Category: Sri Lanka
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).…
Copyright law applicable to Online Legal information providers in Sri Lanka
The Intellectual Property Act No. 36 of 2003 of Sri Lanka provides comprehensive guidance on the protection of copyright and intellectual property. A critical exemption from copyright protection is outlined in Section 8(b), which states that “no protection shall be extended under this Part to any official text of a legislative, administrative, or legal nature, as well as…
 ‘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…
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…
Divorce – What constitutes the matrimonial offence of Constructive Malicious Desertion – Cohabitation
Mangalika De Silva (nee Hemachandra) v. Prabhath Joseph De Silva Background: This Supreme Court case involves a divorce suit initially filed by Mangalika De Silva against her husband, Prabhath Joseph De Silva. The District Court granted a divorce based on the husband’s adultery and malicious desertion and ordered him to transfer his half share of…
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…