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.…
Judicial Review of Child Abduction Case: CA (CPA) 162/2022
Case Title: CA (CPA) Application No: 162/2022Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaHigh Court Case No: HC/SPL/20/2018Date of Decision: 03.03.2025Presiding Judges: S. U. B. Karalliyadde, J., Mayadunne Corea, J. Introduction This judicial review provides an in-depth analysis of the revision application filed against the order dated 08.12.2022 of the Provincial High Court of Western Province,…
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…
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…
Judicial Review of Land Lease Cancellations in Case CA/WRIT/146/2018
Introduction The case CA/WRIT/146/2018 was adjudicated in the Court of Appeal of the Democratic Socialist Republic of Sri Lanka. The petitioners sought mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus under Article 140 of the Constitution. The petitioners included Forest Glen Hotel and Spa (Pvt) Ltd, Elk Plain Farm (Pvt) Ltd, and their…
Nagananda Kodituwakku v. Director General of Customs & Others
Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaCase Number: CA [Writ] Application No: 315/2018Judges: Dhammika Ganepola, J. and Damith Thotawatta, J.Decision Date: 14th February 2025 Introduction This report analyzes the case filed by Nagananda Kodituwakku in the Court of Appeal of Sri Lanka. The petitioner sought writs of Certiorari and Mandamus under Article 140 of the Constitution in the…
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…
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…
Value Added Tax (Amendment) Bill, 2025
1. Introduction The Value Added Tax (Amendment) Bill, 2025, seeks to revise the Value Added Tax Act, No. 14 of 2002, by introducing new provisions for taxation, modifying tax structures, and eliminating existing schemes. This report provides an analysis of the key changes and their implications. 2. Key Amendments 2.1 Taxation on Non-Resident Electronic Service Providers…
Inland Revenue (Amendment) Bill, 2025
1. Introduction The Inland Revenue (Amendment) Bill, 2025, seeks to modify key provisions of the Inland Revenue Act, No. 24 of 2017. The amendments primarily focus on tax refund timelines, tax rate adjustments, and exemptions applicable to personal and corporate income taxation. This report evaluates the implications of these changes on taxpayers, businesses, and government revenue.…
United States SEC v. Surage Kamal Roshan Perera and Janues Capital Incorporated
1. Introduction This report analyzes the legal case initiated by the U.S. Securities and Exchange Commission (SEC) against Surage Kamal Roshan Perera and his firm, Janues Capital Incorporated. The case, filed in the United States District Court for the Eastern District of New York, alleges fraudulent investment practices by the defendants, resulting in significant investor losses.…
Affidavits: Legal Principles, Case Law, and Key Judgments
Introduction An affidavit is a written statement sworn to be true by the deponent, used as evidence in legal proceedings. Affidavits play a crucial role in both civil and criminal cases, serving as evidence in court, administrative proceedings, and business transactions. This article explores the legal principles surrounding affidavits, significant case law, and key judicial…
Administrators and Executors in Sri Lanka: Legal Framework and Case Law
Introduction In Sri Lanka, the roles of administrators and executors are crucial in managing and distributing the estate of a deceased person. Their legal standing, responsibilities, and duties are guided by statutory laws and judicial precedents. This article delves into the administration of estates under Sri Lankan law, highlighting key legal principles and relevant case law.…
Conviction under the Prevention of Money Laundering
Under the Prevention of Money Laundering Act, No. 5 of 2006 (as amended) in Sri Lanka, the prosecution must establish the following elements to secure a conviction for money laundering: The accused must have:• Converted or transferred property knowing or having reason to believe that such property is derived from an unlawful activity.• Concealed or…
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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