Category: Legal Research
Contracts of Employment and Unfair Dismissals: An Evolving Landscape
Contracts of employment represent more than mere agreements between two parties; they are a critical framework for balancing rights, obligations, and expectations within the industrial and economic fabric of society. The evolution from a master-servant relationship to one governed by legal principles of equity and fairness underscores the increasing recognition of employees’ rights and the…
Terminating a Company’s Existence
The termination of a company’s existence is a structured and legally governed process aimed at ensuring fairness, transparency, and adherence to statutory obligations. This article delves into the various methods by which a company can cease to exist under the Companies Act No. 17 of 1982, detailing the processes of cancellation of registration, removal of…
Stamping of Documents in Legal Proceedings
Stamp duty represents a pivotal element in the legal framework, serving as a form of taxation on specific documents to ensure their validity and enforceability. Governed initially by Ordinance No. 22 of 1909, the regulation of stamp duty underwent significant transformations. These culminated in the enactment of the Stamp Duty Act No. 43 of 1982,…
The WTO, Labour Standards, and National Legislation: A Comprehensive Perspective
The post-World War I establishment of the International Labour Organisation (ILO) in 1919 was a landmark event in the history of global labour rights. Arising from the upheavals of war and class struggles, the ILO was tasked with promoting social justice and improving working conditions worldwide. Central to its mandate, as articulated in the 1944…
Insider Dealing in the Information Age
In the modern financial landscape, the importance of information cannot be overstated. Insider dealing, a term synonymous with the misuse of privileged information, has become a focal point of legal and ethical scrutiny in the information era. This offense, which once seemed overshadowed by tangible property crimes like theft and embezzlement, now commands equal, if…
Registration of Title: Resolving Land Ownership Challenges in Sri Lanka
Land ownership plays a pivotal role in economic development, individual wealth creation, and social stability. In Sri Lanka, however, the challenges of co-ownership, unclear titles, and persistent legal disputes have historically hindered land’s economic utility. The Registration of Title Act, No. 21 of 1998, marks a transformative step toward addressing these long-standing issues by introducing a…
Electronic Signatures: Perspectives, Challenges, and Solutions
In the digital age, where commerce and communication increasingly occur online, traditional methods of authentication, such as handwritten signatures, are being replaced by electronic signatures. This shift has prompted legal and technical challenges, requiring courts and legislatures worldwide to adapt. As e-commerce becomes a dominant driver of economic activity, the need for robust electronic signature…
Operation of the Arbitration Act in Sri Lanka
Arbitration, as a dispute resolution mechanism, is often hailed for its flexibility and enforceability. However, its effectiveness under the Arbitration Act No. 11 of 1995 in Sri Lanka has come under scrutiny. This analysis examines the intent, application, and perceived shortcomings of the Act while offering a roadmap for improvement. Historical Context Sri Lanka boasts…
The Banking System and Depositor Protection
Building trust among investors, both domestic and foreign, is essential for a strong financial system. A robust banking regulatory framework ensures banks are closely monitored, laws are strictly enforced, and failing institutions are either rehabilitated or removed from the system promptly. Such measures strengthen the financial system, maintaining its health and fostering growth. Key Challenges…
Liability of an Auditor in Delict
Auditing is a professional service where an auditor examines the financial accounts of a business entity to form and express an opinion on their accuracy, truth, and fairness. This process results in an audit report, a critical document that establishes legal relationships between various parties. The role of an auditor is governed by professional ethics…
Competition Law in Sri Lanka: An Overview
Competition law, often referred to as antitrust law, is a crucial aspect of ensuring fair market practices and preventing anti-competitive behavior in the corporate sector. Globally, such laws regulate monopolistic practices, abuse of dominant market positions, and mergers that reduce competition, thereby safeguarding consumer interests and promoting economic efficiency. Sri Lanka joined this global movement…
Crime and Security in Cyberspace
The rise of cyberspace as a “network of networks” has revolutionized communication, commerce, and content dissemination. However, its rapid proliferation has exposed vulnerabilities, leading to the emergence of cybercrime as a significant global challenge. This article delves into the complexities of cybercrime, the legislative responses, and the transnational dimensions of ensuring security in cyberspace. The…
An Overview of Debt Recovery Laws in Sri Lanka
Lending money and giving loans, also called “commercial credit,” are crucial for business and economic growth. Lenders usually require “security” from borrowers, which is a legal claim on property to ensure repayment. Lenders, including banks and financial institutions, support the economy by providing funds for businesses and individuals. To protect these institutions, governments have created…