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Judgment Search Results Home > Cases Phrase: contract of indemnity contract Sorted by: recent Court: sri lanka supreme court Year: 2013 Page 1 of about 5 results (0.020 seconds)

Feb 22 2013 (FN)

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

Court : Sri Lanka Supreme Court

Decided on : Feb-22-2013

..... 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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Nov 18 2013 (FN)

Rohan Ajith Jude Silva, of Walauwwa, Kochchikade Vs. Y.B. Aleckman, of ...

Court : Sri Lanka Supreme Court

Decided on : Nov-18-2013

..... cases in which any matter is required by law to be reduced to the form of a document, no evidence shall be given in proof of the terms of such contract, grant, or other disposition of property, or of such matter, except the document itself, or secondary evidence of its contents in cases in which secondary evidence is admissible under the ..... court as evidence. this failure to adduce the decision of the court is in contravention of section 91 of the evidence ordinance which states that: "when the terms of a contract, or of a grant, or of any other disposition of property have been reduced by or by consent of the parties to the form of a document, and in all ..... . limited v l.c.h. peiris (74 nlr 261) where thamodaram j stated that: "the relationship of a proctor and client may well be a contract of agency but there is no law requiring that the contract should be in writing. a proxy is a writing given by a suitor to court authorizing the proctor to act on his behalf". further, there .....

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Aug 05 2013 (FN)

Lionair (Private) Limited, Colombo Airport, Ratmalana Vs. Ceylinco Lea ...

Court : Sri Lanka Supreme Court

Decided on : Aug-05-2013

..... raised on behalf of ceylinco leasing. lionair raised issues 51 to 57, wherein it put in issue whether the aforesaid strategic alliance agreement was a contract between ceylinco leasing and lionair; whether the 12 promissory notes pleaded were enforceable in law; whether the said notes were issued for valuable consideration; whether ..... for repayment of the loans. he also submitted that witness nonis has stated in evidence that he was not aware whether there was a written contract or not, and was only aware that certain amounts of money had been advanced to lionair after obtaining the promissory notes. he submitted that the ..... totality of the evidence clearly established that the action was based on unwritten contracts of loan entered between ceylinco leasing and lionair. adverting to the wording of the letters of demand marked p-3, p-5, p-7, p ..... loan, which is defined by wille's principle of south african law, (9th edition by francois du bois) chapter 31, pages 948-949 as a "contract in terms of which one person ('the lender') agrees to deliver something, or things that can be consumed by use to another person ('the borrower') ..... and that the agreed rate of interest was 20 per cent, and that the said promissory notes embody in full the terms of each such contract of loan. in these circumstances, in my opinion, there is no necessity to call in aid the presumption adverted to by walter perera on .....

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Jul 30 2013 (FN)

Araliya Impex (Private) Limited and Others Vs. Bank of Ceylon

Court : Sri Lanka Supreme Court

Decided on : Jul-30-2013

..... proceedings specified in the first schedule to this act, if the party or parties defendant to such action resides or reside, or the cause of action has arisen, or the contract sought to be enforced was made, or in the case of applications or proceedings under the companies act, no. 17 of 1982 the registered office of the company is situated .....

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Jun 25 2013 (FN)

Hatton National Bank Limited, Vs. Casimir Kiran Atapattu and Another

Court : Sri Lanka Supreme Court

Decided on : Jun-25-2013

..... the arbitral tribunal in the instant case. it is trite law that the mandate of the arbitrator or arbitral tribunal has to be discerned from the arbitration clause in the contract under which the dispute was referred for arbitration, or from the submission agreement, but will be further delineated for instance, by the terms of reference in an icc arbitration. since .....

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