BOOK REVIEW:

Insightful and well researched compilation

V. Vimalarajah Attorney at Law

The Law Association Law Journal 2009 Vol XV Industrial Court Arbitrator, Retd. President Labour Tribunal

The Bar Association of Sri Lanka publishes annually a Journal which contains articles from eminent personalities learned in law on many and varied subjects of vital importance for lawyers, Judges, students of law and others. I have been contributing articles on Industrial Law from time to time. I could not contribute an article for this Journal - 2009 which was launched on 19th December 2009.

I have read this Journal and I am impressed with it as it is rich in contents with comprehensive articles and useful judgments of Appellate Courts on all aspects of law. I consider it proper and appropriate to present my Review of this Journal.

This Journal contains articles on multifaceted aspects of Law namely Fundamental Rights, Information Technology, Intellectual Property/Trade Marks, Public Law, Administrative Law, Competition Law, Civil Procedure, Constitutional Law, Law of the Sea, Purchase of a Condominium Apartment.

Apart from these, there are judgments of – Supreme Court and Appeal Court on Administrative Law, Civil law Ordinance, Customs Ordinance, Contempt of Court, Civil Procedure Code, Fundamental Rights, Land Acquisition Act, Maintenance Act, Partition Act, Rent Act, UDA Law Writs etc. The notable omission is that there is no article on Industrial law which is now fast developing.

The Journal starts with the keynote address of Hon. Justice Dr. Shirani A. Bandaranayke Judge of the Supreme Court at the Human Rights Day Celebrations conducted by the Legal Aid Foundation of the Bar Association of Sri Lanka on 10.02.2004. The theme of the keynote address is “Human Rights – The Right to Life – the Sri Lankan perspective”.

This address is a microscopic analysis of the basic norms of human rights in the light of right to life, frame work of human rights protection in Sri Lanka, the right to life under our Constitution with particular reference to Judgments of Justice Bhagawati, Lord Denning, Lord Reid, Justice Field of United States and the Rigveda and Arthava Veda. Late K.C Kamalasabayson PC former Attorney General – Memorial Oration delivered by. K.Kanag Isvaran PC on 28th August 2009 is published in this Journal.

The theme of his oration is “The tissue of Justice and Judicial Attitudes - a wind of change over Hultsdorp Hill”. He has dealt with beautifully the tissue of justice, the doctrine of stare decisis, the question of finality of judgments, the doctrine of per incuriam.

He has given a graphic description of the tissue of justice which reads as follows: “The tissue of justice is a fine thin delicately woven fabric. It is to be jealously guarded and scrupulously cared for. No doubt a few missed stitches and some dirty patches are there but by and large, I believe the fabric once strong has remained serviceable and not unsatisfying to our sense of how things should be”.

The article on Electronic and Computer Evidence in proceedings before Courts and Labour Tribunals by Hon. Justice Saleem Marsoof P C Judge of the Supreme Court is exhaustive and it is a good guide to Judges, Lawyers and students of Law on Hearsay Rule, Evidence (Special Provisions) Act No.14 of 1995, contemporary recording made by the use of electronic and mechanical means, computer evidence, Electronic Transactions Act etc. The vast information in this article is a rare commodity hard to get anywhere.

Chief Editor of this Journal Kandiah Neelakandan for more than two decades has in his article given useful advice to purchasers of Condominium Apartment and given the warning “Buyers Beware”. Purchasing of Apartments is far too common and several purchasers have been cheated on these deals resulting in loss of colossal sums of money.

This article clears the cloud surrounding the purchasers of Apartments and advises them as to what they should do, how they should do in purchasing apartments in relation to registration of a Condominium Plan, Certificate of Title, common elements, purchasing by a foreigner etc. This article is a definite protector of the purchaser of Condominium Apartments who is a simple layman with money collected with untold hardships.

Another area where there is misapprehension and confusion is in relation to recovery of money on negotiable instruments. C.V. Vivekananthan Attorney-at-Law has explained in clear terms the provisions of the law in this regard and the procedure to be taken with particular reference to prescription. This article is a ready reckoner for easy action and reference by Legal Practitioners and litigants.

There are other good articles on Information Technology, Administrative Law, Law of SEA relating to Maritime Resources in the territorial sea, Software, Competitive Law, Intellectual property and protection of Trade Marks. These articles are by experts in the respective areas. I must confess that as my knowledge of the law in those specialized areas is minuscule, I do not want to risk comment on those articles by the experts.

To be continued