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What was the Petitioner's claim regarding his suspension and subsequent demobilization in the Supreme Court case SC/FR/Application No 556/2010? | In the Supreme Court case SC/FR/Application No 556/2010, the Petitioner, Ekanayake Udaya Kumara Ekanayake, claimed that his services were suspended on 06.03.1999 due to an incident of shooting, for which he was falsely implicated. He was acquitted of the charge of attempted murder by the High Court on 23.06.2008. He so... | services were suspended on 06.03.1999 on an incident of shooting, where the Petitioner alleged, that he was falsely implicated to the said incident. However as submitted by the Petitioner, he was acquitted of the charge of attempted murder by the Learned High Court Judge on 23.06.2008 and thereafter he preferred an app... | 1 |
What were the questions of law for which leave to appeal was granted in the case SC Appeal No. 44/2011? | The questions of law for which leave to appeal was granted in the case SC Appeal No. 44/2011 were: 1) Whether the Order of the High Court of the Eastern Province sitting at Ampara is contrary to Law? 2) Whether the Learned Judge of the High Court of the Eastern Province sitting at Ampara misdirected himself in coming t... | IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA SC Appeal No. 44/2011 E.P.A. Premasundara SC (HC) LA No.233/2010 No. 20/65, Kumarigama HC/AMP/LT/APP/285/08 Uhana LT No. 227/96 Applicant Vs Seemasahitha Galoya Medapalatha Vivida Seva Samupakara Samithiya Uhana Respondent And Between E.P.A. Premasu... | 1 |
What were the key legal issues addressed by the Supreme Court in Case Number S.C. Appeal No. 8/2016? | In Case Number S.C. Appeal No. 8/2016, the Supreme Court addressed the following key legal issues: (1) Whether the terms of settlement could be altered unilaterally, (2) Whether the defendant complied with the terms of settlement, and (3) Whether the plaintiff is entitled to the relief as per the prayer to the plaint. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA S.C. Appeal No. 8/2016 S.C (HC) CALA No. 5/2016 WP/HCCA/COL/119/2015 D.C. Colombo Case No. 45/13/DRE Nadaraja Rajendra No. 40, Dr. E.A. Cooray Mawatha, Colombo 6. PLAINTIFF Vs. Thevathasan Sritharan No. 8/4, Vivekananda Avenue, Colombo 6. DEFENDAN... | 1 |
What was the main issue in the case SC Appeal 101/05 SC Spl LA 201/05 HC /ARB 1961/04 before the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | The main issue in the case SC Appeal 101/05 SC Spl LA 201/05 HC /ARB 1961/04 before the Supreme Court of the Democratic Socialist Republic of Sri Lanka was whether the High Court of Colombo erred in dismissing Trico Maritime (Pvt) Ltd.'s application for enforcement of an arbitral award based on a previous order and dec... | The Petitioner in this appeal is seeking to set aside the judgment of the High Court of Colombo by which its application for enforcement of an Arbitral award was dismissed. The Petitioner is a Company by the name of Trico Maritime (Pvt) Ltd., (hereinafter referred to as ‘Trico Maritime’) which had an insurance policy w... | 1 |
Who were the judges on the judicial panel for the Supreme Court in Case Number S.C. Appeal No. 2/2009? | The judges on the judicial panel for the Supreme Court in Case Number S.C. Appeal No. 2/2009 were Dr. Shirani A. Bandaranayake, N.G. Amaratunga, and P.A. Ratnayake. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ----------------------------------------------------------------------- S.C. Appeal No. 2/2009 S.C.(H.C.) C.A.L.A. No. 110/2008 H.C.C.A. NWP/HCCA/KUR No. 16/2001(F) D.C. Maho No. 4241/P Rajapaksha Mudiyanselage Somawathie, Nikawewa, Moragollagama.... | 1 |
What criteria did the Respondents rely on to counter the Petitioner's claim in the case SC APPLICATION (FR) 524/2008? | In the case SC APPLICATION (FR) 524/2008, the Respondents relied on the marking scheme annexed to the Petitioner's own petition marked P6. The criteria in contention was that of direct relevant experience applicable to the post of Director of the Seed and Planting Material Development Centre (SPMDC). The relevant crite... | SPMDC than the 15th Respondent. In particular, he contended that the Petitioner was not awarded any marks for the following posts she held in the Department as noted below: (1) Research Officer at the Agriculture Research Institute MahaIlluppallama from 16th March 1976 to 31st December 1985, for which the Petitioner ha... | 1 |
What was the defendant-appellant-appellant's argument regarding his right to the land in the District Court of Negombo case? | The defendant-appellant-appellant argued that he had prescriptive title to the land and the right to execute his deed of declaration. He claimed that his father had obtained a lease of the land from Justine Deraniyagala, the respondents’ predecessor in title, which expired on 01.07.1967. He further claimed that his fat... | Learned President’s Counsel for the respondents contended that the respondents, being the plaintiffs in the District Court of Negombo case, had instituted action against the appellant seeking inter alia a declaration of title to the land described in Schedule II to the Plaint and for ejectment of the defendant, who is ... | 1 |
What was the Supreme Court's stance on the Court of Appeal's interpretation of section 297 of the Penal Code in Case Number SC Appeal 13/2016? | In Case Number SC Appeal 13/2016, the Supreme Court disagreed with the position taken by the Court of Appeal regarding the interpretation of section 297 of the Penal Code. The Supreme Court noted that while the Court of Appeal concluded that the act committed by the Appellant did not fall under clause 1 of section 293,... | She may have acted on cumulative provocation, still for all, it cannot be counted as sudden provocation. But the question here is that whether the Accused-Appellant had the knowledge that her act would definitely lead to the death of this person. It is evident that the Accused-Appellant who was a mother of a teenage gi... | 1 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what was the main issue in the case SC FR Application 41/2016? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, the main issue in the case SC FR Application 41/2016 was whether the fundamental rights of the petitioners, guaranteed by Article 12(1) of the Constitution, were violated when their children were not admitted to Grade 1 of K/Mahamaya Balika Vidyala... | have fulfilled the requirements of the Circular P3. If not for the restrictions contained in P4B and if the 1st Respondent did not follow the document marked R1 which is not a part of the circular P3, the children of the Petitioners would have been admitted to the school (Mahamaya Vidyalaya). The Petitioners and their ... | 1 |
What were the preliminary objections raised by the Petitioners-Respondents in the case SC Appeal No. 85/2004? | In the case SC Appeal No. 85/2004, the Petitioners-Respondents raised two preliminary objections: (1) the alleged non-compliance with Rules 3 and 7 of the Supreme Court Rules, 1990, insofar as the appeal is time-barred; and (2) the alleged non-compliance with Rule 8(3) of the aforesaid Rules, insofar as the Appellant h... | Counsel for the Petitioners-Respondents (hereinafter referred to as the Respondents) moved to raise the following two preliminary objections, which had not been previously taken up by learned Counsel on any of the previous dates in this case. The said objections were based on- (1) the alleged non-compliance with Rules ... | 1 |
Who represented the Accused-Respondent-Appellant and the Attorney General in Case Number S.C. Appeal No. 17/2013? | In Case Number S.C. Appeal No. 17/2013, Nimal Muthukumarana represented the Accused-Respondent-Appellant, and Yasantha Kodagoda, DSG, represented the Attorney General. | Page 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter, of an Appeal with Special Leave to Appeal granted by Supreme Court under Article 128(2) of the Constitution of the Democratic Socialist Republic of Sri Lanka. S.C. Appeal No. 17/2013 S.C.Spl. LA No. 207/2012 C.A.No. . 297/2008 ... | 1 |
