Category: Legal Queries
Copyright law applicable to Online Legal information providers in Sri Lanka
The Intellectual Property Act No. 36 of 2003 of Sri Lanka provides comprehensive guidance on the protection of copyright and intellectual property. A critical exemption from copyright protection is outlined in Section 8(b), which states that “no protection shall be extended under this Part to any official text of a legislative, administrative, or legal nature, as well as…
 ‘mens rea’ component in narcotics cases
Case Title: Mohamed Iqbal Mohamed Sadath vs. Attorney General Court: Supreme Court of Sri LankaCase Number: SC Appeal No. 110/15Decision Date: 14 December 2020 Background The accused-appellant, Mohamed Iqbal Mohamed Sadath, was convicted by the High Court for the importation, trafficking, and possession of 1.384 kilograms of heroin under Section 54A of the Poisons, Opium,…
Labour Law-Right of Appeal is Limited to Questions of Law
Case Title: R. Chandrasena vs. The Monetary Board, Central Bank of Sri Lanka Court: Supreme Court of Sri LankaCase Number: SC Appeal No. 148/2012Decision Date: 21 September 2020 Background This case concerns a dispute arising from the termination of Mr. R. Chandrasena’s employment by the Monetary Board of the Central Bank of Sri Lanka. The…
The stage of litis contestatio being reached, does the cause of action survive?
Case Title: Ambudeniyage Dona Leelawathie (Deceased) vs. Karuna Aratchige Ranjith Ariyaratne Court: Supreme Court of Sri LankaCase Number: SC Appeal No. 28/2013Decision Date: 14 January 2016 Background This case revolves around an action to revoke a deed of gift based on the grounds of gross ingratitude. The original plaintiff, Ambudeniyage Dona Leelawathie, gifted property to…
Inordinate delay in the conclusion of a criminal trial
This report provides a comprehensive analysis of SC Appeal No. 70/2018, Badde Liyanage Wasantha Kumara Fernando Vs Hon. Attorney General highlighting legal arguments, procedural nuances, and the broader implications of the judgment. The case revolves around sentencing for culpable homicide not amounting to murder under Section 297 of the Penal Code and the principles of fair…
Excessive sentence-Fair Trial-Duty of the Prosecution and the Assigned Counsel
Hattuwan Pedige Sugath Karunarathne Vs Hon. Attorney General Case Analysis and Report: SC Appeal 32/2020 Case Overview: This case concerns Hattuwan Pedige Sugath Karunarathne (the accused-appellant-petitioner), charged with six counts of kidnapping and rape involving a minor girl under 16 years of age. The High Court of Anuradhapura initially imposed a cumulative sentence of 81 years…
Compensation following termination of employment
The case revolves around an appeal by David Michael Joachim, who contested his employment termination by Aitken Spence Travels Ltd. This termination was the result of alleged misconduct, particularly regarding a dispute with his manager, Shane De Silva. The central issue was whether Joachim’s behavior, involving abusive language and insubordination, justified termination or if compensation…
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…
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,…
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…
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…
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…
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,…
Laws and Regulations applicable to Insurance Industry in Sri Lanka
The Regulation of Insurance Industry Act, No. 43 of 2000 is a key piece of legislation that governs the insurance industry in Sri Lanka. It has been amended several times to update and refine the regulatory framework for insurance companies operating within the country. Here are the details of the Act and its amendments based…
Law relating to awarding damages for breach of contract in Sri lanka
In Sri Lanka, the awarding of damages for breach of contract is governed by the principles of contract law, which are largely based on English common law, as Sri Lanka’s legal system has been significantly influenced by its colonial history. However, specific statutes may also apply to certain types of contracts or industries. The general…