Category: New SC Judgements
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.…
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…
Tax dispute between Lion Brewery (Ceylon) PLC and the Director-General of Excise
Background This case pertains to a tax dispute between Lion Brewery (Ceylon) PLC and the Director-General of Excise, involving unpaid excise duties on beer for multiple financial quarters between 1998 and 2002. The central questions addressed the proper calculation of excise duties, whether complimentary beer should be taxed, and procedural issues under the Excise (Special…
Precedent for interpreting Section 337 of CPC and managing execution-related disputes
The Supreme Court’s decision resolves a long-standing property dispute, reaffirming the importance of judicial efficiency and fairness in execution proceedings. By prioritizing substantive justice over procedural technicalities, the Court upheld the plaintiff’s rights and highlighted the judiciary’s role in correcting errors and ensuring justice. This case serves as a precedent for interpreting Section 337 and…
Transparency and accountability in judicial appointments
Case Overview The petitioner, Bulugaha Pathirannehelage Sarith Maheeputhra Pathirathne, challenged the Constitutional Council’s decision not to approve the nomination of the President of the Court of Appeal for appointment as a Judge of the Supreme Court. The case alleged violations of fundamental rights under Article 12(1) of the Sri Lankan Constitution (equality before the law).…
Analysis of SC ruling on unlawful arrest of Azath Salley under PTA
Case Overview This Supreme Court fundamental rights application concerns the alleged violation of constitutional rights under Articles 12(1), 13(1), and 13(2) of the Sri Lankan Constitution. The petitioner, Sansoon Salley Mohamed Azath, a political figure and leader of the National Unity Alliance, challenged his arrest and detention under the Prevention of Terrorism Act (PTA), claiming…
 ‘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…