What legal provisions were referenced in Case Number SC (HC) LA Application No. 68/2012? | In Case Number SC (HC) LA Application No. 68/2012, the legal provisions referenced included Section 5(2) of the High Court of the Provinces (Special Provisions) Act No. 10 of 1996, Chapter LVIII of the Civil Procedure Code, and Section 5 of the Arbitration Act No. 11 of 1995. Additionally, Sections 754 and 755 of the C... | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for leave to appeal under and in terms of Section 5(2) of the High Court of the Provinces (Special Provisions) Act No. 10 of 1996 read with Chapter LVIII of the Civil Procedure Code. Wajira Prabath Wanasinghe, No. 1... | 1 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what was the outcome of the case SC FR 175/2014? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, the outcome of the case SC FR 175/2014 was that the petition was allowed. The court found that the allocation of 20 marks to the 7th Respondent was illegal, and thus his appointment to the Post of Director, Bio Medical Engineering Services Division... | Mr. Mohamed Nahiya, Member. All former Members of the former Public Service Commission. 17. Mr. Dharmasena Dissanayake Chairman. 18. Prof. Hussain Ismail Member 19. Dr. Shirantha Wijayatilake Member 20. Dr. Prathap Ramanujam Member, 21. Mrs. V. Jegarasasingam, Member SC(FR) No. 175/2014 4 22. Mr. Santhi Nihal Senevirat... | 1 |
What was the outcome of the appeal in Case Number SC (FR) No. 464/07 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | The appeal in Case Number SC (FR) No. 464/07 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka was dismissed. The Court found that the petitioner did not meet the criteria for benefits under Clause 10.2 as he did not work on the date of his retirement. | 10.2 The full salary increase under this Circular should be applied for the purpose of computation of pensions of those officers who retire from service having served on 01-12-2004.” Minutes on Pensions Clause 17 deals with compulsory retirement of Public officers and this provision states as follows, 4 “Every Public s... | 1 |
In the context of Sri Lankan law, what were the key questions of law considered by the Supreme Court in Case Number SC Appeal 128/13? | In Case Number SC Appeal 128/13, the Supreme Court of the Democratic Socialist Republic of Sri Lanka considered the following key questions of law: 1) Did the Court of Appeal err in rejecting the affidavits of the 2nd and 3rd Respondents-Appellants in the circumstances of this case? 2) Did the Court of Appeal err in La... | 2nd and 3rd Respondents-Appellants in the circumstances of this case? 2. Did the Court of Appeal err in Law in granting a writ of mandamus without satisfying itself of the existence of the requirements necessary for the grant of the writ? 3. Did the Court of Appeal have any other alternative but to grant the relief pra... | 1 |
How does Stroud’s Judicial Dictionary of Words and Phrases define the term 'judgment' in the context of Rule 7 of the Supreme Court Rules, 1990? | In the context of Rule 7 of the Supreme Court Rules, 1990, the term 'judgment' is defined in Stroud’s Judicial Dictionary of Words and Phrases (6th Edition) as 'the sentence of the law pronounced by the court upon the matter contained in the record.' It further clarifies that the decision must be one obtained in an act... | Neither of the learned Counsel was able to refer us to any case law on the question, and my researches too did not lead to any decision in point from Sri Lanka or other jurisdictions. In my considered opinion, what is crucial to the ultimate ruling on the time- bar that is raised by way of a preliminary objection in th... | 1 |
What was the role of the mathematician in the Hajj quota allocation process as discussed in Case Number S.C.FR.Application No. 230/2015? | In Case Number S.C.FR.Application No. 230/2015, the role of the mathematician in the Hajj quota allocation process was to devise a plan to distribute the 2240 quotas among 93 companies/persons who had obtained 50 marks or more. The mathematician's task was to ensure that similar quotas were given to those who had recei... | consistent and therefore arbitrary. I observe that the number of quotas allotted to Sri Lanka is a “given”. It is static. That number is not adjustable as it is given by the Kingdom of Saudi Arabia. This year the allocated quota is 2240. When marks are given to all the participants, the first step is to take those who ... | 1 |
What was the Supreme Court's decision regarding the validity of the affidavits in the case S.C.[FR] No.108/2016? | The Supreme Court concluded that the affidavits were valid despite the allegations of false material and that it is not mandatory to file an affidavit with a petition under Article 126(2) of the Constitution. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 1. Tirathai Public Co.Ltd., 516/1, Moo 4 Bangpoo Industrial Estate, Praksa Muang Samutprakan 10280 Thailand 2. H.R.Holdings (Pvt) Ltd., 476/10, Galle Road Colombo 03 Petitioners S.C.[FR] No.108/2016 Vs. 1. Ceylon Electricity Board No.50, Sir Chitt... | 1 |
What were the reasons for the Supreme Court's decision to dismiss the appeal in Case Number SC.TAB 01A/2014-01F/2014? | In Case Number SC.TAB 01A/2014-01F/2014, the Supreme Court dismissed the appeal for the following reasons: no abuse of process was found, the indictment was validly presented, and the Accused-Appellants had pleaded to the charges, submitting to the jurisdiction of the court. | COUNSEL : Anil Silva PC with Chandika Pieris and Sumithra Waidyasekera for the 1st -3rd Accused-Appellants. D.P. Kumarasinghe PC with Neville Abeyratne, Mahendra Kumarasinghe and Asitha Vipulanayake for the 4th & 5th Accused-Appellants. Anuja Premaratne with Chamath Wickramasinghe, Nayana Dissanayake and Iromie Jayarat... | 1 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number S.C. F.R. No. 232/2012, what was the Court's decision regarding the petitioner's claim that the decision to pay half wages during the period of interdiction violated his fundamental rights under Article 12 (1) of the Constitution? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number S.C. F.R. No. 232/2012, the Court found no merit in the petitioner's claim that the decision to pay half wages during the period of interdiction violated his fundamental rights under Article 12 (1) of the Constitution. | For the aforesaid reasons, I see no merit in the Petitioner‟s claim that, the decision to pay half wages during the period of interdiction violated his fundamental rights under Article 12 (1) of the Constitution. The remaining issue is the Petitioner‟s contention that, the decision to impose a deduction of 10% in the m... | 1 |
What was the judgment of the District Court in Case Number D.C. Colombo No. 17736/L? | In Case Number D.C. Colombo No. 17736/L, the District Court entered judgment in favor of the appellant, holding that the appellant's title Deed had obtained priority over the respondent's Deed. | made by V.A.L. Senaratne, Licensed Surveyor, was owned by Sumanalatha Kodikara. She had sold the said property to one Asela Siriwardena by Deed No. 1200 dated 25.02.1980 attested by Kodikara and Abeynayake, Notaries Public. The said Asela Siriwardena had transferred the property to the appellant by Deed No. 2708 dated ... | 1 |
What precedent did the Supreme Court of Canada set in United States of America v The Public Service Alliance of Canada and others (Re Canada Labour Code) regarding state immunity? | In United States of America v The Public Service Alliance of Canada and others (Re Canada Labour Code) 94 ILR 264, the Supreme Court of Canada set the precedent that the conduct of labour relations at a foreign military base is not considered a commercial activity. Therefore, the United States was entitled to sovereign... | commercial or otherwise of a private law character. Or whether the relevant activity should be considered as having been done outside the area within the sphere of governmental or sovereign activity.” Employment in foreign embassies has quite frequently engaged this distinction and there have been a slew of cases that ... | 1 |
What was the decision date of the Supreme Court judgment in the case S.C. Appeal No.118/2012? | The decision date of the Supreme Court judgment in the case S.C. Appeal No.118/2012 was 04.09.2017. | ‘Sinhalena’, Hirana, Panadura. PLAINTIFF-RESPONDENT Kongaha Pathiranage Don Sarath Gunarathne Perera Hirana, Panadura. 1ST DEFENDANT-RESPONDENT AND NOW BETWEEN Tantrige Neulin Peiris (Near Dispensary) Hirana Panadura. 2nd DEFENDANT-APPELLANT-PETITIONER- APPELLANT Vs. Gamathige Dona Premawathie Perera ‘Sinhalena’, Hiran... | 1 |
