Category: Judicial Review
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Nagananda Kodituwakku v. Director General of Customs & Others
Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaCase Number: CA [Writ] Application No: 315/2018Judges: Dhammika Ganepola, J. and Damith Thotawatta, J.Decision Date: 14th February 2025 Introduction This report analyzes the case filed by Nagananda Kodituwakku in the Court of Appeal of Sri Lanka. The petitioner sought writs of Certiorari and Mandamus under Article 140 of the Constitution in the…
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Judicial Review on SC Contempt No. 09/2024 against an Attorney at Law
1. Introduction This report provides an in-depth analysis of the case titled SC Contempt No. 09/2024 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka. The case involves an application under Article 105(3) of the Constitution read with Section 8 of the Contempt of Court Act No. 08 of 2024, against the Respondent, Wickramage…
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Lagan International Limited vs. Janashakthi Insurance Company Limited (Alliansz Insurance Lanka Limited)
Court: Supreme Court of the Democratic Socialist Republic of Sri Lanka. Case No: SC/CHC/Appeal No: 52/2007. Date of Judgment: 25th February 2025 Presiding Judges: Murdu N. B. Fernando, PC, CJ, E.A.G.R. Amarasekera, J and Arjuna Obeyesekere, J Parties Involved: Background of the Case: The case arises from a contract dispute related to the Gan Airport Development Project in the…
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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…
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Issuance of a Dealership Agreement by the Ceylon Petroleum Corporation (CPC)
The Supreme Court’s ruling in SC/SPL/LA 266/2023 underscores the fundamental importance of judicial oversight, due process, and institutional accountability. The decision reaffirms that state institutions must exercise their discretion lawfully and transparently, ensuring that judicial orders are respected and implemented without bias. The Attorney General’s involvement in further legal proceedings will be crucial in upholding the integrity of public…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
