Author: Lankalaw
An Overview of Debt Recovery Laws in Sri Lanka
Lending money and giving loans, also called “commercial credit,” are crucial for business and economic growth. Lenders usually require “security” from borrowers, which is a legal claim on property to ensure repayment. Lenders, including banks and financial institutions, support the economy by providing funds for businesses and individuals. To protect these institutions, governments have created…
New Bill for the Amendment of the Companies Act
New Bill for the Amendment of the Companies (Amendment) Act, No. 07 of 2007, presenting several key amendments. Below is an analysis and summary of the critical changes: Key Amendments: These amendments primarily aim to enhance transparency, accountability, and regulatory compliance, ensuring that the Companies Act is aligned with international standards and modern business practices.…
Res Judicata and Estoppel
Case Title: Azem Morina v. Saman Weranjan Kasthurirathna and Tea Masters Ceylon (Pvt) Ltd Case Number: SC CHC Appeal 10/2015 Court: Supreme Court of Sri Lanka 1. Case Overview: Parties Involved: Nature of the Case: This case concerns a failed commercial transaction involving the export of tea. The Plaintiff-Appellant sought to recover funds remitted to the Defendants-Respondents, along with…
Failure of Consideration and Breach of Duty of Care
This report analyzes the Supreme Court appeal concerning a dispute between the Hong Kong and Shanghai Banking Corporation Limited (“Respondent”) and Pratap Shyam Sunder Singh (“Appellant”). The case revolves around a housing loan agreement, default on repayment, and claims of negligence and breach of duty of care. SC (C.H.C.) Appeal No. 62/2012 Key Facts Issues…
Misapplication of the burden of proof
This appeal was filed to challenge the conviction and sentence imposed by the High Court of Matale on the appellant for the offense of rape of a girl under 16 years of age. The High Court had convicted the appellant despite numerous inconsistencies in the evidence of the prosecution witnesses and alleged procedural errors. Case…
Balancing Legal Enforcement and Justice: Analysis of the NATA Act Revision Case
1. Case Background Court of Appeal Case: CA/PHC/APN/0086/2023 Petitioner: D.S. Gunasekara (Pvt) LtdRespondents: Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaNature of Application: Revision under Article 138 of the Constitution Core Issue: The petitioner sought to challenge the decisions of the Magistrate’s Court of Anuradhapura and the Provincial High Court, which refused…
Cancellation of the registration of Craig Estate Tea Factory
1. Case Background Petitioner: Maskeliya Plantations PLCRespondents: Sri Lanka Tea Board, Jayampathy Molligoda (Chairman), Anura Siriwardena (Director General), E.A.J.K. Edirisinghe (Tea Commissioner) Court of Appeal Case: CA (Writ) Application No. 337/2020 Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaNature of Application: Writs of Certiorari and Prohibition under Article 140 of the Constitution…
Arbitration and Public Policy
Judicial Analysis of Supreme Court Appeal No. 155/2023: Arbitration and Public Policy Background of the Case: This case pertains to an appeal filed by the Respondent-Petitioner-Appellant, Ceylon Electricity Board (CEB), challenging an arbitral award dated October 29, 2013. The arbitral award was in favor of the Claimant-Respondent-Respondent, Heladhanavi Limited. The matter concerns a Power Purchase Agreement…
Mismanagement of collapsed finance companies under the Ceylinco Group
Case: S.C. (FR) Nos. 263/2009 and 262/2009 Parties Involved: Case Background: The case arose out of the collapse of several finance companies under the Ceylinco Group, resulting in substantial financial losses for depositors. The Petitioners alleged fraudulent practices by company directors and managers, including mismanagement of funds, misleading depositors, and failing to uphold fiduciary duties.…
Defects of the Appeal filed in the name of a deceased person
1. Case Background Plaintiff-Appellant: Domingo Hewage GunapalaSubstituted Plaintiff-Appellant-Respondent: Domingo Hewage Premachandra2nd Defendant-Respondent-Petitioner: Upali Gunasekera (substituted by Palm Paradise Cabanas (Pvt) Limited) Court: Supreme Court of the Democratic Socialist Republic of Sri LankaCase Origin: District Court of Tangalle (Case No. 2218/P) Core Issue: The appeal was brought before the Supreme Court challenging a judgment of the Court…
Dispute over promotion and alleged infringement of fundamental right to equality
1. Case Background Petitioner: Weerasuriya Arachchige Leela WeerasuriyaRespondents: People’s Bank and associated officialsNature of Application: Fundamental Rights application under Articles 17 and 126 of the Constitution of Sri Lanka.Case Reference: S.C. (F.R.) Application No. 419/2015 Key Allegation: The petitioner alleged that her fundamental right to equality under Article 12(1) of the Constitution was violated when the…
Writ of prohibition, fraudulent or dishonest
Case Overview: The petitioner, Gowri Somasundaram, sought relief through a writ of prohibition in Court of Appeal Case: CA-WRT-229-23 to prevent her arrest under allegations of financial fraud related to a sum of Rs. 16,200,000. The case revolved around whether the transaction between the petitioner and the 2nd respondent, Suranjani Wickrameratne, was a commercial arrangement or involved criminal…
Validity of Mortgage Bonds and Obligations under Tesawalamai Law
Case Overview: This case SC CHC Appeal No. 32/2008 involves an appeal by Nallathamby Chandra (3rd Defendant-Appellant) and Nallathamby Kumarachandran (2nd Defendant-Appellant) against the judgment of the Commercial High Court of Colombo, which ruled in favor of the Merchant Bank of Sri Lanka PLC (Plaintiff-Respondent). The case revolves around a default on a Bill Discounting Facility and associated Mortgage Bonds, with the Plaintiff-Bank seeking…
Labour dispute between Namunukula Plantations PLC and Commissioner General of Labour
Case Overview This Court of Appeal Case CA/WRT/0599/2021 involves Namunukula Plantations PLC (Petitioner) seeking relief through Writs of Certiorari and Prohibition under Article 140 of Sri Lanka’s Constitution. The primary contention arose from a labor dispute over salary increments for plantation employees, with the petitioner challenging the statutory obligations enforced by the Commissioner General of Labour (1st Respondent). Key Issues Court’s…
Tax dispute between Lion Brewery (Ceylon) PLC and the Director-General of Excise
Background This case pertains to a tax dispute between Lion Brewery (Ceylon) PLC and the Director-General of Excise, involving unpaid excise duties on beer for multiple financial quarters between 1998 and 2002. The central questions addressed the proper calculation of excise duties, whether complimentary beer should be taxed, and procedural issues under the Excise (Special…