What was the court's key finding regarding the failure to serve written submissions in the Supreme Court case SC Appeal 81/09 in Sri Lanka? | The court's key finding in the Supreme Court case SC Appeal 81/09 in Sri Lanka was that the failure to serve written submissions does not automatically lead to dismissal if submissions are eventually provided. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 1. W.A. Fernando, “Milan Christina”, Thoduwawe South, Thoduwawe. 2. W.J.E. Fernando, C/o.K.A. Newton Fernando, “Milan Christina Wadiya”, Close to the Fisheries Corporation, Kandakuliya, alpitiya. 3. W.R. Fernando, “Milan Christina Wadiya”, Close t... | 1 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what fundamental rights did the petitioners claim were violated in Case Number S.C. (F/R) Application No. 01/2015? | In Case Number S.C. (F/R) Application No. 01/2015, the petitioners claimed that their fundamental rights guaranteed by Article 12(1) and 12(2) of the Constitution were violated by the respondents. | Upaly Abeyratne J Anil Gooneratne J Counsel : JC Waliamuna for the Petitioner Janak de Silva Senior DSG for the Respondents Argued on : 1.7.2016, 8.7.2016, 11.7.2016 Written Submission tendered : on 25.7.2016 by the Petitioners Decided on : 3.10.2016 Sisira J De Abrew J The Petitioners have filed this petition seeking ... | 1 |
What is the significance of Section 46(2)(i) of the Civil Procedure Code in the context of the case S. C. Appeal No. 87/09? | In the case S. C. Appeal No. 87/09, Section 46(2)(i) of the Civil Procedure Code was significant because the District Judge rejected the plaint on the grounds that attorneys-at-law are entitled to immunity from suit with respect to the contents of the pleadings they file on the instructions of their clients. This secti... | (Constitution) 136k; gpuptpd; gpufhuk; ,yq;if cah; ePjpkd;wk; 07.12.1988k; jpfjpa mjptpNrl tu;j;jkhdp (Gazette) %yk; gpufldg;gLj;jg;gl;l tpjpfspy; fhzg; gLfpd;wthW;, rl;lj;juzp jkJ flik nraw;ghLfspy; G+uz rpwg;Gupik nfhz;Ls;shh;fs; vd;gJk;, ,J cNuhk lr;R rl;l jj;Jtq;fSf;F Kuzhf ,Ue;j 3 NghjpYk; cah;ePjpkd;w tpjpfs; kw;... | 1 |
In the case SC / FR 123 / 2015 of the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what was the petitioner's claim regarding her residence? | In the case SC / FR 123 / 2015 of the Supreme Court of the Democratic Socialist Republic of Sri Lanka, the petitioner, Mohammed Mukthar Aisha, claimed her residence was at No. 230, Kumaratunga Mawatha, Matara, to support her child's admission to Grade 1 at St. Thomas College, Matara, under the 'proximity category' of C... | Register dated 15.10.2011 marked P 3(V) to establish that the marriage between the Petitioner and Mohamed Ahlam Mohamed Ariff has been dissolved. According to P 3(V) the Petitioner’s residence at the time of divorce was at No 236/5, Kumaratunga Mawatha, Matara. The 3rd Respondent has produced a letter sent by the Petit... | 1 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC APPEAL 101/16, what were the questions of law for which leave to appeal was granted? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC APPEAL 101/16, leave to appeal was granted on the following questions of law: 1. Have their Lordships in the Civil Appellate High Court of Kurunegala erred in law: (a) By coming to the conclusion that the Petitioner held the corpu... | Defendant Appellant Respondent. ARGUED ON : 01.11.2017. DECIDED ON : 05.12.2017 S. EVA WANASUNDERA PCJ. In this matter, leave to appeal was granted on 20.05.2016 on the following questions of law:- 1. Have their Lordships in the Civil Appellate High Court of Kurunegala erred in law; (a) By coming to the conclusion that... | 1 |
What was the outcome of the appeal in the Supreme Court of the Democratic Socialist Republic of Sri Lanka in Case Number SC. Appeal 104/2008? | In Case Number SC. Appeal 104/2008, the Supreme Court of the Democratic Socialist Republic of Sri Lanka dismissed the appeal, upheld the decision of the Court of Appeal, and set aside the costs awarded by the lower court. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal to the Supreme Court of the Democratic Socialist Republic of Sri Lanka. SC. Appeal 104/2008 C.A. (Writ) Application No.414/2005 K.H.M.S. Bandara No. 46, Circular Road, Malkaduwawa, Kurunegala. Petitioner Vs. 1. Air Marsh... | 1 |
What were the key findings of the Supreme Court in Case Number SC.Appeal No. SC/CHC/19/2011? | The key findings of the Supreme Court in Case Number SC.Appeal No. SC/CHC/19/2011 were that the Appellant employed tactics to prolong the case, failed to show due diligence, and acted in a manner that was disrespectful to the court and undermined the judicial process. | fixed for the 15.12.2009. On that date, the Appellant did not call any evidence, and simply relied on the cross-examination of the Respondent‟s main witness. The Learned Judge of the High Court (Civil) of Colombo thereafter decided in favour of the Respondent, on the 03.11.2010. The Appellant tendered a Petition of App... | 1 |
What legal issues were addressed by the Supreme Court in Case No. SC Appeal 178/2011? | The legal issues addressed by the Supreme Court in Case No. SC Appeal 178/2011 included the validity of a deed under duress and the burden of proof in cases of duress. | : J.M. Wijebandara for the Defendants-Appellants- Appellants. Ranjan Suwadaratne for the Plaintiff –Respondent- Respondent. Argued on : 18.10.2012 Decided on : 04.04.2014 Priyasath Dep, PC, J This is an appeal against the judgment of the High Court of Civil Appeal of Western Province holden in Mt. Lavinia which affirme... | 1 |
What was the nature of the petitioner's action in the District Court of Gampaha in Case Number SC. (HC) CA LA No. 99/2008 WP/HCCA/GPH No. 62/01(F) D.C. Gampaha No. 33465/L? | In Case Number SC. (HC) CA LA No. 99/2008 WP/HCCA/GPH No. 62/01(F) D.C. Gampaha No. 33465/L, the petitioner filed an action in the District Court of Gampaha seeking a declaration that the petitioner is entitled to the land described in the schedule to the plaint. Additionally, the petitioner sought a decree evicting th... | order, judgment, decree or sentence of the Court of Appeal or any other Court or tribunal” (emphasis is added). It is therefore not correct to state that there are no rules made by the Supreme Court that would be applicable to applications for leave to appeal from the High Court of the Provinces to the Supreme Court. C... | 1 |
What does Article 11 of the Constitution of the Democratic Socialist Republic of Sri Lanka state? | Article 11 of the Constitution of the Democratic Socialist Republic of Sri Lanka states that: 'No person shall be subjected to torture, cruel, inhuman or degrading treatment or punishment.' This provision guarantees the fundamental right against torture and inhuman treatment. | contradictions and inconsistencies and arrive at its conclusion, however, it is crucial to put in perspective the rights guaranteed by the constitution under Article 11 in order to determine whether a violation of the right has in fact occurred. Article 11 of the Constitution states that: “No person shall be subjected ... | 1 |
What is revisionary jurisdiction in the context of Sri Lankan law? | Revisionary jurisdiction is a discretionary remedy in Sri Lankan law where the Court is empowered to exercise its discretion to meet the ends of justice. The Courts can exercise their discretionary powers to correct errors even if the affected party has failed to exercise the right of appeal given to them by the Statut... | Revisionary jurisdiction is a discretionary remedy in which the Court is empowered to exercise its discretion to meet the ends of justice. The Courts are empowered to exercise its discretionary powers to correct errors even though the party who is affected by those errors has failed to exercise the right of appeal give... | 1 |
What did the Supreme Court of the Democratic Socialist Republic of Sri Lanka conclude regarding the Defendant-Appellant's claim of prescriptive title in Case Number SC Appeal No. 143/2013? | In Case Number SC Appeal No. 143/2013, the Supreme Court of the Democratic Socialist Republic of Sri Lanka concluded that the Defendant-Appellant, Dehiwela Mount Lavinia Municipal Council, had not established prescriptive title to the corpus of the case. The Court noted that the Defendant-Appellant had acknowledged the... | claim prescription? If a person possesses a land over a period of ten years with permission of owner of the land he cannot claim prescriptive title against the owner. Further the Defendant-Appellant, in P5, has stated that it had acquired Lot No.6B of Plan No.1921 which is the corpus in this case. The said letter furth... | 1 |
