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Determining consent in rape cases

Determining consent in rape cases: Supreme Court Rejects ‘Rape Myths’ 

Title: Punchihewage Sampath Kumara alias Bindu v Hon. Attorney GeneralCase number: S.C.APPEAL 16/2021Decided on: 05/12/2025Before: A.H.M.D. NAWAZ, J. ACHALA WENGAPPULI, J. ARJUNA OBEYESEKERE, J. Consent in rape cases – Either she consented or she did not, no middle ground In a landmark 2025 judgment, the Supreme Court firmly rejected the use of stereotypes and so-called […]

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Servitude and Prescription - Natural waterflow

Servitude and Prescription | Insights from the Sri Lankan Supreme Court Judgment – Peiris v. Perera

Servitude and Prescription – The Supreme Court decision in W. Arthur Deepal Peiris and Others v. Ranil Perera (SC Appeal 37/2014) has reinforced critical principles of property law, particularly concerning servitudes and prescription, natural water flow rights. The case, which arose from a dispute over rainwater drainage, delves into foundational legal doctrines, including ius fluminis, servitudes by prescription,

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Bigamy & Void Marriages in Sri Lanka

Bigamy & Void Marriages in Sri Lanka: When Second Marriage is Invalid

An Analysis of SC Appeal No. 211/2012: Bigamy & Void Marriages. The Integrity of Matrimonial Law. Case Title: Udagepolage Gunasiri Seneviratne vs Pattiya Widanage Carmen PremalathaCourt : Supreme Court of Sri Lanka | SC APPEAL 211/2012Before: Priyasath Dep P.C., J., Priyantha Jayawardena P.C., J & Anil Gooneratne J. Introduction The decision of the Supreme Court of Sri

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Understanding Issue Estoppel in Evidence Law

Understanding Issue Estoppel in Evidence Law | Application – Criminal Law – Civil Law

Associated with the doctrines of law pertaining to estoppel and res judicata, is another doctrine referred to as ‘issue estoppel’. Spencer Bower and Handley on “Res Judicata” states that, “ a decision (a reference to the final judicial decision contained in a previous case) will create an issue estoppel, if it is determined as an issue in a cause of

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Boundaries & Co-ownership rights

Boundaries & Rights of co-owners | Case Analysis: Alfred Fernando v. Julian Fernando (1987) 2 Sri LR 78

This important Court of Appeal decision explores the legal parameters of actions for the definition of boundaries – actio finium regundorum – under Sri Lankan law, elucidating the rights of co-owners, the nature of proof required, and the limitations of such actions. It is frequently cited for its comprehensive synthesis of principle and its distinction

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Custody & Guardianship in Sri Lanka

Child Custody & Guardianship in Sri Lanka: Explore a comparative perspective

Child custody & guardianship in Sri Lanka is one of the most emotionally charged and legally complex aspects of family law. In Sri Lanka, the law around these issues has undergone a gradual transformation – moving away from rigid patriarchal traditions toward a more child-centered approach. But how does Sri Lanka’s system compare to other

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Can state institutions hide legal fees

Can state institutions hide legal fees? Court says public money must remain open to scrutiny – Right to Information Act Sri Lanka

Title: Sri Lanka Telecom PLC v Right to Information Commission and C. J. WijayawardhanaCase number: CA/RTI/0002/2023Decided on: 2025-07-03Before: Dr. Sumudu Premachandra J.; R. Gurusinghe J. Introduction In another important decision strengthening Sri Lanka’s Right to Information regime, the Court of Appeal ruled that legal expenses incurred by public institutions cannot be hidden from public scrutiny

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Child Marriage In Sri Lanka

Child Marriage in Sri Lanka

Introduction Child marriage in Sri Lanka remains a pressing human rights issue, where personal laws and constitutional rights often clash. Despite legal reforms and international pressure, the practice persists, particularly in Muslim communities governed by personal laws that allow underage marriages. This article explores the conflict between personal laws and constitutional rights in Sri Lanka,

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Helping Hambantota Case

Helping Hambantota Case Analysis

Mahinda Rajapakse  v.  Chandra Fernando and others (the Helping Hambantota case) SC(FR) App: No. 387/2005 The Bench comprised Chief Justice, Sarath N. Silva, Justice Shirani Tilakawardena, and Justice N.E. Dissanayake. In this case Mahinda Rajapakse cited Chandra Fernando IGP, Lionel Gunatilake, DIG, P. Ampawila, Inspector of Police, Kabir Hashim, MP, and the Attorney General as

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