Category: Featured Artcles
Supreme Court Rules Against Herbal Holiday Resorts in Landmark VAT Exemption Case
Case Analysis Report: Herbal Holiday Resorts (Pvt) Ltd. v. Commissioner General of Inland RevenueSC Appeal No. SC/APPEAL/6/2022 | Decided on: 03 June 2024 1. Background: Herbal Holiday Resorts (Pvt) Ltd., operating under the name “Hotel Paradise Island” in Bentota, claimed Value Added Tax (VAT) exemption under paragraph (b)(xii) of Part II of the First Schedule…
දූෂණ විරෝධී පනතේ අදාළත්වය සහ ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ 13(6) වගන්තිය
ආණ්ඩුක්‍රම ව්‍යවස්ථාවේ 13(6) වගන්තිය ශ්‍රී ලංකාවේ අපරාධ නීතියේ මූලික මූලධර්මයක් වන අතර, එය අතීතයට බලපැවැත්වෙන අපරාධ නීති සහ වැඩි කළ දඬුවම්වලින් පුරවැසියන් ආරක්ෂා කරයි. 2023 අංක 9 දරන දූෂණ විරෝධී පනත නව නීති රාමුවක් හඳුන්වා දුන්නද, එහි විධිවිධාන ක්‍රියාත්මක වන්නේ පනත බලපැවැත්වූ දින සිට ඉදිරියට පමණි. පනත ක්‍රියාත්මක වීමට පෙර සිදු වූ දූෂණ හෝ ඊට…
Former Minister and Sathosa Chairman sentenced amid Strict Constitutional Safeguards under the Article 13(6) of the Constitution of Sri Lanka
Colombo, June 1, 2025 — In a landmark judgment delivered by the Colombo High Court this week, former Sports Minister Mahindananda Aluthgamage and former Sathosa Chairman Nalin Fernando were sentenced to 20 and 25 years of rigorous imprisonment, respectively despite Strict Constitutional Safeguards under the Article 13(6) of the Constitution of Sri Lanka explicitly prohibiting retroactive criminal…
RTI Commission Orders Full Disclosure from Bank of Ceylon Over Alleged Misuse of Public Funds
In a landmark ruling, the Right to Information (RTI) Commission of Sri Lanka has directed the Bank of Ceylon (BOC) to release a comprehensive set of documents relating to financial transactions, loans, tender procedures, and contracts involving the Informatics Group and the former Chairman of the bank, Mr. Gamini Wickramasinghe, spanning the years 2007 to…
Deshabandu Tennakoon v. Hon. B. A. Aruna Indrajith Buddhadasa & Others (CA Writ Application 168/25)
1. Introduction This judicial review examines the decision of the Court of Appeal of Sri Lanka in Deshabandu Tennakoon v. Hon. B. A. Aruna Indrajith Buddhadasa & Others (CA Writ Application 168/25), where the Petitioner, the Inspector General of Police (IGP), sought relief against an arrest order issued by the Magistrate’s Court of Matara. The case involves…
United States SEC v. Surage Kamal Roshan Perera and Janues Capital Incorporated
1. Introduction This report analyzes the legal case initiated by the U.S. Securities and Exchange Commission (SEC) against Surage Kamal Roshan Perera and his firm, Janues Capital Incorporated. The case, filed in the United States District Court for the Eastern District of New York, alleges fraudulent investment practices by the defendants, resulting in significant investor losses.…
Conviction under the Prevention of Money Laundering
Under the Prevention of Money Laundering Act, No. 5 of 2006 (as amended) in Sri Lanka, the prosecution must establish the following elements to secure a conviction for money laundering: The accused must have:• Converted or transferred property knowing or having reason to believe that such property is derived from an unlawful activity.• Concealed or…
Legal Analysis of the shareholder oppression and corporate mismanagement case against Harry Jayawardene in 2011
1. Introduction The Milford case is a legal dispute adjudicated in the Supreme Court of Sri Lanka, involving the shareholders and directors of Milford Exports (Ceylon) Ltd. The case primarily concerns allegations of corporate mismanagement, shareholder oppression, and procedural issues under the Companies Act No. 7 of 2007. This report comprehensively analyzes the case, its legal…
Wrongful termination of employment under TEWA
Case Details: Case Title: China Harbour Engineering Company (Lanka) Limited v. Commissioner General of Labour & OthersCase No.: C.A. (WRIT) 464/2021Court: Court of Appeal of Sri LankaJudges: Sobhitha Rajakaruna, J. & Dhammika Ganepola, J.Counsel: Malik Hannan for the Petitioner; Navodi de Zoysa, SC for 1st & 2nd RespondentsDecision Date: 19.01.2024 Background The Petitioner, China Harbour Engineering Company (Lanka) Limited, sought a…
Bill for Demutualization of the Colombo Stock Exchange (CSE)
The Demutualization of the Colombo Stock Exchange Act aims to convert the CSE from a company limited by guarantee into a company limited by shares. This transformation is designed to enhance governance, transparency, and operational efficiency. The following report provides an analysis of the Bill 405/2018 presented by the Prime Minister and Minister of National…
Legal Analysis of S.C. (CHC) Appeal No. 22/2010: Pramuka Savings and Development Bank vs. Habib Bank AG Zurich
Introduction This report examines the Supreme Court of Sri Lanka’s decision in S.C. (CHC) Appeal No. 22/2010, a pivotal case involving a dispute over financial transactions between Pramuka Savings and Development Bank Limited (Plaintiff-Appellant), later substituted by Sri Lanka Savings Bank Limited, and Habib Bank AG Zurich (Defendant-Respondent). The core issue pertained to whether the Defendant Bank had a…
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…
Terminating a Company’s Existence
The termination of a company’s existence is a structured and legally governed process aimed at ensuring fairness, transparency, and adherence to statutory obligations. This article delves into the various methods by which a company can cease to exist under the Companies Act No. 17 of 1982, detailing the processes of cancellation of registration, removal of…
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…