Why were the Petitioners in Case Number SC/FR/Application No 05/2017 not entitled to be considered under the provisions of clause 6.1 (1)(c) of circular 17/2016? | The Petitioners in Case Number SC/FR/Application No 05/2017 were not entitled to be considered under the provisions of clause 6.1 (1)(c) of circular 17/2016 because the amount of marks deductible for the two addresses they provided were different. For the address at No 79, Negombo Road, Kurunegala, there were two schoo... | considered for granting marks, provided that the amount of marks that would be deducted for other schools (under clause 6.iii (a)) in close proximity to such residence would be the same in respect of both addresses.” d) When the two addresses provided by the Petitioner is considered under the above provision it is reve... | 1 |
Who were the judges on the judicial panel for the Supreme Court case SC Appeal 62/03 CA No. 801/00? | The judges on the judicial panel for the Supreme Court case SC Appeal 62/03 CA No. 801/00 were Sarath N. Silva (Chief Justice), K. Sripavan (Judge of the Supreme Court), and P. Ratnayake (Judge of the Supreme Court). | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Special Leave to Appeal. International Cement Traders (Pvt) Ltd., No. 504/1, R.A. De Mel Mawatha, Colombo 3. - Petitioner-Petitioner - S.C. Appeal No. 62/2003 C.A. No. 801/2000 Vs. 1. Hon. Sirimavo Bandaranaiake... | 1 |
What distinction did the Attorney General make regarding the powers of Parliament in the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | The Attorney General, in the Supreme Court of the Democratic Socialist Republic of Sri Lanka, pointed out that Parliament possesses powers other than legislative. He contrasted the reference to 'legislative power' in Article 4(a) of the Constitution with the words 'privileges, immunities and powers of Parliament' as us... | Prof. H.M. Zafrullah, who appeared for Jayasooriya Alankarage Peter Nelson Perera, the Intervenient-Petitioner-Respondent in SC Application 666/12 and 667/12(FR), submitted that Standing Orders of Parliament are sui generis in nature since they were made by Parliament for the purposes of Article 107(3) of the Constitut... | 1 |
What is the 'Peter Principle' and how does it relate to promotions in a hierarchy? | The 'Peter Principle' was enunciated by Dr. Laurence J. Peter and Raymond Hull in their book 'The Peter Principle,' a humorous treatise which introduced the science of 'Hierarchiology.' The principle states that in a hierarchy, members are promoted so long as they work competently. Eventually, they are promoted to a po... | weight to be attached to each of these facets, and to merit in relation to seniority, would vary with the post and its functions, duties and responsibilities.” The so called “Peter principle” was enunciated by Dr. Laurence J. Peter and Raymond Hull in their book The Peter Principle, a humorous treatise which introduced... | 1 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what were the key questions of law considered in Case Number SC. Appeal 34/2015? | In Case Number SC. Appeal 34/2015, the Supreme Court of the Democratic Socialist Republic of Sri Lanka considered the following key questions of law: (a) Whether the Court of Appeal erred in law by holding that the entertainment of a murderous intention disentitles the Petitioner to the mitigatory plea of grave and sud... | In this case the Accused is charged for having murdered his wife on or about 20.11.2005 in very close proximity to the Tangalle Police Station. Accused-Appellant is an Attorney-at-Law. In the course of the trial before the High Court the Accused-Appellant had pleaded the mitigatory plea of grave and sudden provocation,... | 1 |
What legal issues were addressed by the Supreme Court in the case S.C.F.R. Application No.211/2010? | The legal issues addressed by the Supreme Court in the case S.C.F.R. Application No.211/2010 included the evaluation of executive and administrative actions for legality and arbitrariness, and the assessment of competence for confirmation in post. | Petitioner‟s practical knowledge was assessed by P9, and to maintain fairness in the process of assessment each of the 11 questions on P9 were set and examined by different members of the relevant Departments, and the Petitioner failed to obtain satisfactory marks. The Vice Chancellor had, in his affidavit stated that,... | 2 |
What was the key finding of the Supreme Court in the case S.C. (FR) Application No.317/2010? | The key finding of the Supreme Court in the case S.C. (FR) Application No.317/2010 was that the petitioner had not been successful in establishing that her fundamental right guaranteed in terms of Article 12(1) of the Constitution had been violated by the respondents. The court found that the classification based on sa... | increment would be deferred by the period of time corresponding to the period of delay. This action cannot be regarded as a violation of petitioner’s fundamental right guaranteed in terms of Article 12(1) of the Constitution. For the reasons aforesaid I hold that the petitioner had not been successful in establishing t... | 2 |
What directions did the Supreme Court give to the Board of Review in Case Number SC Appeal 161/2013? | In Case Number SC Appeal 161/2013, the Supreme Court directed the Board of Review to hold a fresh inquiry. Additionally, the Court instructed the Board of Review to reconsider the application to admit documents X1, X2, and X3 as evidence, applying the principles referred to in the judgment. | the Board of Review dated 03-05-2006 and direct the Board of Review to hold a fresh inqiry. 10 In the event an application is made to have documents X1 X2and X3 admitted as evidence in terms of Section 32 (1) of the Law, the Board of review is further directed to reconsider the application applying the principles refer... | 2 |
What legal principle did the Supreme Court of Sri Lanka emphasize in Case Number S.C. (FR) Application No. 67/2008 regarding administrative decisions? | In Case Number S.C. (FR) Application No. 67/2008, the Supreme Court of the Democratic Socialist Republic of Sri Lanka emphasized the legal principle that administrative authorities are required to provide reasons for their decisions. The Court highlighted that the failure to provide reasons is arbitrary, unfair, and un... | General Medical Council that her fitness to practice was impaired. In February 1998 her case came before the Health Committee again and the Committee concluded that her registration should be suspended indefinitely. The only reason given for the decision was that the Committee have carefully considered all the informat... | 2 |
What were the key findings in the Supreme Court case S.C. (F/R) No. 341/2009? | The key findings were that the Petitioner's claim of being similarly situated to the 10th Respondent was unfounded, and the Petitioner did not establish that he became aware of the alleged infringement on the specified later date. | S.C. (F/R) No. 341/2009 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA S.C. (F/R) No. 341/2009 In the matter of an Application under and in terms of Articles 17 and 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Mr. N.N. De Silva, Superintendent of Police, No. 26, W... | 2 |
What was the decision of the High Court in Case Number NCP/HCCA/LTA/10/2008, which was later appealed to the Supreme Court? | The High Court in Case Number NCP/HCCA/LTA/10/2008 upheld a preliminary objection regarding the lack of a mandatory attorney's certificate on the appeal petition, leading to the dismissal of the employer's appeal. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application for Special Leave to Appeal made in terms of Article 154P of the of the Constitution of the Democratic Socialist Republic of Sri Lanka read with the provisions of Section 9 of the High Court of the Provinces (Specia... | 2 |
What were the key points raised by the Plaintiff in response to the preliminary objection in Case Number S.C.H.C. C.A. L.A. 277/11? | In response to the preliminary objection in Case Number S.C.H.C. C.A. L.A. 277/11, the Plaintiff raised the following key points: 1. The first and second defendants died after filing the answers but before the trial, and their legal representatives were substituted as 1A and 2A Defendants. 2. On the date of the trial, ... | 25.05.2012, Learned Counsel for the third Defendant informed Court that he would be taking up a preliminary objection that the leave to appeal application should be rejected in limine for failure to make the necessary parties as Defendants. The inquiry into the preliminary objection was fixed for 18.09.2012. However, o... | 2 |
