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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: sri lanka supreme court Year: 2011 Page 1 of about 2 results (0.027 seconds)

Jun 28 2011 (FN)

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

Court : Sri Lanka Supreme Court

Decided on : Jun-28-2011

..... 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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Mar 17 2011 (FN)

Browns and Company Plc Vs. Minister of Labour and Others

Court : Sri Lanka Supreme Court

Decided on : Mar-17-2011

..... this submission completely overlooks the fact that the jurisdiction of the arbitrator is an equitable one, and he is not constrained by the provisions of the contract of employment. furthermore, the arbitrator had in his award viewed the provision of a company vehicle as a concession? rather than a legal obligation, ..... of a vehicle by the company has not been included by the company as a term in the letter of appointment, which is the contract of employment. therefore the provision of this facility cannot be considered as obligatory of the employer. it could rather be considered as a concession ..... his award that the provision of a vehicle by the company has not been included as a term of the letter of appointment which is the contract of employment, and therefore the provision of this facility cannot be considered as obligatory on the employer; and (d) in any event, the ..... the court of appeal totally fail to take into consideration that- (a) the claim for cost of travelling was admittedly not in the terms of the contract; (b) the 4th to 6th respondents (relevant employees) did not claim that they were entitled to a company maintained vehicle, but only claimed that the ..... subsidiary companies, whether such department, branch, or associate or subsidiary is or is not in existence at the time of the commencement of this contract of employment?. he specifically determined that they had not been issued with any letters of appointment by browns engineering, and the letter of transfer dated .....

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