Case Analysis: TikTok Inc., et al. v. Merrick B. Garland, Attorney General
The Supreme Court of the United States ruling in TikTok Inc., et al. v. Merrick B. Garland, Attorney General (Nos. 24–656 and 24–657) represents a landmark decision addressing the intersection of national security and First Amendment rights. This case examined the constitutionality of the “Protecting Americans from Foreign Adversary Controlled Applications Act” (the Act) as it applied…
Local Authorities Elections (Special Provisions) Bill
Introduction The “Local Authorities Elections (Special Provisions) Bill” was introduced in the Parliament of the Democratic Socialist Republic of Sri Lanka on January 9, 2025. The primary purpose of this bill is to address procedural and administrative gaps arising from the postponement of local authority elections initially scheduled for March 9, 2023. It establishes provisions for…
Legal Analysis of S.C. (CHC) Appeal No. 22/2010: Pramuka Savings and Development Bank vs. Habib Bank AG Zurich
Introduction This report examines the Supreme Court of Sri Lanka’s decision in S.C. (CHC) Appeal No. 22/2010, a pivotal case involving a dispute over financial transactions between Pramuka Savings and Development Bank Limited (Plaintiff-Appellant), later substituted by Sri Lanka Savings Bank Limited, and Habib Bank AG Zurich (Defendant-Respondent). The core issue pertained to whether the Defendant Bank had a…
Judicial Finality and the Limits of Inherent Powers: Analysis of Suntel Limited v. Electroteks Network Services and Dialog Broadband Network
Case Details Suntel Limited v. Electroteks Network Services Private Limited and Dialog Broadband Network (Private) Limited. Case Number: SC/MISC/03/2019 Court: Supreme Court of the Democratic Socialist Republic of Sri Lanka. Judgment Date: 19 May 2023 Background of the Case This case arises from a commercial dispute involving Suntel Limited, later amalgamated with Dialog Broadband Network…
List of Cases Filed under the Online Safety Act of Sri Lanka
The Online Safety Act of Sri Lanka, officially named “The Online Safety Act No. 51 of 2023”, was enacted on November 29, 2023. The law aims to protect individuals from harmful online content, including misinformation, cyberbullying, and defamation. It empowers authorities to take legal action against those who spread false information or engage in harmful online activities.…
Proof of Shipment Under Letter of Credit Transactions: Expectations of Banks
A Letter of Credit (LC) is a financial instrument issued by a bank at the request of a buyer to guarantee timely payment to a seller upon the presentation of specified documents. This mechanism ensures compliance with agreed terms, offering a layer of security for international trade transactions. Despite its efficiency, Letters of Credit operate…
A Comparative Analysis of Time Limits for Employee Relief Applications
Time limitations regarding applications for relief following employment termination have become critical in industrial law. These limits are designed to ensure timely recourse while preventing administrative delays. This article examines the evolution of time limits in Sri Lanka, their implications for employees and employers, and proposes recommendations for reform to address existing challenges. Historical Context…
Freedom of Expression and the Right to Information: Pillars of Democracy and Good Governance
Freedom signifies the absence of control, interference, or restriction. Within this context, freedom of expression refers to the unrestrained ability to articulate one’s views, ideas, emotions, and thoughts. However, this right must coexist harmoniously with other universal freedoms, necessitating reasonable limitations to protect public interest, societal order, and individual rights. Historical Evolution of Freedom of…
Smuggling of Human Cargo and Liability Issues: Perspectives in International Law
Illicit or irregular migration is a global phenomenon, often analyzed from the perspective of the destination country. However, it is inherently a multilateral issue involving countries of origin, transit, and destination. Origin countries are implicated when individuals leave without valid travel documentation. Transit countries face challenges when migrants lack proper transit visas, while destination countries…
Corporate Takeovers: Regulatory Frameworks, Challenges, and International Comparisons
Corporate phenomena such as takeover offers—exemplified by Hatton National Bank’s bid for control of the Commercial Bank of Ceylon and the contest between Vanik Incorporated Ltd and Asia Capital Ltd over Forbes Ceylon Ltd—highlight the importance of regulatory frameworks like the Company Takeovers and Mergers Code of Sri Lanka. This code, introduced by the Securities…
Impact of the New Sri Lanka Telecommunications (Amendment) Act, No. 39 of 2024
1. Overview The “Sri Lanka Telecommunications (Amendment) Act, No. 39 of 2024” introduces significant changes to the 1991 principal enactment, focusing on regulatory oversight, market competition, consumer protection, and the management of telecommunications infrastructure. These amendments aim to modernize the regulatory framework, ensuring fair competition, technological advancements, and compliance with international standards. 2. Key Amendments…
Anilana Hotels failure to settle construction payment
Background of the Case The dispute arises from a contractual agreement between the Plaintiff and Defendant, entered in 2012, regarding the construction of chalets on a beachfront property. The Plaintiff, as the contractor, carried out construction based on certified Interim Payment Certificates (IPCs) issued by Mano Ponniah Associates Pvt. Ltd., the project’s appointed chartered architects…
Petition for Winding-up of Expo Brand Packs (Pvt) Ltd
Case Overview The Commercial High Court of the Western Province, Colombo, issued a significant order in Case No. CHC 70/2016/CO regarding the winding-up proceedings of Expo Brand Packs (Pvt) Ltd., under Part XII of the Companies Act, No. 07 of 2007. This case illustrates essential aspects of corporate insolvency law, the role of liquidators, and…
Corporate Veil and Unjust Enrichment
1. Case Overview This case was heard in the High Court of the Western Province under the Commercial jurisdiction. The plaintiff, Pussalla Meat Producers (Pvt) Ltd, sought relief against the defendant, Wewalage Nirmala Priyanthi Fernando, for an amount of Rs. 166,844,161.46 and an injunction to prevent her from alienating or encumbering specific property alleged to have been…
Dispute over Telecasting rights of Sinhala films, “Nohadan Amme” and “Thakkita Tharikita”
Case Title: Tissa Nagodawithana Films (Pvt) Ltd. v. Hemapriya Kandamby & Independent Television Network Ltd. Case Number: CHC/25/2014/IP Court: High Court of the Western Province, Colombo (Civil/Commercial Jurisdiction) Judgment Date: October 8, 2024 Introduction This case concerns a dispute over the telecasting rights for two Sinhala films, “Nohadan Amme” (referred to as “Samawenna Ma Raththarane” in…
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