Category: New CA Judgements
-
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…
-
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…
-
Judicial Review of Child Abduction Case: CA (CPA) 162/2022
Case Title: CA (CPA) Application No: 162/2022Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaHigh Court Case No: HC/SPL/20/2018Date of Decision: 03.03.2025Presiding Judges: S. U. B. Karalliyadde, J., Mayadunne Corea, J. Introduction This judicial review provides an in-depth analysis of the revision application filed against the order dated 08.12.2022 of the Provincial High Court of Western Province,…
-
Judicial Review of Land Lease Cancellations in Case CA/WRIT/146/2018
Introduction The case CA/WRIT/146/2018 was adjudicated in the Court of Appeal of the Democratic Socialist Republic of Sri Lanka. The petitioners sought mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus under Article 140 of the Constitution. The petitioners included Forest Glen Hotel and Spa (Pvt) Ltd, Elk Plain Farm (Pvt) Ltd, and their…
-
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…
-
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…
-
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…
-
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…
-
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…
-
Cancellation of the registration of Craig Estate Tea Factory
1. Case Background Petitioner: Maskeliya Plantations PLCRespondents: Sri Lanka Tea Board, Jayampathy Molligoda (Chairman), Anura Siriwardena (Director General), E.A.J.K. Edirisinghe (Tea Commissioner) Court of Appeal Case: CA (Writ) Application No. 337/2020 Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaNature of Application: Writs of Certiorari and Prohibition under Article 140 of the Constitution…
-
Writ of prohibition, fraudulent or dishonest
Case Overview: The petitioner, Gowri Somasundaram, sought relief through a writ of prohibition in Court of Appeal Case: CA-WRT-229-23 to prevent her arrest under allegations of financial fraud related to a sum of Rs. 16,200,000. The case revolved around whether the transaction between the petitioner and the 2nd respondent, Suranjani Wickrameratne, was a commercial arrangement or involved criminal…
-
Labour dispute between Namunukula Plantations PLC and Commissioner General of Labour
Case Overview This Court of Appeal Case CA/WRT/0599/2021 involves Namunukula Plantations PLC (Petitioner) seeking relief through Writs of Certiorari and Prohibition under Article 140 of Sri Lanka’s Constitution. The primary contention arose from a labor dispute over salary increments for plantation employees, with the petitioner challenging the statutory obligations enforced by the Commissioner General of Labour (1st Respondent). Key Issues Court’s…
-
W.M. Mendis & Co. Ltd & Anr. v. I.M.S. Bandara Illangasinghe & Others (CA/WRIT/704/2024)
1. Background of the Case This case concerns an application for a writ of Certiorari filed by the petitioners, W.M. Mendis & Co. Ltd and its director, Mr. Anthony Randev Dinendra John, challenging certain orders made by the Magistrate’s Court of Colombo related to unpaid taxes. The case was argued before the Court of Appeal of Sri Lanka,…
-
Court of Appeal Judgement on Protection, Well-being, and Registration of Elephants in Sri Lanka
Case Overview The case involves applications for mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. The Petitioners are primarily challenging the Fauna and Flora (Protection, Well-being, and Regularization of Registration of Tamed Elephants) Regulations No. 01…
