Category: New SC Judgements
Judicial Review and Procurement Dispute: SC/FR/135/2023
1. Introduction The case SC/FR/135/2023 was filed by Sierra Construction Ltd. in the Supreme Court of Sri Lanka, invoking its fundamental rights jurisdiction. The petitioner contested the decision made by the Road Development Authority (RDA) and associated respondents, who rejected its bid for the rehabilitation and improvement of the B367 Piliyandala-Maharagama Road. The petitioner claimed that…
Judicial Review of Procedural Compliance: Analysis of SC/APPEAL/1/2025
Case No: SC/APPEAL/1/2025Parties Involved: Background of the Case This appeal arises from the order of the District Court of Panadura, which rejected the plaintiff’s list of witnesses and documents for being filed out of time. The High Court of Civil Appeal of Kalutara affirmed this decision. The Supreme Court reviewed whether the rejection of the plaintiff’s…
Employer liability to pay additional gratuity
1. Case Details Madulsima Plantations PLC v. B.K. Prabath Chandrakeerthi and Others, a Writ Application (CA/Writ/345/2021) filed in the Court of Appeal of Sri Lanka. The case involves a dispute over gratuity payments under the Payment of Gratuity Act, No. 12 of 1983, and whether the petitioner, Madulsima Plantations PLC, was liable to pay additional…
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…
Judicial Finality and the Limits of Inherent Powers: Analysis of Suntel Limited v. Electroteks Network Services and Dialog Broadband Network
Case Details Suntel Limited v. Electroteks Network Services Private Limited and Dialog Broadband Network (Private) Limited. Case Number: SC/MISC/03/2019 Court: Supreme Court of the Democratic Socialist Republic of Sri Lanka. Judgment Date: 19 May 2023 Background of the Case This case arises from a commercial dispute involving Suntel Limited, later amalgamated with Dialog Broadband Network…
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…
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…
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…
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…
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…
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…
