Confidentiality and Proprietary Information
Case Overview Summary of the Case The Plaintiff, A.M. Thusith Nirmala Abeykoon, alleged that the Defendants engaged in unfair competition by misappropriating confidential information related to a Power Strip with Lightning Surge and Over Voltage Protection device invented by the Plaintiff. The Plaintiff sought a range of reliefs, including injunctive orders, financial compensation, and declarations…
“eZ Cash” Non-infringement and validity of Patent
Analysis of Case: Dialog Axiata PLC vs. Orleander International Limited 1. Introduction This case involves a dispute over the validity and alleged infringement of Patent No. 14841, concerning a mobile money transfer system. Dialog Axiata PLC (“Plaintiff”), Sri Lanka’s largest mobile network operator, initiated the action seeking declarations of non-infringement and invalidity of the patent held…
Maritime Contracts and Ship Arrests
The judgment of the Commercial High Court of the Western Province in the case between Fleet Management India Pvt Ltd (Plaintiff) and Hindage Oilfield (Defendants) offers significant insights into the adjudication of disputes under Admiralty Law. Below is an analytical review of the judgment, highlighting the legal principles, the court’s reasoning, and its implications. Case No: CHC. 06/2020/Rem 1. Ownership…
Alleged breach of integrity in the Grade 5 Scholarship Examination
The analysis of the consolidated judgment of four fundamental rights applications filed under Article 126 read with Article 17 of the Constitution of Sri Lanka. These cases address the alleged breach of integrity in the Grade 5 Scholarship Examination held on September 15, 2024, due to leaked questions. The petitioners argue that this breach infringed…
False declarations under Section 52 of the Customs Ordinance
Background Facts Legal Issues Court’s Analysis Decision Conclusion This case reinforces the principle that Customs authorities can pursue penalties for false declarations under Section 52, irrespective of prior amendments to declared values. It also underscores the importance of procedural fairness during inquiries, which the court found was adequately maintained. Read Full Judgement
Disputes over the liquidation process and the sale of company property
1. Introduction Ms. Daisy Pieris and Others V H.A. Pieris and Others. Court of AppealCA/Leave to Appeal/69/2006, Section 255 (c)and (f) of the Companies Act 17 of 1982 – Laches- Once a Winding up Order is made, the Directors cease to be in control of the Company – new ground cannot be considered for the first time…
Judicial intervention sought in the school admission process
This case delves into the judicial intervention sought in the admission process for Royal College, Colombo 07, focusing on the denial of a Grade 1 admission in 2014. The petitioner invoked the writ jurisdiction under Article 140 of the Sri Lankan Constitution, seeking to compel public authorities to fulfill their administrative obligations. 1. Case Information…
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…
Forfeiture of gratuity payments due to allegations of fraud
Background of the Case This case emerged from a grievance over the forfeiture of gratuity payments due to allegations of fraud and misappropriation involving the 5th Respondent, an employee terminated by Lanka Milk Foods. The core issue was whether the forfeiture of gratuity was valid under the Payment of Gratuity Act, No. 12 of 1983, and…
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…
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