Category: New SC Judgements
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Probate law, revocation of wills, and evidentiary standards under Sri Lankan law.
The Supreme Court judgment in SC Appeal No. 38/2014 is a significant decision dealing with probate law, revocation of wills, and evidentiary standards under Sri Lankan law. Here’s an analysis of the case and the ruling: Key Facts:• The appellant, Karunawathie Jayamaha, sought probate of a Last Will (No. 962 dated 24.05.1989) purportedly executed by…
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Frustration of contract due to supervening impossibility
The Supreme Court judgment in SC Appeal No. 08/2017 is a significant case in Sri Lankan contract law dealing with frustration of contract due to supervening impossibility, particularly in the context of a lease agreement disrupted by the 2004 tsunami. 🔠Case Summary• Parties:• Plaintiff-Respondent-Appellants: Pallocci Donatella & Palermi Luca (Italian nationals).• Defendant-Appellant-Respondent: Yamuna Kanthi…
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Nature of the Action – Rei Vindicatio or Licensor-Licensee
Supreme Court Appeal No. 108/2022 – Analysis Background• District Court (DC Bandarawela – Case No. L 1866):Plaintiff W.M. Bandara Menika filed action seeking recovery of possession of a property from her son-in-law (1st Defendant) and others who entered the property through him. The District Court dismissed both the Plaintiff’s plaint and the Defendants’ claim in…
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Fundamental Rights application concerning religious identity and gender equality
The Supreme Court of Sri Lanka in SC FR 218/2013 addressed a landmark Fundamental Rights application concerning religious identity and gender equality, specifically the recognition of Bhikkhunis (female Buddhist monks) in State-issued identity documentation. ⸻ Background• Petitioners:1. Ven. Welimada Dhammadinna Bhikkhuni, a female monastic ordained in the Rangiri Dambulla Chapter.2. Ven. Inamaluwe Sri Sumangala Thero,…
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Supreme Court Rules Against Herbal Holiday Resorts in Landmark VAT Exemption Case
Case Analysis Report: Herbal Holiday Resorts (Pvt) Ltd. v. Commissioner General of Inland RevenueSC Appeal No. SC/APPEAL/6/2022 | Decided on: 03 June 2024 1. Background: Herbal Holiday Resorts (Pvt) Ltd., operating under the name “Hotel Paradise Island” in Bentota, claimed Value Added Tax (VAT) exemption under paragraph (b)(xii) of Part II of the First Schedule…
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Principle of uberrimae fidei (utmost good faith) – Lakshman De Fonseka v. Eagle Insurance Co. Ltd (AIA Insurance Lanka PLC)
1. Background of the Case 2. Issues on Appeal The Plaintiff raised two legal questions: 3. Legal Principles Discussed A. Uberrimae Fidei (Utmost Good Faith) B. Material Misrepresentation and Inducement C. Burden and Standard of Proof 4. Key Findings 5. Court’s Conclusion 6. Legal Significance 7. Implications
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Attorney General v. Ravi Karunanayake – Sri Lankan Treasury Bond scandal (2015–2016)
Case Analysis and Significance: This Supreme Court case, SC Appeal 104/2024, arising from the infamous 2015–2016 Sri Lankan Treasury Bond scandal, is significant in terms of how bribery and financial misconduct cases are investigated, prosecuted, and subjected to judicial review. The core issue was whether the Attorney General’s decision to indict former Finance Minister Ravi Karunanayake—based…
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K.G.P.M. Nirmalatha v. Rajarata Sanwardana Bankuwa & Others [SC Appeal No. 168/2015]
![K.G.P.M. Nirmalatha v. Rajarata Sanwardana Bankuwa & Others [SC Appeal No. 168/2015]](https://lankalaw.net/wp-content/uploads/2025/03/1645691897477.jpeg)
This case sets a precedent that when an entity is abolished and replaced by a new entity through legislative action, employment contracts do not automatically transfer unless explicitly stated in the law. Employees must either accept new contracts or seek compensation as provided under the governing statute. The decision reinforces the principle that statutory provisions…
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Supreme Court Rules in Favor of Sri Lanka Savings Bank in Landmark Banking Dispute
1. Introduction The Supreme Court of Sri Lanka has delivered a decisive judgment in the case between Sri Lanka Savings Bank Limited (Plaintiff-Appellant) and Habib Bank AG Zurich (Defendant-Respondent), with Hatton National Bank Limited as the Substituted Defendant-Respondent. The case, registered as S.C. (CHC) Appeal No. 22/2010, arose from a banking dispute concerning the non-release of a deposit by the defendant bank.…
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Supreme Court Appeal No. 169/2015: Constructive Trust and Property Ownership Dispute
Introduction This report examines the Supreme Court of Sri Lanka case SC Appeal No. 169/2015, which involves a property dispute between Malagodage Iranganie (Plaintiff) and Malagodage Thilakeratne (1st Defendant) concerning the alleged existence of a constructive trust. The case initially went through the District Court and the Civil Appellate High Court before reaching the Supreme Court…
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SC Appeal No. 166/2014: Enforcement of Performance Bonds in Sri Lanka
Introduction This report analyzes the Supreme Court of Sri Lanka case SC Appeal No. 166/2014, which arose from a dispute between K.D.A. Hettiarachchi (Plaintiff) and Ceylinco Insurance Company Limited (Defendant) regarding the enforcement of a performance bond. The case progressed through the District Court and the High Court before reaching the Supreme Court, which delivered its…
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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…
