Category: Judicial Review
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Supreme Court Upholds Copyright Rights of JVP Leader Tilvin Silva in Landmark Intellectual Property Case Against Wimal Weerawansa
Colombo, Sri Lanka – The Supreme Court of Sri Lanka has affirmed the importance of copyright protection under the Intellectual Property Act No. 36 of 2003, ruling in favour of Mesthri Tilvin Silva in a landmark dispute involving former JVP parliamentarian Wimal Weerawansa over the unauthorized use of written material in a published book. Read Judgement The case centred on…
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Court of Appeal Affirms Taxpayer’s Right to a Fair Hearing in Landmark Inland Revenue Ruling
In a significant judgment with wide-ranging implications for Sri Lanka’s tax administration, the Court of Appeal has dismissed an appeal by the Commissioner General of Inland Revenue (CGIR), reaffirming that taxpayers must be afforded a fair hearing before tax assessments are upheld. The judgment, delivered on 9 July 2026 in CA Tax No. 57/2023, arose from an appeal…
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Landmark SC Ruling: Seagull Property Developers Ordered to Pay Rs. 10M Over Unlawful Parking Conversion
In a landmark ruling, the Supreme Court of Sri Lanka has ordered Seagull Property Developers (Pvt) Ltd to pay Rs. 10 million in compensation to two apartment owners, Dr. K. Mahendrarajah and K. Balendra, for the unlawful conversion of parking spaces into commercial property. The decision, delivered on March 30, 2026, addresses significant violations of…
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Court of Appeal Annuls VAT Assessment Against LOLC Finance in Landmark Tax Ruling
The Court of Appeal has ruled in favour of LOLC Finance PLC, annulling a Value Added Tax (VAT) assessment imposed by the Inland Revenue Department for the 2011/2012 tax year, in a significant decision clarifying the scope of “financial services” under Sri Lanka’s VAT law. The appeal arose from a dispute between LOLC Finance PLC…
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Supreme Court Revives Treasury Bond Case, Orders Trial to Proceed
In a significant legal development concerning Sri Lanka’s controversial Treasury Bond scandal, the Supreme Court has overturned a Court of Appeal decision that effectively halted criminal proceedings against several accused persons and entities, including a leading primary dealer, and ordered the case to proceed before the High Court at Bar. The judgment relates to allegations…
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Probate law, revocation of wills, and evidentiary standards under Sri Lankan law.
The Supreme Court judgment in SC Appeal No. 38/2014 is a significant decision dealing with probate law, revocation of wills, and evidentiary standards under Sri Lankan law. Here’s an analysis of the case and the ruling: Key Facts:• The appellant, Karunawathie Jayamaha, sought probate of a Last Will (No. 962 dated 24.05.1989) purportedly executed by…
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Frustration of contract due to supervening impossibility
The Supreme Court judgment in SC Appeal No. 08/2017 is a significant case in Sri Lankan contract law dealing with frustration of contract due to supervening impossibility, particularly in the context of a lease agreement disrupted by the 2004 tsunami. 🔍 Case Summary? Parties:? Plaintiff-Respondent-Appellants: Pallocci Donatella & Palermi Luca (Italian nationals).? Defendant-Appellant-Respondent: Yamuna Kanthi…
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Sri Lanka Telecom PLC v. Right to Information Commission and C.J. Wijayawardhana
Court of Appeal Case No. CA/RTI/0002/2023Judgment delivered on 03.07.2025Presiding: Dr. Sumudu Premachandra J. and R. Gurusinghe J Background: This appeal arose from a decision by the Right to Information Commission (RTIC) directing Sri Lanka Telecom PLC (SLT)—a public authority and a publicly listed company—to disclose a breakdown of legal fees it incurred in relation to…
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Nature of the Action – Rei Vindicatio or Licensor-Licensee
Supreme Court Appeal No. 108/2022 – Analysis Background• District Court (DC Bandarawela – Case No. L 1866):Plaintiff W.M. Bandara Menika filed action seeking recovery of possession of a property from her son-in-law (1st Defendant) and others who entered the property through him. The District Court dismissed both the Plaintiff’s plaint and the Defendants’ claim in…
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Fundamental Rights application concerning religious identity and gender equality
The Supreme Court of Sri Lanka in SC FR 218/2013 addressed a landmark Fundamental Rights application concerning religious identity and gender equality, specifically the recognition of Bhikkhunis (female Buddhist monks) in State-issued identity documentation. ⸻ Background• Petitioners:1. Ven. Welimada Dhammadinna Bhikkhuni, a female monastic ordained in the Rangiri Dambulla Chapter.2. Ven. Inamaluwe Sri Sumangala Thero,…
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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…
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Principle of uberrimae fidei (utmost good faith) – Lakshman De Fonseka v. Eagle Insurance Co. Ltd (AIA Insurance Lanka PLC)
1. Background of the Case 2. Issues on Appeal The Plaintiff raised two legal questions: 3. Legal Principles Discussed A. Uberrimae Fidei (Utmost Good Faith) B. Material Misrepresentation and Inducement C. Burden and Standard of Proof 4. Key Findings 5. Court’s Conclusion 6. Legal Significance 7. Implications
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Attorney General v. Ravi Karunanayake – Sri Lankan Treasury Bond scandal (2015–2016)
Case Analysis and Significance: This Supreme Court case, SC Appeal 104/2024, arising from the infamous 2015–2016 Sri Lankan Treasury Bond scandal, is significant in terms of how bribery and financial misconduct cases are investigated, prosecuted, and subjected to judicial review. The core issue was whether the Attorney General’s decision to indict former Finance Minister Ravi Karunanayake—based…
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K.G.P.M. Nirmalatha v. Rajarata Sanwardana Bankuwa & Others [SC Appeal No. 168/2015]
![K.G.P.M. Nirmalatha v. Rajarata Sanwardana Bankuwa & Others [SC Appeal No. 168/2015]](https://lankalaw.net/wp-content/uploads/2025/03/1645691897477.jpeg)
This case sets a precedent that when an entity is abolished and replaced by a new entity through legislative action, employment contracts do not automatically transfer unless explicitly stated in the law. Employees must either accept new contracts or seek compensation as provided under the governing statute. The decision reinforces the principle that statutory provisions…
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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…