Court : Sri Lanka Supreme Court
..... of a re-transfer and at the stage of registration of the said land, the plaintiff-respondent would have to make the payment of tax in terms of the finance act. an act could not be treated as invalid simply due to illegality. in fernando v ramanathan ((1913) 16 n.l.r. 337), a full bench at that time, ..... ordinary stamp duty where the purchase was made in the appellants name. consideration was also given to several decisions by the court of appeal. considering the provisions of the finance act and the other relevant material referred to above, it would not be correct to state that the muniyandys case (supra) was wrongly decided by the court of appeal. ..... citizenship in sri lanka were being finalised by the registering authorities of the state. the plaintiffs-respondents were therefore non-citizens at the time of the sale. under the finance act, no. 11 of 1963, they were required to pay 100% tax if they purchased the property as non-citizens. in order to overcome this, the plaintiffs-respondents .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... amended, with a copy to one suppammal, which stated inter alia, that pursuant to a decision made by the board of directors of the 1st respondent bank acting under the finance act, no. 11 of 1963 as amended, the land and premises in suit was vested in the 1st respondent bank on the publication of an order in the ..... on the aforesaid preliminary objections? (emphasis added). thereafter the court of appeal had considered the provisions in section 754(5) of the civil procedure code, section 71(3) of the finance act and section 22 of the interpretation ordinance and the principle laid down in the decisions in siriwardena v air ceylon ltd., ([1984] 1 sri l.r. 286), white ..... the 1st respondent bank. accordingly the 1st respondent bank had pleaded that it was entitled to serve the said notice in terms of section 72(5) of the finance act and evict the appellants from the said land and premises. when the said case came up for inquiry before the learned additional district judge, matale on 20.06. .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... was certified on 14.12.1982 with the primary purpose of imposing stamp duty on instruments and documentsas set out in the act. the imposition of stamp duty in this manner was temporarily discontinued by the finance act no. 11 of 2002 wherein section 15 stated the following: no stamp duty shall be imposed or paid under the stamp duty ..... on 31.03.2006, re-imposed stamp duty on the instruments set out in the act. the long title of this act reads as follows: an act to provide for the re-imposition of stamp duty; to provide for the repeal of part lll of the finance act no.11 of 2002; and to provide for matters connected therewith or incidental thereto?. relevant ..... to this case is section 13 of act no. 12 of 2006 which stated that the provisions of act no. 12 of 2006 will prevail over that of act no. 43 of 1982 if any inconsistencies arise .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... by any local authority, and also makes provision for the minister under whose purview the ifs falls, in consultation with the minister in charge of the subject of finance, to exempt the institute from the payment of any customs duty for goods imported by the institute for the achievement of its aims and objects. these are special ..... of the act, the institute is entitled to receive grants from any source, whether in sri lanka or abroad ..... been drawn by learned counsel to the provisions of part v of the ifs act (sections 25 to 31) which contain elaborate provisions relating to the ifs provident fund, and part vi of the act (sections 32 to 36), which is headed financeand deals with the finances of the institute. it is significant that in terms of to section 33 .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... whether the principle of ostensible authority could be applied to enforce a liability against the state on the basis of an assurance given by the minister of finance.? on the basis of the aforementioned decisions, learned additional solicitor general for the appellant contended that no representation by the agent as to the extent of ..... the control of the chief secretary, who was the responsible minister. it was an industrial undertaking within the meaning of the special deposits (industrial undertakings) act 1912-1930. an incident of its work is continued advertising. it is the duty of an officer of the premiers department to arrange for advertisements relating ..... for the respondents relied on the following passage in vasudeva nanayakkaras (supra) decision in support of his contention. the question whether a public officer can act in excess of his statutory authority and enter into any agreement or arrangement and whether such agreement or arrangement would be binding on the state on a .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... the case was decided on the basis that upon the death of an applicant for relief in proceedings for the redemption of land under section 71 of the finance act, no. 11 of 1963, as subsequently amended, a "specified heir" or a testate heir may be substituted, and whether the application was duly constituted, ..... of its members may be determined and regulated by parliament by law and until so determined and regulated, the provisions of the parliament (powers and privileges) act, shall, mutatis mutandis, apply." while the learned attorney general has forcefully contended that article 67 brought about a constitutional ouster of the writ jurisdiction of the ..... further contended that in the aforesaid circumstances, the 2nd to 8th respondent- respondents failed to adhere to the rule of law, breached the rules of natural justice, acted unreasonably, and / or capriciously and / or arbitrarily, and had prejudged matters. it is significant that neither the 1st respondent-respondent, who is the speaker of .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... counsel for the petitioner contended that although the petitioner was granted a scholarship to study abroad whilst he was serving at the siyane college of education, the finances for the said scholarship were not allocated from the said college, but from a world bank project. it was also contended that the agreement p5 was ..... disciplinary authority could order the reinstatement of the officer after imposing punishment for not reporting for duty without permission. in fact the public service commission had acted in terms of the provisions laid down in clause 37 of chapter xlviii of the establishments code. the letter dated 14.11.2008 sent by the assistant ..... any difficulty in releasing the petitioner from the siyane college of education. further it was submitted that in terms of section 77(5) of the universities act there are no legal impediments to release the petitioner to another government institution or agency and that even the public service commission had in principle conceded with .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... such order was made remains in force. (emphasis added) i shall now advert to the order purportedly made by the minister of finance under section 4(1) of the said act, and which was published in the gazette as aforesaid, which said order was to the following effect:- by virtue of the ..... officers and servants of the institute, by the memorandum of agreement between the government of the democratic socialist republic of sri lanka and the ford foundation, acting on behalf of the international water management institute support group, for the establishment of an international institute for research and training in irrigation management, signed on ..... international irrigation management institute, to the extent necessary to give effect to the terms of the memorandum of agreement entered into between the ford foundation acting on behalf of the international irrigation management institute support group and the government of the democratic socialist republic of sri lanka for the establishment of .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... 1999 to recover from the defendant-respondent-respondent (hereinafter referred to as the respondent?) money advanced as a short term loan with interest due thereon to finance the import of 14,907 metric tons of cement worth us $ 1,007,392.70 presumably for trading. it appears from the memorandum of association ..... a casus omissus provision which enables the reception of principles of english law to deal with matters, if any, not specifically provided for in the act, effectively prevented the application of english law except as persuasive authority for the purpose of interpreting provisions which were identical or substantively similar to the provisions ..... doctrine was originally conceived of as an important principle of stakeholder protection, but it caused so much unhappiness to those who imprudently transacted business with companies acting beyond their objects that it later had few advocates, and in most countries legislation has been enacted to bring about its demise. however, as prof .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... of the plaintiff granting all the reliefs sought by the plaint. this appeal has been preferred against the said judgment. mr.ranjith attygalle, the director (finance and administration) of the plaintiff company had testified on behalf of the plaintiff. his uncontradicted testimony was to the effect that the plaintiff is the successor ..... that every contract requires an offer and acceptance. an offer is a promise of performance which is however, conditional upon a written promise or an act of forbearance being received in exchange for it, whereupon it matures into a contract. furthermore an offer must contain definite terms of performance. an offer may ..... and uva paranagama districts enabling them to establish farmers' societies and to supply fertilizer, agro-chemicals and potato seedlings, (c) that the defendant offered to act only as an intermediary between the national live stock development board (nldb) and farmers' societies for the purpose of remitting the sums so received from the .....
Tag this Judgment!