What legal principle regarding c.i.f contracts is highlighted in the case SC CHC Appeal No.28/2009? | The legal principle regarding c.i.f contracts highlighted in the case SC CHC Appeal No.28/2009 is that in c.i.f contracts, the risk passes on shipment, and if the goods are lost at sea, the buyer is still bound to pay the price, although he will generally have the benefit of the insurance policy. The delivery of the go... | 430 and 431 under the heading of „Passing of property and risk‟ reads as follows: “In c.i.f contracts the risk once again passes on shipment, and if the goods are lost at the sea the buyer is still bound to pay the price, although he will as a rule have the benefit of the insurance policy. The law is the same even if t... | 2 |
In Case Number S.C. Appeal 146/2014, what was the Supreme Court's decision regarding the application of Section 406 of the Civil Procedure Code? | In Case Number S.C. Appeal 146/2014, the Supreme Court decided that Section 406 of the Civil Procedure Code does not apply to the circumstances of the case because the action was filed in the Debt Recovery case before case No. 60787/MR. The court emphasized that the provisions of the Debt Recovery Act must be strictly ... | In Ordiris Silva & Sons Ltd. Vs. Jayawardena 55 NLR 355 where a plaint mistakenly named the Defendant as “Ordiris Silva & Sons” where in fact, 10 the Defendant was Odris Silva & Sons Ltd. and the court allowed the Plaintiff to amend the caption of the plaint – held for the purpose of reckoning the period of prescriptio... | 2 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC Appeal No. 30/2008, what was the role of Rajakaruna in the alleged incident involving the Respondent? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC Appeal No. 30/2008, Rajakaruna was a Dispensary Assistant who was said to have been in the office when the alleged threat was made by the Respondent. | Rajakaruna was a Dispensary Assistant who is said to have been in the office when the alleged threat was made out by the Respondent. Doliet who had given evidence before the Magistrate’s court did not give evidence before the Tribunal. An examination of the evidence of Krishnabawan gives the impression that he was not ... | 2 |
What were the questions of law for which leave to appeal was granted in the case SC (LA) Appeal No. 70/2016? | In the case SC (LA) Appeal No. 70/2016, leave to appeal was granted on two questions of law: (1) Did the Honourable High Court Judge err in not taking into consideration the totality of the evidence, both documentary and oral, in coming to the conclusion that the Plaintiffs have not established the burden of establishi... | All of “Ranasiri” No. 170, Horana Road, Kottawa, Pannipitiya. SUBSTITUTED 1ST DEFENDANT-APPELLANTS Vs. 1. Gnanawathie Abeysinghe 47, Depanama, Pannipitiya. 2. Ruvini Sandamali Abeysinghe Appearing by her Power of Attorney Holder Rathnamali Sirikanthi Abeysinghe Dissanayake. Both of 47, Depanama, Pannipitiya. PLAINTIFF-... | 2 |
Who were the judges on the judicial panel for Case Number S.C. (F/R) No. 326/2008 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | The judicial panel for Case Number S.C. (F/R) No. 326/2008 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka consisted of Judge Shiranee Tilakawardane, Judge Saleem Marsoof, and Judge S.I. Imam. | 20.08.2009 WRITTEN SUBMISSIONS OF THE 1ST RESPONDENT TENDERED ON : 23.07.2009 DECIDED ON : 10.11.2010 SHIRANEE TILAKAWARDANE J. Leave to proceed was granted on the Application filed by the Petitioner on the alleged violation of his Fundamental Rights under Articles 11, 12(1), 13(1) and 13(2) of the Constitution. During... | 2 |
What legal issues were addressed by the Supreme Court in Case Number S.C. Appeal No. 33A/2012? | The legal issues addressed by the Supreme Court in Case Number S.C. Appeal No. 33A/2012 included the lawfulness of sub-letting and the validity of interim injunctions. | District Judge to dismiss the plaint of the Plaintiff-Respondent-Respondent (hereinafter sometimes referred to as the plaintiff), on the preliminary objections raised by her in sub paragraphs (a) to (c) and (e) of the said petition. Further by sub paragraph (d) of the prayer to the said petition the 1st Defendant-Appel... | 2 |
What was the outcome of the application for leave to appeal in Case Number S.C.H.C. L.A. 86/12? | The application for leave to appeal in Case Number S.C.H.C. L.A. 86/12 was dismissed by the Supreme Court of the Democratic Socialist Republic of Sri Lanka due to non-compliance with the procedural time limits set by the Civil Procedure Code. | Court from an Order dated 16.07.2012 made by the Commercial High Court of Colombo in case bearing No. H.C. (Civil) 17/2012/CO. It is not in dispute that the Commercial High Court by its Order dated 16.07.2012 refused to grant the interim relief sought in terms of paragraphs(vii) and (viii) of the prayers to the Petitio... | 2 |
What was the outcome of the Fundamental Rights Application in case SC/FR/ Application No 43/2017? | The outcome of the Fundamental Rights Application in case SC/FR/ Application No 43/2017 was that the application was dismissed. | the 1st Petitioner. The said deed referred to a Plan 560 dated 05.05.2015. Since the said deed referred to premises 110/2, the 1st Respondent had obtained, copies of the said deed and the Plan referred to above. As observed by me, the 1st to the 3rd paragraphs of the said deed of gift reads as follows; fuys we;eï ;ekl ... | 2 |
What was the Supreme Court's reasoning for its decision in SC. Appeal No. 85/2011? | The Supreme Court's reasoning for its decision in SC. Appeal No. 85/2011 was that interpreting Section 185(2) of the Pradeshiya Sabha Act as mandatory would defeat the intention of the legislator, which was to ensure good governance based on a transparent system. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an appeal to the Supreme Court of the Democratic Socialist Republic of Sri Lanka. SC. Appeal No. 85/2011 SC. (Spl)LA. No. 30/2011 CA(Writ) No. 928/08 Sarath Dharma Siri Bandara, No. 86, Hewaheta Road, Galaha. Petitioner Vs. 1. Sar... | 2 |
What was the reason for the Supreme Court's decision to allow the appeal in Case Number S.C. Appeal No. 111/2014? | The reason for the Supreme Court's decision to allow the appeal in Case Number S.C. Appeal No. 111/2014 was that the partition decree is final and conclusive, and the right of way case should be laid by until the partition case is concluded. | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA S.C. Appeal No. 111/2014 SC/HCCA/LA/150/2014 SP/HCCA/TAN/LA/06/2013 D.C. Tangalle Case No. 2687/L Lutz Paproth Seenimodara Tangalle. PLAINTIFF Vs. 1. Otto Geissler Seenimodara Nakulugamuwa. 2. Dirk Bryant Flamer – Caldera No. 47/17, Ward place, Co... | 2 |
What was the judgment issued by the Supreme Court in Case Number SC Appeal 246,247,249 & 250/14? | The judgment was issued by Upaly Abeyrathne J. The Supreme Court set aside the decisions of the lower courts and affirmed the original Magistrate's order for eviction. | 2. The Attorney General Attorney General’s Department Colombo. Applicant-Respondent-Petitioners Vs Kalupahana Mestrige Jayatissa No.09/20, Mahajana Pola Kalutara South Respondent-Petitioner-Respondent AND NOW BETWEEN 1. Divisional Secretary Kalutara 2. The Attorney General Attorney General’s Department Colombo. Applica... | 2 |
What is the case number and year of the application filed by the Ceylon Electricity Board Accountants’ Association? | The case number is SC FR No. 18/2015, and the year is 2015. | No. 50, Sir Chiththampalam A. Gardiner Mawatha, Colombo 02. 10. J. Dadallage, Member, Ceylon Electricity Board, No. 50, Sir Chiththampalam A. Gardiner Mawatha, Colombo 02. 10a. S.D.A.B. Boralessa, Member, Ceylon Electricity Board, No. 50, Sir Chiththampalam A. Gardiner Mawatha, Colombo 02. 3 11. R. Semasinghe, Member, ... | 2 |
In the context of Sri Lankan law, what is the principle regarding the presumption of title for a person who has been unlawfully dispossessed from land? | In the context of Sri Lankan law, a presumption of title may arise in favor of persons who have been unlawfully dispossessed from the land which forms the subject matter of a case. This principle is explained by Burnside CJ in Mudalihamy v Appuhamy (1891) CL Rep 67, where it is stated that a plaintiff who has been in p... | Jayasundara (1955) 58 NLR 169) or an individual who had ousted the plaintiff from possession (Mudalihamy v Appuhamy (1891) CLRep 67 and Rawter v Ross (1880) 3 SCC 145), proof of which circumstances would give rise to a presumption of title in favour of the plaintiff obviating the need for him to establish title against... | 2 |
