Navigating the complexities of global jurisprudence.

WHAT IS A POWER OF ATTORNEY (POA)? A POA means any written power or authority given by one person to another to represent him/her to perform any work, do any act or carry on any trade or business. TYPES OF POA * General Power of Attorney: A General POA permits the Attorney to act on the Principal's behalf in all matters connected with the Principal's affairs. * Special Power of Attorney: A Special POA grants the Attorney the authority to act on the Principal's behalf in specific matters or

The Court of Appeal in Sri Lanka, on June 20, 2024, ruled on case CA/HCC/0328/2015, involving serious charges of sexual harassment, impacting the discourse on Public Displays of Affection (PDA) and sexual harassment laws in the country. It closely followed the Judgment in Sri Lankan Airlines Limited Vs P.R.S.E. Corea (S.C. Appeal No. 91/2017) delivered as recently as February 2024. The case centered on a Human Resources Manager accused of sexual harassment. The accused was indicted in January 2

The Colombo District Courts of Sri Lanka by its recent judgements have recognised a divorce decree issued by US courts (decided on 6th June 2024) as well as a marriage annulment decree issued by the Melbourne Federal Courts of Australia. These decisions follow a landmark ruling by the Court of Appeal a recently as December 2023 in case No. CA WRIT/266/2021, thus affirming the validity and enforceability of foreign divorce decrees pertaining to marriages contracted in Sri Lanka, provided certain

The Anti-Corruption Act No. 9 0f 2023(hereinafter referred to as ACA) was certified on 08th August 2023. The ACA has repealed the Bribery Act No.11 of 1954, the Commission to Investigate Allegations of Bribery or Corruption Act, no.19 of `1998 and the Declaration of Assets and Liabilities Law no. 1 of 1975. The objectives of the Act are set out in Section 3, which are as follows: * Enhances transparency in governance, increase accountability and establishes an independent commission to exerci

Sri Lankan Airlines Limited Vs P.R.S.E. Corea (S.C. Appeal No. 91/2017) The Supreme Court by its decision dated 2nd February 2024 highlighted the importance of employers being unyielding towards sexual harassment both in the private and public sectors. The case involved a senior flight steward (Respondent) accused of engaging in inappropriate behavior towards a fellow flight stewardess, identified as 'X'. The alleged misconduct included instances where the Respondent hugged, kissed, and made s

Sunpac Engineers (Private) Limited and one other Vs DFCC Bank PLC and others (SC/Appeal/11/2021) A bench comprising of His Lordship the Chief Justice and six Justices of the Supreme Court of Sri Lanka ( the ‘SC’) overruling the Judgment of Ramachandran and Others V Hatton National Bank (2006) 1 SLR 393 (‘R Vs HNB’) held unanimously, that the ‘Recovery of Loans by Banks (Special Provisions) Act, No. 4 of 1990 as amended (the ‘Act’) empowering Parate Execution, applies to any property mortgaged t

Short selling is a way investors try to make money by borrowing stocks they think will go down in value. They sell these borrowed stocks to others who are willing to pay the current market price. Later, if the stock price drops, the investor buys back the stocks at the lower price, gives them back to the lender, and makes a profit from the difference. The Colombo Stock Exchange (CSE) has introduced a system for regulated short selling (RSS) through a stock borrowing and lending (SBL) mechanism.

Liyanage Champika Harendra Silva Vs W.M.M.B Weerasekera and 5 others - CA WRIT/ 266/2021 The Court of Appeal holds that a foreign decree of divorce, of a marriage contracted in Sri Lanka is valid and effectual in Sri Lanka subject to the guidelines set out. The factual content and circumstances before the Court, commence with – 1. The Petitioner (Husband) and 3rd Respondent (Wife) having on the 9th of December 2010 contracted a valid marriage in Colombo, Sri Lanka and proceeding to establish

The proposed new ‘Employment Act’ - The Labor laws of Sri Lanka being promulgated over the years to meet the evolving needs of industrial relations and contained in several different pieces of legislation. In the recent unprecedented times such as the Covid-19 pandemic, the economic and political crisis and Sri Lanka’s current trajectory to an economic recovery, the framework of law was challenged to bring within its scope the many new situations and circumstances requiring regulation. In this

The following steps to be followed to obtain a Sri Lankan residence visa - work permit, 1. Obtaining recommendation from the relevant line ministry (the ministry which the scope of work/business of the applicant comes under) 2. Application for entry permit/entry visa 3. Health Assessment process 4. Stamping of residence visa (work permit) Kindly note that it is essential to identify the relevant line ministry to which the applicant should proceed in order to obtain the recommendation lette