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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: sri lanka supreme court Page 2 of about 29 results (0.027 seconds)

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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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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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 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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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 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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Mar 05 2012 (FN)

Surendra Das and Others Vs. G. Jeevananthan David and Others

Court : Sri Lanka Supreme Court

suresh chandra j, this is an appeal from an order of the court of appeal dated 27th march 2009 refusing an application made by the petitioner respondent petitioner appellant (hereinafter referred to as the appellant) to the court of appeal by raising a preliminary objection that the defendant- petitioners respondents (hereinafter to referred to as the respondents) had not averred in their petition that they have not previously invoked the jurisdiction of the court of appeal in respect of the subject matter of the application before the court of appeal and further that the respondents had not filed certain material documents with its petition nor reserved the right to tender the said documents at a later stage. the learned district judge of horana made an order dated 30th november 2006 to issue an interim injunction restraining the defendants from selling, transferring, mortgaging or leasing the property described in the schedule to the plaint of the said action in the district court and being aggrieved by the said order the respondents filed an application for leave to appeal to the court of appeal to set aside the said order of the learned district judge. at the hearing of the application for leave to appeal the learned presidents counsel appearing for the appellant raised a preliminary objection that the defendants have failed to aver in their petition that they have not previously invoked the jurisdiction of the court of appeal and to produce material documents .....

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Feb 03 2012 (FN)

M.R. Ranasinghe Vs. Kotagala Plantations Limited

Court : Sri Lanka Supreme Court

..... as the petitioner) was originally an employee of the sri lanka state plantations corporation from october 1975 .consequent to the privatization of the plantations from 22nd june 1992 the petitioners contract of employment was vested with the respondent - respondent -respondent (hereinafter referred to as the respondent). as specified in the terms and conditions of the gazette notification, bearing no720/2 and ..... spelt out a guideline for the labour tribunal and the courts to follow in the event such situations arise. as equity must operate with regard to both parties in a contract of employment, it is important to note that contribution to ones own dismissal in the form of misconduct could justify termination of his services by the employer. this however does .....

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Jan 31 2012 (FN)

Prof. Hapugahange Ranjith Wimalanath Dharmaratne and Others Institute ...

Court : Sri Lanka Supreme Court

..... fr application no. 73/07 have sought inter alia, an order from this court quashing the decision contained in the memorandum dated 19th january 2007 (p11) not to extend their contracts of service beyond 18th february 2007, it is relevant to note that the said decision was taken by the board of governors of ifs at a meeting held on 18th ..... 12(1) of the constitution, through certain decisions taken by the institute pertaining to the continuity of their contracts of service at ifs. when the first of these applications, namely, sc fr application no. 73/2007 was taken up for support on 28th march 2007, after hearing submissions of ..... was a very distinguished scientist who had functioned as the director of ifs from 6th may 1998 up to 5th may 2008. they were all employed at the ifs on contract basis, and in their petitions filed in this court in terms of article 126(1) of the constitution, they complain of violations of their respective fundamental rights guaranteed by article .....

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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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