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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Court: sri lanka supreme court Year: 2010 Page 1 of about 7 results (0.019 seconds)

Oct 27 2010 (FN)

Elgitread Lanka Vs. Bino Tyres (Private) Limited

Court : Sri Lanka Supreme Court

Decided on : Oct-27-2010

..... , 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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Mar 11 2010 (FN)

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

Court : Sri Lanka Supreme Court

Decided on : Mar-11-2010

..... 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 27 2010 (FN)

Jamaldeen Abdul Latheef and Another Vs. Abdul Majeed Mohamed Mansoor

Court : Sri Lanka Supreme Court

Decided on : Oct-27-2010

..... silent as to the necessity of any special solemnities for the valid constitution of the mandate of an attorney, and nowhere in his treatise on the contract of mandate does pothier advert to the necessity for notarial attestation for this purpose; (e) van leeuwen, in his censura forensis (part 1, lib ..... consider very pertinent:- now it is manifest that the object of the (prevention of frauds) ordinance was to secure the most solemn proof of the contract, and not to let it depend upon the very fallible proof which parol evidence would, more especially in this country, afford. it would be ..... of authority or power to another to enter into any sale, purchase, transfer, assignment, or mortgage of land or other immovable property, was a contract or agreement for establishing any security, interest, or incumbrance affecting landwithin section 2 of ordinance no. 7 of 1840, and was governed by ..... page 93) for the declaration of title combined with ejectment of a person who is related to the plaintiff by some legal obligation (obligatio) arising from contract or otherwise, such as an over-holding tenant (pathirana v. jayasundara (1955) 58 nlr 169) or an individual who had ousted the plaintiff from ..... rei vindicatio is essentially an action in rem for the recovery of property, as opposed to a mere action in personam, founded on a contract or other obligation and directed against the defendant or defendants personally, wherein it is sought to enforce a mere personal right (in personam). the .....

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Mar 02 2010 (FN)

Timberlake International Pvt. Ltd and Others Vs. M.P.A.U.S. Fernando, ...

Court : Sri Lanka Supreme Court

Decided on : Mar-02-2010

..... times and from which it gained pecuniary and other benefits. there is in effect a legitimate expectation created not only in the other party to the contract, namely pussellawa pltd, but also in the conservator-general of forests on whose behalf the stipulations contained in clause 7(d) and (e) of ..... or in any regulation made thereunder, is in essence a tax, as contended by timberlake ipltd., or a proprietary charge sought to be imposed under a contract, as urged by the appellants. learned additional solicitor-general for the appellants submitted that stumpage? is a payment made to the owner of the forest ..... the roman-dutch law to enforce by action the pact in his favour, although he was not one of -the contracting parties (vide perezius on donations, bk. viii; tit. 55, s, 5).? learned presdients counsel for timberlake ipltd, has however contended that the writ ..... ventured to stress, the conservator-general of forests is entitled, under our common law principle of stipulatio alteri, to benefit from any stipulation contained in a contract between two other persons. as keuneman, j. observed in de silva v margaret nona 40 nlr 251 at page 253, a person is entitled under ..... and timberlake ipltd was purely commercial in nature, it was not amenable to the writ jurisdiction of the court of appeal. in other words, this contract was in the realm of private law and did not attract public law remedies such as the writ of certiorari or mandamus. as against this, .....

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Oct 07 2010 (FN)

M/S. Singer Industries (Ceylon) Ltd. Vs. the Ceylon Mercantile Industr ...

Court : Sri Lanka Supreme Court

Decided on : Oct-07-2010

..... vol. i at page188: one of the recurring problems in the industrial law is, how far the relationship between an industrial employer and his employees is explicable in terms of contract. the relation is partly contractual in that mutual obligation maybe created by an agreement made between the employer and workman. for instance the agreement may create an obligation on the ..... of parties consistent with the need to ensure fairness and equity, the state has brought in legislative regulations to restore the balance of power between the parties. therefore industrial contracts unlike the normal contracts, are partly contractual between the employer and employee, and also partly non contractual, in that the state by means of legislature or through industrial adjudication, may prescribe ..... search for offer and acceptance is convenient and adequate as an aid to determining with precision the moment at which agreement is reached, and perhaps the exact terms of the contract.? at page 123 (paragraph 124) author further goes on to say that: a counter offer is an alternative proposal made by the offeree in substitution for the original offer. ..... .e. from the 21st year, and further this offer, as mentioned at the discussion is tied down to agreement being reached on the following matters: a) guarantors for hire purchase contracts, b) housing loans, c) designations in electronic department, d) presence of foremen during overtime. further it goes on to say that these are the matters on which the 1st .....

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Mar 15 2010 (FN)

Stassen Exports Limited, Vs. Brooke Bond Group Ltd., One Watergate, an ...

Court : Sri Lanka Supreme Court

Decided on : Mar-15-2010

marsoof, j: this is an appeal from a decision of the commercial high court of colombo dated 22nd october 1999 dismissing the action filed by the plaintiff-appellant (hereinafter referred to as the appellant?), seeking inter alia to remove from the register maintained by the registrar of trade mark under the now repealed code of intellectual property act no. 52 of 1979, as subsequently amended, the trade mark bearing no. 12307 registered in the name of the 1st defendant-respondent, brooke bond group ltd of watergate, london, united kingdom, and currently licensed to the 2nd defendant-respondent, brooke bond (ceylon) pvt ltd. it is common ground that brooke bond group ltd is a company duly incorporated in the united kingdom and was previously named and known as brooke bond liebig ltd. and brooke bond group plc respectively. it is also an admitted fact that brooke bond (ceylon) pvt ltd. was, on the date the original action was filed, a wholly owned subsidiary of brooke bond group ltd. the essence of the dispute was whether the words red label used with the brooke bond trade mark bearing no. 12307 was sufficiently distinctive so as to prevent the appellant using the words red medal with its trade mark bearing no. 53509. the action, which was originally filed in the district court of colombo in 1991 and was pending at the time on the appointed date? specified in the order made under section 2(1) of the high court of the provinces (special provisions) act no. 10 of 1996, stood .....

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Dec 15 2010 (FN)

Kotagala Plantations Ltd Vs. Ceylon Planters Society

Court : Sri Lanka Supreme Court

Decided on : Dec-15-2010

..... that the application be dismissed. the 2nd respondent-respondent-appellant filed answer stating that it was the managing agent of the 1st respondent-respondent-appellant and that there was no contract of employment between the said seneviratne and the 2nd respondent-respondent-appellant. after trial the labour tribunal held that the termination of the services of the said seneviratne was justified ..... learned high court judge in his judgment states that the employer has acted in breach of the conditions of its sales agreement apparently meaning the terms and conditions of the contract of employment by stating that there is a duty cast on the employer to provide a safe place of work for the employee and that in the instant case the .....

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