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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: sri lanka supreme court Page 1 of about 29 results (0.021 seconds)

Feb 06 2014 (FN)

Central Finance Company Limited Vs. Janatha Estate Development Board

Court : Sri Lanka Supreme Court

..... ? it can be seen from the above that the respondent in this case is the injured person and has to be placed in the original position as if his contracts of indemnities have been performed rightly and lawfully. it has been decided in cases in other jurisdictions referred to above that the assureds right to be indemnified for any loss or damage ..... discussed. the very foundation, in my opinion, of every rule which has been applied to insurance law is this, namely that the contract of insurance contained in a marine or fire policy is a contract of indemnity and indemnity only, and this contract means that the assured, in case of a loss against which the policy has been made , shall be fully indemnified but shall ..... assured would be fully indemnified and the appellant cannot escape the liability attached under the indemnity contract. it will be useful to understand the meaning of the word indemnity? as the whole case is based on the interpretation of the letters of indemnities involved in this appeal. the word indemnity? derives from the latin term indemnis? combined with facere? meaning to make?. (garner: a ..... his part to pay. the appellant cannot absolve himself from the liability to pay under the above clause. it was the contention of the respondent that under the letters of indemnities , the appellant undertook to indemnify the respondent against all loss and damage suffered and all claims costs and expenses made against or incurred by the respondent directly or indirectly .....

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Feb 22 2013 (FN)

Kiran Atapattu Vs. Janashakthi General Insurance Co. Ltd.,

Court : Sri Lanka Supreme Court

..... higher than the civil standard of preponderance of probabilities. the arbitrators quoted extensively the following passage from malcolm a. clarke, the law of insurance contracts, 2nd edition at pages 711-2 pertaining to the law in england with respect to insurance contacts for the purpose of focusing firstly, on the ..... law applicable to the question of fraud in insurance contracts, and secondly, to show what the approach of english law was to such question:- the duty of good faith between the insurer and ..... payable under the policies. it is trite law that all contracts of insurance are governed by the duty of uberrimae fidei or utmost good faith, and any fraudulent claims arising from self-induced loss including those ..... applicant, while the respondent resisted the claims on the basis that the lorry was deliberately set on fire and that the claims made for indemnity are fraudulent, with the result that they must altogether fail. the arbitrators unanimously upheld the claims although they differed in regard to the quantum ..... the grounds on which the high court decided to set aside the awards made by the tribunal was that the said policies, which constitute the contracts based on which the claims were made, had not been properly certified. section 31 (2) is a mandatory provision, and provides that the .....

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Oct 27 2010 (FN)

Elgitread Lanka Vs. Bino Tyres (Private) Limited

Court : Sri Lanka Supreme Court

..... , inoperative or incapable of being performed.? (emphasis added) the words refer the parties to arbitration? as used in the convention seem to permit the national legislature of each contracting state to decide what sanctions should be imposed where the agreement to arbitrate is not adhered to by a party to such agreement. similarly, article 8 of the uncitral model ..... therewith or incidental thereto?. in this connection, he has also invited the attention of court to article ii paragraph 1 of the said convention, which provides that- each contracting state shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in ..... arise from the said agreement for arbitration has been defeated by physical impossibility. learned counsel for the respondent submitted that an agreement to arbitrate is in essence a contract, which like all other contracts, will be frustrated and discharged by reason of any unforeseen impossibility of performance. he has, in the course of his submissions, cited the celebrated decision in taylor ..... without a valid arbitration agreement, there can be no agreement to arbitrate without a manifestation of consent of parties to submit to arbitration any dispute that may arise from a contract entered into by them or other defined legal relationship. learned counsel for the appellant has referred us to a passage in russell on arbitration, 22nd edition by david st .....

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Jun 25 2009 (FN)

Peopleâandeuro;andtrade;s Bank No. 75 Vs. Yashodha Holdings (Pvt.) Lt ...

