Author: Lankalaw
Proof of Shipment Under Letter of Credit Transactions: Expectations of Banks
A Letter of Credit (LC) is a financial instrument issued by a bank at the request of a buyer to guarantee timely payment to a seller upon the presentation of specified documents. This mechanism ensures compliance with agreed terms, offering a layer of security for international trade transactions. Despite its efficiency, Letters of Credit operate…
A Comparative Analysis of Time Limits for Employee Relief Applications
Time limitations regarding applications for relief following employment termination have become critical in industrial law. These limits are designed to ensure timely recourse while preventing administrative delays. This article examines the evolution of time limits in Sri Lanka, their implications for employees and employers, and proposes recommendations for reform to address existing challenges. Historical Context…
Freedom of Expression and the Right to Information: Pillars of Democracy and Good Governance
Freedom signifies the absence of control, interference, or restriction. Within this context, freedom of expression refers to the unrestrained ability to articulate one’s views, ideas, emotions, and thoughts. However, this right must coexist harmoniously with other universal freedoms, necessitating reasonable limitations to protect public interest, societal order, and individual rights. Historical Evolution of Freedom of…
Smuggling of Human Cargo and Liability Issues: Perspectives in International Law
Illicit or irregular migration is a global phenomenon, often analyzed from the perspective of the destination country. However, it is inherently a multilateral issue involving countries of origin, transit, and destination. Origin countries are implicated when individuals leave without valid travel documentation. Transit countries face challenges when migrants lack proper transit visas, while destination countries…
Corporate Takeovers: Regulatory Frameworks, Challenges, and International Comparisons
Corporate phenomena such as takeover offers—exemplified by Hatton National Bank’s bid for control of the Commercial Bank of Ceylon and the contest between Vanik Incorporated Ltd and Asia Capital Ltd over Forbes Ceylon Ltd—highlight the importance of regulatory frameworks like the Company Takeovers and Mergers Code of Sri Lanka. This code, introduced by the Securities…
Impact of the New Sri Lanka Telecommunications (Amendment) Act, No. 39 of 2024
1. Overview The “Sri Lanka Telecommunications (Amendment) Act, No. 39 of 2024” introduces significant changes to the 1991 principal enactment, focusing on regulatory oversight, market competition, consumer protection, and the management of telecommunications infrastructure. These amendments aim to modernize the regulatory framework, ensuring fair competition, technological advancements, and compliance with international standards. 2. Key Amendments…
Anilana Hotels failure to settle construction payment
Background of the Case The dispute arises from a contractual agreement between the Plaintiff and Defendant, entered in 2012, regarding the construction of chalets on a beachfront property. The Plaintiff, as the contractor, carried out construction based on certified Interim Payment Certificates (IPCs) issued by Mano Ponniah Associates Pvt. Ltd., the project’s appointed chartered architects…
Petition for Winding-up of Expo Brand Packs (Pvt) Ltd
Case Overview The Commercial High Court of the Western Province, Colombo, issued a significant order in Case No. CHC 70/2016/CO regarding the winding-up proceedings of Expo Brand Packs (Pvt) Ltd., under Part XII of the Companies Act, No. 07 of 2007. This case illustrates essential aspects of corporate insolvency law, the role of liquidators, and…
Corporate Veil and Unjust Enrichment
1. Case Overview This case was heard in the High Court of the Western Province under the Commercial jurisdiction. The plaintiff, Pussalla Meat Producers (Pvt) Ltd, sought relief against the defendant, Wewalage Nirmala Priyanthi Fernando, for an amount of Rs. 166,844,161.46 and an injunction to prevent her from alienating or encumbering specific property alleged to have been…
Dispute over Telecasting rights of Sinhala films, “Nohadan Amme” and “Thakkita Tharikita”
Case Title: Tissa Nagodawithana Films (Pvt) Ltd. v. Hemapriya Kandamby & Independent Television Network Ltd. Case Number: CHC/25/2014/IP Court: High Court of the Western Province, Colombo (Civil/Commercial Jurisdiction) Judgment Date: October 8, 2024 Introduction This case concerns a dispute over the telecasting rights for two Sinhala films, “Nohadan Amme” (referred to as “Samawenna Ma Raththarane” in…
Confidentiality and Proprietary Information
Case Overview Summary of the Case The Plaintiff, A.M. Thusith Nirmala Abeykoon, alleged that the Defendants engaged in unfair competition by misappropriating confidential information related to a Power Strip with Lightning Surge and Over Voltage Protection device invented by the Plaintiff. The Plaintiff sought a range of reliefs, including injunctive orders, financial compensation, and declarations…
“eZ Cash” Non-infringement and validity of Patent
Analysis of Case: Dialog Axiata PLC vs. Orleander International Limited 1. Introduction This case involves a dispute over the validity and alleged infringement of Patent No. 14841, concerning a mobile money transfer system. Dialog Axiata PLC (“Plaintiff”), Sri Lanka’s largest mobile network operator, initiated the action seeking declarations of non-infringement and invalidity of the patent held…
Maritime Contracts and Ship Arrests
The judgment of the Commercial High Court of the Western Province in the case between Fleet Management India Pvt Ltd (Plaintiff) and Hindage Oilfield (Defendants) offers significant insights into the adjudication of disputes under Admiralty Law. Below is an analytical review of the judgment, highlighting the legal principles, the court’s reasoning, and its implications. Case No: CHC. 06/2020/Rem 1. Ownership…
Alleged breach of integrity in the Grade 5 Scholarship Examination
The analysis of the consolidated judgment of four fundamental rights applications filed under Article 126 read with Article 17 of the Constitution of Sri Lanka. These cases address the alleged breach of integrity in the Grade 5 Scholarship Examination held on September 15, 2024, due to leaked questions. The petitioners argue that this breach infringed…
False declarations under Section 52 of the Customs Ordinance
Background Facts Legal Issues Court’s Analysis Decision Conclusion This case reinforces the principle that Customs authorities can pursue penalties for false declarations under Section 52, irrespective of prior amendments to declared values. It also underscores the importance of procedural fairness during inquiries, which the court found was adequately maintained. Read Full Judgement