Category: New SC Judgements
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…
 Finality of a Partition Decree
Kahandawala Arachchige Indrawansha Vs Mahakumbure Gedara Sandamali Thilakarathne Case Overview This case arises from a partition action initiated by the Plaintiff in the District Court, which culminated in an interlocutory decree in 2001 and a final decree in 2002. Subsequent execution of the decrees faced resistance, leading to contempt proceedings and settlements. Years later, a…
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…
Coca-Cola Beverages Sri Lanka Ltd. v. Public Health Officer, Mahasenpura
Background of the Case The case involves Coca-Cola Beverages Sri Lanka Ltd., accused of violating Sri Lanka’s Food Act, No. 26 of 1980, and Food (Labelling and Advertising) Regulations 2005 by selling a bottle of “Lion” ginger beer that allegedly lacked essential label information, including the batch number, date of manufacture, and expiry date. The…
Attorney General v. Hemasiri Fernando (SC TAB 02/2023)
1. Introduction This case involves an appeal to the Supreme Court of Sri Lanka by the Attorney General challenging the acquittal of Hemasiri Fernando, the former Secretary of the Ministry of Defence, who faced multiple charges related to the tragic Easter Sunday bombings of April 21, 2019. These bombings, carried out by suicide attackers, resulted in…