Category: Judicial Review
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
Disputes over the liquidation process and the sale of company property
1. Introduction Ms. Daisy Pieris and Others V H.A. Pieris and Others. Court of AppealCA/Leave to Appeal/69/2006, Section 255 (c)and (f) of the Companies Act 17 of 1982 – Laches- Once a Winding up Order is made, the Directors cease to be in control of the Company – new ground cannot be considered for the first time…
Judicial intervention sought in the school admission process
This case delves into the judicial intervention sought in the admission process for Royal College, Colombo 07, focusing on the denial of a Grade 1 admission in 2014. The petitioner invoked the writ jurisdiction under Article 140 of the Sri Lankan Constitution, seeking to compel public authorities to fulfill their administrative obligations. 1. Case Information…
Forfeiture of gratuity payments due to allegations of fraud
Background of the Case This case emerged from a grievance over the forfeiture of gratuity payments due to allegations of fraud and misappropriation involving the 5th Respondent, an employee terminated by Lanka Milk Foods. The core issue was whether the forfeiture of gratuity was valid under the Payment of Gratuity Act, No. 12 of 1983, and…
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…