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,…
Kapila Nishshanka Kumarage v. Officer-in-Charge, Special Crimes Investigation Bureau, Police Station, Ratnapura
Case Background 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 the complainant, Kalawitigoda Pathirannalage Chandralatha, under the pretense of needing it for a business purpose. He…
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…
W.M. Mendis & Co. Ltd & Anr. v. I.M.S. Bandara Illangasinghe & Others (CA/WRIT/704/2024)
1. Background of the Case This case concerns an application for a writ of Certiorari filed by the petitioners, W.M. Mendis & Co. Ltd and its director, Mr. Anthony Randev Dinendra John, challenging certain orders made by the Magistrate’s Court of Colombo related to unpaid taxes. The case was argued before the Court of Appeal of Sri Lanka,…
The Economic Transformation Act, No. 45 of 2024
The Economic Transformation Act, No. 45 of 2024, outlines Sri Lanka’s national strategy for economic growth, investment attraction, and global trade integration. This Act addresses challenges in the evolving global economy, establishing new institutions and policies for a robust, competitive economy. Key elements include:
Sri Lanka Electricity Act, No. 36 of 2024
The Sri Lanka Electricity Act, No. 36 of 2024, introduces comprehensive reforms across the electricity sector aimed at restructuring management, operations, and policy to improve efficiency, encourage investment, and support renewable energy goals. In essence, this Act is designed to modernize the electricity sector, fostering a sustainable, competitive environment that attracts investment and meets Sri…
Consolidated Civil Procedure Code (2024)
Download consolidated Civil Procedure Code with all amendments upto Act No. 43 of 2024. Free Download.
New Bill for Proceeds of Crime
New Bill to provide for the recovery of proceeds of crime; to provide for the investigation, restraint, forfeiture and disposal of proceeds of crime; to provide for the protection, preservation, management of restrained proceeds of crime; to establish the Proceeds of Crime Management Authority; to provide for inter-agency cooperation and international collaboration relating to the…
Protecting Attorney-Client Privilege and Work Product in a GenAI World
This checklist provides guidance for protecting attorney-client privilege and work product in the environment of generative artificial intelligence (AI). The checklist specifically gives an overview of AI uses in the law today, offers a brief summary of the attorney-client privilege and the work-product doctrine protections, raises attorney-client privilege and work-product doctrine issues regarding the use…
Scope of legal professional privilege in Sri Lanka
What is protected by legal professional privilege? While neither the Evidence Ordinance nor the Supreme Court Rules explicitly reference the term “legal professional privilege,” legal professional privilege operates in Sri Lanka in a similar manner to other common-law jurisdictions. Evidence Ordinance Under the Evidence Ordinance, no attorney is permitted, unless with a client’s express consent,…
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