What did the Supreme Court of Sri Lanka decide regarding the findings of primary facts by a trial judge in Case Number SC / Appeal / 87/2002? | In Case Number SC / Appeal / 87/2002, the Supreme Court of Sri Lanka decided that the findings of primary facts by a trial judge who hears and sees witnesses are not to be lightly disturbed on appeal. This principle was referenced from the case Alwis vs. Piyasena Fernando (1993) 1 SLR 119. | Defendant, by Deed of Transfer bearing No 8379, the said Deed had not been produced for the examination of the Court. Therefore the Court has to decide that said Diamon, having believed that his 727/2560 share amount to 3 acres, had transferred ½ share of his said rights to Punyasena and balance ½ share to his son, the... | 2 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what was the outcome of the appeal in Case Number SC / Appeal No. 71/2014? | In Case Number SC / Appeal No. 71/2014, the Supreme Court of the Democratic Socialist Republic of Sri Lanka allowed the appeal, setting aside the judgments of the District Court and the Civil Appellate High Court. The Supreme Court held that the 3rd Defendant Appellant was not liable as a trustee and that there was no ... | show that they wanted a reasonable amount which was in fact not specified either in the Plaint or in evidence. Yet the prayer of the Plaint prayed for rescission of the deed of transfer by the 1st and the 2nd Defendants to the 3rd Defendant Appellant on the ground of fraud. The District Judge held with the Plaintiffs a... | 2 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what was the outcome of the interim order issued in Case Number S.C. FR Application No. 170/2015? | In Case Number S.C. FR Application No. 170/2015, the Supreme Court of the Democratic Socialist Republic of Sri Lanka issued an interim order restraining the Respondents from requiring the payment of licence fees for the year 2015 as per Excise Notification No. 974 until the final hearing and determination of the applic... | 2015 in terms of the Excise Notification No. 974 published in the Gazette Extraordinary No. 1901/19 dated 13.02.15, until the final hearing and determination of this application. Consequently, any action on the document marked X1 dated 07.10.2015 issued by the 3rd Respondent is also stayed until the final hearing and d... | 2 |
What was the District Court's ruling regarding the document marked P5 in Case Number S.C. Appeal No. 82/2008? | In Case Number S.C. Appeal No. 82/2008, the District Court ruled that the registration of the document marked P5 did not comply with section 60 of the Land Development Ordinance. The court found that the document was not valid as it was registered after the death of the original permit-holder, Palate Gedera Jamis. | f.or fcañia ñh f.dia we;s neúka tlS oSukd m;%fha uq,a whs;sh Tyqf.a orejd jk m,df;a f.or fïrsj;S kñka mejrSu. ” Learned Counsel for the respondent contended that he is relying on the document marked P5 and by that document the respondent has been recognized as the permit holder of the land in question. Since the respon... | 2 |
In Sri Lanka, what does Article 76 of the Constitution state about the delegation of legislative power? | Article 76 of the Constitution of Sri Lanka refers to the delegation of legislative power. Article 76(1) states that Parliament shall not abdicate or in any manner alienate its legislative power and shall not set up any authority with any legislative power. However, sub-Articles to Article 76 state that it shall not be... | Constitution or any part thereof or repealing the Constitution as a whole, unless such law also enacts a new Constitution to replace it. Article 76 of the Constitution refers to delegation of legislative power and Article 76(1) states that Parliament shall not abdicate or in any manner alienate its legislative power an... | 2 |
What was the outcome of the appeal in Case Number S.C. Appeal No. 45/11 of 2011 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | In Case Number S.C. Appeal No. 45/11 of 2011, the Supreme Court of the Democratic Socialist Republic of Sri Lanka dismissed the appeal. The decision of the High Court in WP/HCCA/COL/LA/111/2009 and that of the District Court in Case No. 328/08/DLM was affirmed. Costs in a sum of Rs 100,000/- were ordered against the Ap... | Sgd. JUDGE OF THE SUPREME COURT MARASINGHE, J I agree Sgd. JUDGE OF THE SUPREME COURT ALUWIHARE, PC, J I agree Sgd. JUDGE OF THE SUPREME COURT | 2 |
What did the testimony of the 1st Respondent-Respondent's witness reveal about the agreement on enhanced gratuity payments in the case SC. Appeal 78/08 SC (SPL) LA No. 121/08 CA. (WR) 1192/05? | In the case SC. Appeal 78/08 SC (SPL) LA No. 121/08 CA. (WR) 1192/05, the testimony of the 1st Respondent-Respondent's witness revealed that the document A18 was merely a suggestion subject to other conditions and not a promise. The witness stated that there was no agreement in A18 and even with regard to A19, which wa... | mentioned at the discussion is tied down to agreement being reached on the following matters: a) guarantors for hire purchase contracts, b) housing loans, c) designations in electronic department, d) presence of foremen during overtime. Further it goes on to say that these are the matters on which the 1st respondent wa... | 2 |
What were the specific documents that were not objected to by Brooke Bond in the Supreme Court case SC (CHC) Appeal 48/99 HC 32/96(3) DC Colombo 3411/Spl? | In the Supreme Court case SC (CHC) Appeal 48/99 HC 32/96(3) DC Colombo 3411/Spl, the specific documents that were not objected to by Brooke Bond were marked A1 to A4, A9, A10, A14, A29, A30, A42, A43, and A50 to A52. | [1915-1916] 18 NLR 85; Adaicappa Chettiar v. Thomas Cook and Son [1930] 31 NLR 385 Perera v. Seyed Mohomed [1957] 58 NLR 246; Balapitiya Gunananda Thero v. Talalle Methananda Thero [1997] 2 Sri LR 101; Cinemas Limited v. Sounderarajan [1998] 2 Sri LR 16. Since the documents marked A1 to A52 had been read in evidence on... | 2 |
What were the allegations made by Asitha Nanayakkara Liyanage in the Fundamental Rights Application S.C/ FR Application No. 573/2010 in the Supreme Court of Sri Lanka? | The petitioner alleged harassment and abuse by the respondents, which culminated in the demolition of part of his residential house on 18.09.2010. The petitioner claimed that the respondents destroyed his parapet wall, two toilets, and a washroom using equipment and vehicles belonging to the Kelaniya Pradeshiya Sabha. ... | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA S.C/ FR Application No. 573/2010 In the matter of an Application and in terms of Article 126 of the Constitution of the Democratic Socialist Republic of Sri Lanka. 1. Asitha Nanayakkara Liyanage No. 1, Iriyavetiya Junction, Kandy Road, Kiribathgod... | 2 |
What were the key legal issues addressed by the Supreme Court in Case Number S.C (Spl) L.A. No. 272/2013? | In Case Number S.C (Spl) L.A. No. 272/2013, the key legal issues addressed by the Supreme Court included whether the totality of evidence was considered by the Court of Appeal, whether the standard of proof was considered by reference to the evidence, whether the evidence on the question of right of 'self defence' was ... | 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA S.C (Spl) L.A. No. 272/2013 C.A (Criminal) Appeal No. 182/2003 H.C Hambanthota Case No. 05/2006 In the matter of an Application for Special Leave to Appeal. The Democratic Socialist Republic of Sri Lanka COMPLAINANT Vs. 1. Lokugalappaththige Cyril... | 2 |
What actions did Gamini Ranasinghe take upon identifying discrepancies in the shipping documents in the case SC (CHC) Appeal No. 29/2003? | Upon identifying discrepancies in the shipping documents in the case SC (CHC) Appeal No. 29/2003, Gamini Ranasinghe took the following actions: On 15th September 1993, he requested the Commercial Bank of Ceylon Limited not to make payments upon the Letter of Credit until he checked all the relevant documents. After che... | invoice, certificate of insurance and the certificate of the Malaysian Timber Industry Board only the following day. On 15th September 1993, he requested the Respondent Bank not to make payments upon the said Letter of credit until the Appellant checked all the relevant documents. Thereafter, having checked the said do... | 2 |
What was the main charge against Mrs. K.L.S. Mendis in the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC APPEAL No 22/2016? | The main charge against Mrs. K.L.S. Mendis was that she, being a typist at Hatton National Bank, transferred Rs. 73,000/- from the account of one Jayasinghe to the account of her husband, Mr. Mendis. | d) Did the High Court of the Western Province ( Holden in Colombo) err in law by holding that the termination of the Petitioner's service was justified ? 5 In addition to the said questions of law, the learned counsel appearing for the Respondent-Respondent-Respondent ( hereinafter referred to as the Respondent- Respon... | 2 |