Court : Sri Lanka Supreme Court

..... rev. 376, 387 (1894) the judicial and professional conscience . . . could not forever endure a rule of law which enabled one party to a contract, perfectly innocent when made between natural persons, to keep the fruits of it and repudiate it because it had been made with an artificial person having no power ..... purporting to be on our behalf are hereby warranted true and correct and intended to be acted upon and shall form the basis of the contract or obligation intended to result from or arise upon your acting upon the request hereby made for an advance. 6. as borrowers we shall ..... refund, the law implies a debt, and gives this action (sc. indebitatus assumpsit) founded in the equity of the plaintiffs case, as it were, upon a contract ( quasi ex contractu? ) as the roman law expresses it).? this reasoning has been followed in england (re coltman; coltman v. coltman [1881], 19 ch.d ..... should be capable of being recovered. it is true that in sinclair v brougham [1914] ac 398, due to insistence of an imputed or fictional contract, the english house of lords missed an opportunity of developing a general restitutionary remedy to redress unjust enrichment, but we cannot forget the ancient authority of ..... 17 (2) of the sri lankan act of 2007 is to confine the doctrine of ultra vires to internal management but saving the actions and contracts of companies from invalidity. learned counsel for the respondent has strenuously contended that while section 17(2) of the companies act of 2007 has no .....

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Mar 11 2010 (FN)

Ajith Upashantha Samarasundara and Another Vs. Coats Thread Lanka (Pvt ...

Court : Sri Lanka Supreme Court

..... unjustly enriched himself by accepting wages from the appellant company whilst taking employment elsewhere. as mentioned previously wages are a natural right of the worker that flows from the contract of employment. the employer may in certain circumstances (as adverted to previously) decide not to provide work to the worker and prohibit him from attending to work. yet ..... measure pending inquiry to facilitate such inquiry. the hanley case refers clearly to suspensions of the first category. their lordships correctly held that, after electing to treat the contract as a continuing one the employers took upon themselves to suspend him (worker) for one day .thereby assessing their own damages for the servants misconduct at the sum which ..... his difficulty in attending the said inquiry on saturdays as he had obtained employment elsewhere. upon this revelation the appellant company considered the appellant as having repudiated his contract of employment of his own accord and volition. however the appellant also informed the respondent by a subsequent letter that his services would have been terminated in any ..... court misdirect itself by holding that the failure of the petitioner to conduct the domestic inquiry within reasonable time amounted to constructive termination? despite the respondent having repudiated the contract within 14 days of the suspension of his services? (f) did the high court misdirect itself by failing to consider that the respondent had, unjustly enriched himself by .....

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Oct 05 2012 (FN)

Associated Newspapers of Ceylon Ltd Vs. Pituwana Liyanage Shantha Chan ...

Court : Sri Lanka Supreme Court

..... the employer. under the current system of law in sri lanka, the author is not encouraged to create works outside the ambit of the employment contract or terms of work commissioned out of fear of losing rights to the work. this disincentive, in the future, could lead to lack of journalistic ..... them or the copyright expires. consistent with section 17(3) of the code, which refers to photographs taken in the course of employment under a contract of service, the berne convention also deems that the photographer is the sole owner of the copyright in a work upon its creation, in so ..... 17(3) of the code discusses works created in the course of employment indicating that where in the course of the author's employment under a contract of service or work commissioned, the rights in section 10 will be transferred to the employer or commissioner, where terms to the contrary are not stipulated ..... would require the ascertainment of new facts - this is especially so with respect to the question of the respondent's capacity to consent, as the contract of employment between the respondent and "aththa" newspapers was not an issue at the time of trial. it is well established that appellate review is ..... did not stipulate that the respondent would retain ownership of them, the appellant's failure to introduce or request the introduction of the contract between respondent and "aththa" newspapers into evidence for review, precluded the high court from being able to determine whether section 17(3)'s presumption was met .....

