Category: Featured Artcles
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Mode of Proof of a Deed-End of Life Interest
Obawath Kankanamage Jinadasa v. Malwa Waduge Bandusoma and Another (SC Appeal 208/2017) Background of the Case This appeal involves a property dispute in which Obawath Kankanamage Jinadasa (the plaintiff) sought a declaration of ownership and eviction of the defendants, Malwa Waduge Bandusoma and Manic Pura Hewage Seetha. The primary issue revolved around competing claims to the…
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Third Party Insurance-Driving the vehicle after consuming intoxicating liquor at the time of the accident-Liability of the Insurer
Kushan Ediriweera v. Union Assurance Limited and Others (SC Appeal 65/2016) Case Background This case arose from a serious accident where Kushan Ediriweera, the plaintiff, was struck by a vehicle driven by the first defendant, Sadhasivam Sivagankan, on July 19, 2005. Ediriweera suffered significant injuries and filed a suit against Sivagankan, the vehicle’s driver; Tissaweerasingham Sundhararajan,…
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Offence of cheating
Case Background Kapila Nishshanka Kumarage v. Officer-in-Charge, Special Crimes Investigation Bureau, Police Station, Ratnapura (SC Appeal No. 51/18) The case involved an appeal by Kapila Nishshanka Kumarage, who was convicted of the charge of “cheating” under Section 403 of the Penal Code of Sri Lanka. Kumarage had allegedly obtained a sum of Rs. 800,000 from…
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Centre for Policy Alternatives v. Attorney General and Related Petitions (SC/FR/91/2021)
Background This case, heard in the Supreme Court of Sri Lanka, involved three fundamental rights applications filed by the Centre for Policy Alternatives and other petitioners. The petitioners challenged the legality and constitutionality of the Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 1 of 2021 (referred to as the “impugned Regulations”), introduced…
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Coca-Cola Beverages Sri Lanka Ltd. v. Public Health Officer, Mahasenpura
Background of the Case The case involves Coca-Cola Beverages Sri Lanka Ltd., accused of violating Sri Lanka’s Food Act, No. 26 of 1980, and Food (Labelling and Advertising) Regulations 2005 by selling a bottle of “Lion” ginger beer that allegedly lacked essential label information, including the batch number, date of manufacture, and expiry date. The…
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Attorney General v. Hemasiri Fernando (SC TAB 02/2023)
1. Introduction This case involves an appeal to the Supreme Court of Sri Lanka by the Attorney General challenging the acquittal of Hemasiri Fernando, the former Secretary of the Ministry of Defence, who faced multiple charges related to the tragic Easter Sunday bombings of April 21, 2019. These bombings, carried out by suicide attackers, resulted in…
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The Economic Transformation Act, No. 45 of 2024
The Economic Transformation Act, No. 45 of 2024, outlines Sri Lanka’s national strategy for economic growth, investment attraction, and global trade integration. This Act addresses challenges in the evolving global economy, establishing new institutions and policies for a robust, competitive economy. Key elements include:
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Sri Lanka Electricity Act, No. 36 of 2024
The Sri Lanka Electricity Act, No. 36 of 2024, introduces comprehensive reforms across the electricity sector aimed at restructuring management, operations, and policy to improve efficiency, encourage investment, and support renewable energy goals. In essence, this Act is designed to modernize the electricity sector, fostering a sustainable, competitive environment that attracts investment and meets Sri…
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New Bill for Proceeds of Crime
New Bill to provide for the recovery of proceeds of crime; to provide for the investigation, restraint, forfeiture and disposal of proceeds of crime; to provide for the protection, preservation, management of restrained proceeds of crime; to establish the Proceeds of Crime Management Authority; to provide for inter-agency cooperation and international collaboration relating to the…
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Protecting Attorney-Client Privilege and Work Product in a GenAI World
This checklist provides guidance for protecting attorney-client privilege and work product in the environment of generative artificial intelligence (AI). The checklist specifically gives an overview of AI uses in the law today, offers a brief summary of the attorney-client privilege and the work-product doctrine protections, raises attorney-client privilege and work-product doctrine issues regarding the use…
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Scope of legal professional privilege in Sri Lanka
What is protected by legal professional privilege? While neither the Evidence Ordinance nor the Supreme Court Rules explicitly reference the term “legal professional privilege,” legal professional privilege operates in Sri Lanka in a similar manner to other common-law jurisdictions. Evidence Ordinance Under the Evidence Ordinance, no attorney is permitted, unless with a client’s express consent,…
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LankaLAW Legal Advisory & Research Services
LankaLAW now offers following AI based legal advisory and Research services to lawyers and clients on exclusive basis relating to Sri Lankan Law. Specialised Services Legal Research Content and Verification: All our reports are generated through AI powered platform and curated by a panel of lawyers. REGISTER & GET YOUR FIRST REPORT FREE REPORT TEMPLATES
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New Bill for the Reciprocal Recognition, Registration and Enforcement of Foreign Judgments
The Act aims to facilitate the reciprocal recognition, registration, and enforcement of foreign judgments in Sri Lanka. It repeals the Enforcement of Foreign Judgments Ordinance (Chapter 93) and the Reciprocal Enforcement of Judgments Ordinance (Chapter 94). Key Provisions Conclusion The Act provides a comprehensive framework for the recognition and enforcement of foreign judgments in Sri…
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Institute of Chartered Shipbrokers of Sri Lanka incorporated by an Act of Parliament
Institute of Chartered Shipbrokers of Sri Lanka (Incorporation) Act, No. 34 of 2024, was certified on June 19, 2024, by the Parliament of the Democratic Socialist Republic of Sri Lanka. Here is a summary of its key contents: The Act aims to ensure the Institute operates transparently, professionally, and in alignment with national and international…
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Court of Appeal Judgement on Protection, Well-being, and Registration of Elephants in Sri Lanka
Case Overview The case involves applications for mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. The Petitioners are primarily challenging the Fauna and Flora (Protection, Well-being, and Regularization of Registration of Tamed Elephants) Regulations No. 01…