What was the judgment of the High Court of Hambantota in Case Number H.C. Hambantota 63/99? | In Case Number H.C. Hambantota 63/99, the High Court found the Appellant, Arumabadadurage Ariyaratne, guilty on two counts: kidnapping and rape. He was sentenced to five years of rigorous imprisonment for the first count and ten years for the second count, with both sentences to run concurrently. | same which was made exparte. This rule of practice has become deeply ingrained in our legal system. The affidavit dated 16.02.2009 had been filed in this Court by Dr. Ranjit Fernando explaining the default of his appearance before the Court of Appeal on 02.02.2009. The Court of Appeal thus, did not have the opportunity... | 2 |
What was the initial claim made by the Plaintiff-Respondent in the High Court of the Western Province, Colombo, in Case Number SC/CHC/19/2011? | In Case Number SC/CHC/19/2011, the Plaintiff-Respondent, FOREST GLEN HOTEL & SPA (PVT) LTD, initially instituted action in the High Court of the Western Province, Colombo, seeking Rs. 28,704,466 with legal interest, or alternatively Rs. 24,954,466 with legal interest, due to a terminated contract for the construction o... | SC/CHC/19/2011 1 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA SC.Appeal No. SC/CHC/19/2011 In the matter of an Appeal in terms HC. Civil No. 278/2007/MR of Sections 5(1) & 6 of the High Court of the Provinces (Special Provisions) Act No. 10 of 1996 read with Chapter LVIII of the Civil Procedur... | 2 |
What legal provisions were discussed in relation to the withholding of Mohamed Niswer Ismail's pension in Case Number SC (FR) Application No. 389/2015? | In Case Number SC (FR) Application No. 389/2015, the Supreme Court discussed the application of Section 12 of the Minutes on Pensions and the governing Public Administration Circular No. 29/90. The Court found that these provisions had not been correctly observed and applied in relation to the petitioner, Mohamed Niswe... | operation of law (14.05.2014), and letter 1R2 provides details in this regard. Whatever decision taken by the officials were very late and was done only after Petitioner’s retirement on 14.05.2014. I have discussed above the application of Section 12 of the Minutes on Pensions and the governing Public Administration 11... | 2 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC/FR/487/2011, was the petitioner eligible to sit for the Limited Competitive Examination for promotion to Grade III of the Management Assistants’ Service? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC/FR/487/2011, the petitioner, H.M.M. Fashan, was not eligible to sit for the Limited Competitive Examination for promotion to Grade III of the Management Assistants’ Service. According to a Gazette notification dated 14th May 2010, on... | Petitioner did not have a formal letter of appointment appointing him to a permanent post in the Provincial Public Service; therefore, he was not eligible for absorption into the Combined Services. The Period of Applicability of Circular No. 02/2002 Paragraph 5:1 of Circular No. 02/2002 states that the Provincial Publi... | 2 |
In the context of Sri Lankan law, what is the significance of properly framed charges in a criminal trial? | Under the Criminal Procedure Code of Sri Lanka, properly framed charges are essential as they indicate the offense with which the accused is charged. Sections 164 and 165 of the Code establish that without a properly framed charge, the court cannot acquit the accused because it cannot know, nor can the accused be adequ... | simply to discharge is evident in Chapter XVI of the said Code of Criminal Procedure Act, Chapter XVI which establishes that the purpose of “the Charge” is to indicate the offense with which the accused is charged. (Vide Sections 164 and 165). Where there is no charge framed in terms of the law, the Court cannot acquit... | 2 |
What fundamental rights were found to be violated in the case SCFR Application No:26/2009 by the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | In the case SCFR Application No:26/2009, the Supreme Court of the Democratic Socialist Republic of Sri Lanka found that the fundamental rights of the petitioner, Dodampe Gamage Asantha Aravinda, under Articles 11 and 12(1) of the Constitution were violated by the Officer-in-Charge (OIC) of Pitabeddara Police Station, l... | the Petitioner. I therefore hold that the 1st to 10th Respondents are not guilty of violating the fundamental rights of the Petitioner. The OIC Pitabeddara late Mr. Karunasena has violated the fundamental rights of the Petitioner guaranteed by Article 11 and 12(1) of Constitution. The 1st to 10th Respondents have not v... | 2 |
What legal provisions and rules did Mr. D.S. Bodhinagoda violate according to the judgment in Case Number S.C. Rule No. 01/2010 by the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | In Case Number S.C. Rule No. 01/2010, the Supreme Court of the Democratic Socialist Republic of Sri Lanka found that Mr. D.S. Bodhinagoda violated Section 42(2) of the Judicature Act No. 2 of 1978, Rule 79 of the Supreme Court Rules of 1978, and Rule No. 60 of the Supreme Court (Conduct of and Etiquette of Attorneys-at... | It now transpires that the lawful owner of the land described in the Schedules of the said Deeds- Anura S. Hewawasam had never sold the said land and upon being informed of it has lodged a complaint to that effect. (l) Furthermore, though you had agreed on 8th September 2007, at the inquiry held by a panel appointed by... | 2 |
What was the judgment of the Civil Appellate High Court in Case Number S.C Appeal No. 43/2017? | The Civil Appellate High Court set aside the judgment of the learned District Judge. | built a house in the said land and had been operating a rise mill but later on they closed down the rice mill. Thereafter the Defendants with the leave and licence of the Plaintiff, occupied a room (lvldurh) in the said premises. Plaintiff aver in the plaint that the Defendants requested that the house and property be ... | 2 |
What was the Supreme Court's decision regarding the petitioner's explanation for the delay in filing the application in Case No. S.C. (Writ) 01/2014? | In Case No. S.C. (Writ) 01/2014, the Supreme Court of the Democratic Socialist Republic of Sri Lanka dismissed the petitioner's explanation for the delay in filing the application. The petitioner claimed unawareness of the publication of a Section 2 notice under Act No. 2 of 1980. However, the court held that the publi... | the constitution cannot be said to offend the Constitution. In any event in the 8 context and circumstances of the case Petitioner has filed the application in the Supreme Court beyond the period permitted by Act No. 2 of 1980, and I hold that it is mandatory to comply with time limits specified by Act No. 2 of 1980, a... | 3 |
What were the key legal issues addressed by the Supreme Court in Case Number SC Appeal No 26/2009? | In Case Number SC Appeal No 26/2009, the Supreme Court addressed several key legal issues, including the validity of the proxy, the authority of the attorney to act without a proxy, and the effect of the late filing of a proxy. | “Shanthi Rice Mill” Hathamuna, Hingurakgoda Defendant-Appellant-Respondent Before : Hon. J.A.N. de Silva CJ. Hon. Sripavan J Hon. Ekanayake J Counsel : Mr. Ananda Kasturiarachchi with Theja Malawarachchi for the Plaintiff-Respondent-Appellant Mr. W Dayaratne PC with Ms. R Jayawardene for the Defendant- Appellant-Respon... | 3 |
What was the main evidence provided by the witness Emilin in Case Number SC Appeal No: 97/09? | In Case Number SC Appeal No: 97/09, the main evidence provided by the witness Emilin was that the 2nd accused attacked the deceased with a sword, while the 1st and 3rd accused attacked him with clubs. She also testified that the accused dragged the deceased away, and she subsequently ran to her husband’s sister Asilin’... | Three accused were indicted before the High Court of Kegalle for commiting the murder of one Godayalage Sadiris. Of the three accused, the third accused, Kuruppu Arachchilage Gamini Jayatissa died pending trial and the case proceeded against the 1st and 2nd accused. Both accused were convicted and were sentenced to dea... | 3 |