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Jun 28 2011 (FN)

Dheerasingha Arachchige Saroja Nisansala and Another Vs. John Laurence ...

Court : Sri Lanka Supreme Court

..... intention to avoid the payment of 100% as tax on the land transaction would clearly show the objective of the plaintiff-respondents action. however, unlawful intention alone cannot make the contract illegal. referring to unlawful intentions, prof. g.l. peiris (some aspects of the law of unjust enrichment in south africa and ceylon, pp. 72-73) states that, a significant development ..... , only prima facie evidence and is not enough by itself to make a contract to do that act illegal or void.? considering the submissions made by both learned counsel for the appellant as well as the plaintiff-respondent it is apparent that no arguments ..... void. in such cases we must look to the intention of the legislature to see whether the imposition of the penalty implies such a prohibition as to make the resulting contract void. the imposition by the legislature of a penalty on any specific act or omission is prima facie equivalent according to pollock to an express prohibition. such provision is however ..... of the land would have prevented the operation of trusts for unlawful purposes. referring to trusts for unlawful purposes, dr. cooray refers to prof. weeramantrys treatise on the law of contracts (the law of contracts, vol. i). prof. weeramantry, referring to the breach of revenue regulations clearly states that the mere breach of revenue regulations would not itself render illegal a .....

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Apr 03 2009 (FN)

Sri Co-operative Industries Federation Limited Vs. Ajith Devapriya Kot ...

Court : Sri Lanka Supreme Court

..... all plant, labour, documents, drawings, services in connection with the works described in these specifications and the tender drawings, all in strict accordance with the conditions set out in this contract document and as required for handing over the complete electrical installation (400/230v) which shall be fully operational in every respect and intent.? clause 9 of the part headed instructions ..... in question, and that the respondent could not have done any work under item 01.01 of the bill of quantities. he further contended that the parties had in fact contracted on the misunderstanding? that it was possible for the respondent to install the transformer when it was supplied by ceb or leco, but however, in fact it was leco that .....

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Mar 24 2014 (FN)

Athula Chandraguptha thenuwara and Others Vs. Chamal Rajapakse and Oth ...

Court : Sri Lanka Supreme Court

saleem marsoof, pc., j. these fundamental rights applications were filed in terms of article 17 read with article 126 of the constitution in the wake of the presentation to the 1st respondent, who is the hon. speaker of the house of parliament, of a notice of resolution for the removal of the 43rd chief justice of sri lanka, hon. (dr.) upathissa atapattu bandaranayke wasala mudiyanse ralahamilage shirani anshumala bandaranayake, in terms of article 107(2) and (3) of the constitution of sri lanka read with order 78a of the standing orders of parliament. the petitioner in sc application 665/12 (fr), who is an artist by profession, sought redress for the alleged violation of his fundamental rights enshrined in articles 12(1), 12(2), 14(1)(a) and (b) of the constitution. similar applications were also filed by the petitioner in sc application 666/12 (fr), who is an attorney-at-law and holds the post of general secretary of the inter company employees union, the petitioner in sc application 667/12 (fr), who is the general secretary of the ceylon teachers service union, and the petitioners in sc application 672/12 (fr), who are respectively the president, the secretary, the treasurer, and the assistant secretary of the bar association of sri lanka, which is, a representative body consisting of approximately eleven thousand attorneys-at-law of the supreme court of sri lanka. when the aforesaid applications, filed by the respective petitioners allegedly in their own right and in the .....

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Mar 04 2009 (FN)

M. Azath S. Salley Vs. Colombo Municipal Council and Others

Court : Sri Lanka Supreme Court

..... company the sole and exclusive right to search and explore the phosphate and other minerals in the exploration area, to conduct test or pilot operations at any location within the contract area and to develop and mine under mining licenses any phosphate deposits (including associate minerals) found in the exploration area. the petitioners, being residents of eppawela engaged in cultivation and .....

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