022, breached a pregnant tourist's rights to life, to freedom from inhuman treatment, to private life and to equality when doctors would not terminate her pregnancy.
The Court of Appeal holds that article 156 of the Code of Organization and Civil Procedure does not govern a sworn application under article 16A of Chapter 69: the Rent Regulation Board runs on its own special procedure, and a landlord who files no witness list keeps his evidence.
The Family Court annulled a 2021 civil union under article 19(1)(f) of the Marriage Act: the respondent never intended to be faithful. Deceit about her affairs did not qualify as fraud under article 19(1)(c).
The Court of Appeal held that an advocate obtained an older seller's renewal of two lapsed promises of sale by fraud, and her consent to the sale by violence, and declared both invalid. It matters to anyone who takes or renews a konvenju.
The Court of Criminal Appeal holds that a charge of continuing offence is not a separate offence, and that noise prosecutions for different periods do not breach ne bis in idem. It matters to anyone defending or prosecuting repeated conduct.
The Court of Appeal holds that a lapse in forwarding Planning Board asset declarations does not void Board decisions, but a Tribunal that accepts overriding reasons without assessing impact on neighbours misuses its discretion.
The First Hall, constitutional jurisdiction, dismisses a husband's complaint that the Family Section took two years to decide his pendente lite applications and left a protection order in force. No breach of article 39, article 6 or article 8 was found.
The Family Court pronounced separation for the husband's sole fault after decades of domestic violence, applied the article 48 forfeitures, and paid the wife's maintenance by assigning her his half of a stable rather than trusting him to pay monthly.
The Court of Appeal holds that a continuous and apparent servitude can be created by the owner of the dominant tenement, never by its tenant, so windows and pipes installed by lessees over a neighbour's airspace must go however long they have been there.
The Court of Magistrates accepted a guilty plea to grievous bodily harm after a night of drinking and passed two years' imprisonment suspended for four, with notice to the immigration authorities although the victim wanted no complaint.