Sri Lankan Law
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Recent papers in Sri Lankan Law
The significant developments in Sri Lankan public law in the last three decades have been due to the explicit or implicit influence of Indian jurisprudence. This influence can be seen in Sri Lanka’s jurisprudence on the right to equality,... more
I take pleasure in sharing an article written by late Prof. Wickrema Weerasooria and published in the Sunday Times of 25th May 2008 titled “Bank held liable for money transfer to a ‘non-existent’ foreign bank.” The article was based on a... more
The title Registration system is a successful method of land registration that has been used by many countries instead of the Document Registration System. This article deals with the steps taken by Sri Lanka to adopt Title Registration... more
Even though marriage is considered as a union of two equal partners, the underlying truth is that the rights of a married woman if often restrained by social and cultural obstacles. Considering the State obligations towards international... more
This paper aims to provide for a possible legal framework for obtaining a declaration of nullity of marriage, for those parties who are married under the Marriage Registration Ordinance No.19 of 1907 (as amended) and are presently living... more
Probation is a period of time used to determine whether or not a new employee is suitable for a specific job. Many employees will stipulate that the contrary will begin with a period of probation if the employee and the employer agree.... more
The divorce law prescribed in the Marriage Registration Ordinance is based exclusively on the concept of matrimonial fault, while the Muslim and Kandyan law contain grounds based on the doctrine of fault as well as on irretrievable... more
This is a slightly revised version of my article entitled “The Custody of Children in the Muslim Law of Sri Lanka” published in (1979) Meezan 23. Meezan is an annual publication of the Muslim Majlis of the Sri Lanka Law College, and has... more
Smart contracts are computer aided self-executed protocols essentially given the status of a contract by their users and may or may not be executed on a Blockchain ecosystem. But granting the status of a contract by the users will not... more
The goal of this study is to see if and how branding and the trademark system may be utilized in a commercial setting in Sri Lanka to extract value from tourism-related products and services. The research emphasizes the relevance of... more
The main focus of this paper would be the drafting and lodging of effective criminal and civil appellate pleadings before the courts exercising appellate jurisdiction in Sri Lanka, which are mainly the Provincial High Court, Court of... more
This article entitled “Sri Lankan Experience in Commercial Dispute Resolution though Local and International Arbitration” by Justice Saleem Marsoof PC, was published in [2017] XXII Bar Association Law Journal page 300. The objective of... more
This paper looks at the judicial responses to land acquisition in Sri Lanka and compares the Sri Lanka's legal framework with the Social Safeguards Policy of the Asian Development Bank.
This is the text of the Plenary Address made by Justice Dr. Saleem Marsoof, President's Counsel, on 3rd December 2021 at the International Conference on Advancement in Sciences and Humanities organized by the Sri Lanka Institute of... more
This paper attempts to discuss the notion of vicarious liability especially in relation to incidents arising out of Road Traffic accidents. It is submitted that this paper would assess certain socio economic conditions that have developed... more
An Abstract This is the text of the inaugural K.C. Kamalasabeyson PC Memorial Oration delivered Justice Saleem Marsoof PC, Judge of the Supreme Court of Sri Lanka on Friday, 22nd August 2008 at the HNB Towers amidst a distinguished... more
While the process of reform involving the upgrading of the Quazi Court System in Sri Lanka and the amendment of the Muslim Marriage and Divorce Act of 1951 (MMDA) has been much debated and written about, this debate has now been eclipsed... more
While the Sri Lankan Courts have always acknowledged that writs are a creation of English law, and proceeded on the basis that in the process of issuance of writs, they should be guided by the principles and practices in English law, the... more
This is a very short essay on my life as a law student in the Faculty of Law of the University of Ceylon, Colombo, now known as the University of Colombo. It deals very briefly with the history of the Faculty of Law and its origins in the... more
Adoption of Children in Islam and the Muslim Law of Sri Lanka – An Abstract This is a slightly modified version of an article previously published under the same title in [2008] Meezan pages 1 to 5. Meezan is an annual publication of the... more
Due to the common misconception that moneys in bank accounts are owned by their account holders (who are usually the bank customers), and, the complicated nature of the principles of banking law, sometimes, it may be thought that a... more
This is the full text of the keynote speech made by Justice Saleem Marsoof, PC at the Annual Research Symposium of the Faculty of Law of the University of Colombo held on 19th December 2020 on a virtual Zoom platform at the height of the... more
The idea of divorce, in practical sense, is contrastively different than it is portrayed in books. The facts and the legal ramifications of the divorce cases in Sri Lanka bring us to an understanding that the real-life operation of laws... more
Summary on landmark Judgment on Gomes Vs.Gomes pronounced by the Supreme Court of Sri Lanka in June 2018
I take pleasure in sharing my Introduction to the inaugural issue of the Colombo Law Journal published by the Law Faculty of the University of Colombo on 22nd July 2016 consisting mainly of the products of legal research of the teachers,... more
MASLAHAH MURSALAH AS A BASIS FOR MUSLIM LAW REFORM IN SRI LANKA by Justice Saleem Marsoof, PC An Abstract This is an edited version of an article published in [2016-2017) Volume 51 of the Meezan Journal, which is an annual publication of... more
Over 2015 and 2016, Sri Lanka enacted a comprehensive right to information (RTI) regime by constitutionally recognising the RTI and passing enabling legislation. Taking into account the context of the country’s political and bureaucratic... more
This is a brief note on the issues that the people of Sri Lanka as well as the government of Sri Lanka have to face in regard to the disposal of bodies of COVID-19 victims. While the World Health Organization (WHO) Guidelines have with... more
The Intellectual Property Act No. 36 of 2003 was certified on 12th November 2003. The Act contains provisions relating to Intellectual Property Rights, an efficient Procedure for Registration, Control and Administration of the Act. A... more
Legitimate Expectation, as a ground of Judicial Review of government actions, has become an extremely popular choice for an overwhelming number of litigants who wish to pursue a remedy through the Writ Jurisdiction vested in the Court of... more
This article presents for consideration a basic interpretative model that arbitral tribunals and courts may look to adopt when faced with issues of interpretation concerning the provisions of the Sri Lankan Arbitration Act.
This is a synopsis of the address made at the Graduation Ceremony of the CfPS Law School held at the BMICH on 15th February 2020. In the course of the address, emphasis was laid on the special aspects of the law a budding lawyer aspiring... more