What does section 334(1) of the Criminal Procedure Code mandate the court to do in Sri Lanka? | Under section 334(1) of the Criminal Procedure Code in Sri Lanka, the court is mandated to allow the appeal where (a) the verdict is unreasonable or cannot be supported having regard to the evidence; (b) there is a wrong decision on any question of law; or (c) there is a miscarriage of justice on any ground. | “1. The enacting part of the sub-section (1) of section 334 ‘mandates’ the court to allow the appeal where – (a) the verdict is unreasonable or cannot be supported having regard to the evidence; or (b) there is a wrong decision on any question of law; or (c) there is a miscarriage of justice on any ground. The proviso ... | 3 |
What was the outcome of the Supreme Court's decision in Case Number SC Appeal 39A/2010? | In Case Number SC Appeal 39A/2010, the Supreme Court set aside the judgments of both the District Court and the High Court. The Court concluded that the permit was issued under the Crown Land Ordinance No. 8 of 1947 and that the Plaintiff-Respondent had no title to the land after her husband's death. The Supreme Court ... | The Plaintiff-Respondent, in the plaint, inter alia, sought the following relief. 1. A declaration of title in respect of the land described in the 2nd schedule to the plaint. 2. Ejectment of the Defendant-Appellant and his agent from the said land (described in the 2nd schedule to the plaint) and grant vacant possessi... | 3 |
What was the Supreme Court's decision regarding the payment of half wages during the period of interdiction in Case Number S.C. F.R. No. 232/2012? | In Case Number S.C. F.R. No. 232/2012, the Supreme Court of the Democratic Socialist Republic of Sri Lanka decided that the Public Service Commission was acting entirely within the scope of its lawful authority and in pursuance of the applicable provisions of the Establishments Code when it decided to pay half wages du... | had ample authority to decide to pay half wages during the period of interdiction of the Petitioner. Further, it is evident that, the aforesaid Sections of the Establishments Code are to the effect that, when a public officer is interdicted, the Disciplinary Authority may either not 13 pay him any emoluments during the... | 3 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what were the key issues related to fraud in Case Number SC Appeal No. 7/2004? | In Case Number SC Appeal No. 7/2004, the key issues related to fraud were whether Deed No. 4880 (P4) was a fraudulent transfer and whether the said deed was the product of fraudulent collusion between Mr. Kahatapitiya and the Appellant. These issues were specifically raised in issues 17 and 18, which were answered in t... | tfia w;aika ,nd f.k we;af;a wxl 4753 ork fmdfrdkaÿ Tmamqfjs whs;sh meusKs,slreg mejrSfus kHdfhkao @ 15& tfia ysia lvodis j,g w;aika lr we;af;a lygmsgsh uy;d flfrys ;snQ wp, jsYajdih u;o @ 16& wxl 1 iy 2 js;a;slrejka g by; lS wxl 4880 ork Tmamqfjs i|yka m%;sYaGd uqo,a ,nd we;ao @ 17& by; lS wxl 4880 ork Tmamqj fm%davdld... | 3 |
What did the Supreme Court of Sri Lanka decide in Case Number SC Appeal 02/09 SC HC CA LA 110/08 HC CA /KUR 16/01 (f) DC Maho 4241/P regarding the acceptance of the Deed of Gift? | In Case Number SC Appeal 02/09 SC HC CA LA 110/08 HC CA /KUR 16/01 (f) DC Maho 4241/P, the Supreme Court of Sri Lanka decided that the High Court erred in law by misinterpreting and misconstruing that there was no acceptance of the Deed of Gift by the donees. The Supreme Court found that the Deed of Gift was accepted b... | decided cases (Setha v Weerakoon ((1948) 49 N.L.R. 225), The Tasmania ((1890) 15 A.C. 223), Appuhamy v Nona ((1912) 15 N.L.R. 311), Manian v Sanmugam and Arulampillai v Thambu ((1944) 45 N.L.R. 457)). After a careful examination of the aforementioned decisions, it was clearly decided in Gunawardena v Deraniyagala and o... | 3 |
What was the role of the Political Victimization Committee in the Supreme Court case SC F/R Application No: 417/2005? | The Political Victimization Committee was involved in the recommendations for promotions, which the Petitioners claimed were influenced by political victimization. The failure to include this committee as a necessary party was a key reason for the dismissal of the application. | S.N.Wijithsingh for Petitioners Uditha Egalahewa for the 1st to 12th Respondents Rajitha Perera SC for Attorney General Argued on 2nd July 2010. Written Submissions tendered on For Petitioners : 4th August 2010 For Respondents: 11th August 2010 Decided on : The Petitioners in their application dated 13th October 2005 c... | 3 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number S.C.Appeal No.43/2014, what was the primary issue regarding the document marked as P10? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number S.C.Appeal No.43/2014, the primary issue regarding the document marked as P10 was whether it bore the genuine signature of the original plaintiff. The original plaintiff alleged that the document did not bear his signature and that the ... | license had been made, upon submitting a document which is dated 30.01.1968. The said document was marked as P10 in evidence. The original plaintiff alleged that the said document marked P10 does not bear his signature. He also alleged that the placing of the signature on that document marked P10 was not an act or deed... | 3 |
What was the Plaintiffs' position regarding the marriage certificate presented by the 1st Defendant in Case Number SC APPEAL 179/2015 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka? | In Case Number SC APPEAL 179/2015 in the Supreme Court of the Democratic Socialist Republic of Sri Lanka, the Plaintiffs' position was that the marriage certificate presented by the 1st Defendant was false and that the signature of their brother, G.D. Gunapala, was forged in the said marriage certificate. | under case No. DLM / 203/ 2014 pleading inter alia for a declaration of title to the particular property described in the schedule to the Plaint and to eject the Defendants and others who are holding under them. The Defendants are mother and daughter residing in the premises No. 109, Dr. N.M.Perera Mawatha, Colombo 8 w... | 3 |
What evidence did the 2nd respondent fail to provide to the Supreme Court of the Democratic Socialist Republic of Sri Lanka regarding the Governor's request to the petitioner? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC FR Application No. 457/2008, the 2nd respondent failed to provide the disc containing the audio recording or a transcript of the interview in which the Governor of the Southern Province allegedly informed the petitioner not to assume... | her. In such circumstances there is no occasion for her have any conflicts with the members of the Pradesheeya Saba. The 2nd respondent has failed to provide any material to substantiate his allegation against the petitioner. The 2nd respondent in his affidavit has also stated that he requested the petitioner to get a ... | 3 |
What was the preliminary objection raised by the 7th Defendant-Respondent-Petitioner-Appellant in the High Court in Case Number SC Appeal 123/2010? | The 7th Defendant-Respondent-Petitioner-Appellant raised a preliminary objection in the High Court that the Plaintiff-Appellant-Respondent-Respondent had not named all the respondents in the petition of appeal as required by Section 758 of the Civil Procedure Code. | Sumudu Liyanaarchchi for the 1a and 3rd Defendant-Respondent-Respondent-Respondents Argued on : 7.7.2014 Decided on : 17.10.2014 Sisira J De Abrew J. The Plaintiff-Appellant-Respondent-Respondent (hereinafter referred to as the Plaintiff-Respondent) filed action in the District Court of Gampaha (DC Gampaha 34135/P) to ... | 3 |
What reliefs did the petitioner seek in the case SC. FR. Application No. 24/2013? | In the case SC. FR. Application No. 24/2013, the petitioner, Kalidasage Roshan Chaminda Wijewardhana, sought several reliefs. These included an order directing the 1st Respondent, Kurunegala Plantations Limited, to act under Clause 22 of the lease agreement and extend the lease for a period of 3 years from 08.08.2011. ... | 4 The reliefs prayed for by the Petitioners in his petition are, to make order directing the 1st Respondent to act under Clause 22 of the lease agreement and take steps to extend the lease agreement for a period of 3 years from 08.08.2011 or to make order to pay the Petitioner the amount corresponding to the lease rent... | 3 |
What was the key finding of the Supreme Court in Case Number SC. FR. No. 37/2013 regarding the actions of the Respondents? | The key finding of the Supreme Court in Case Number SC. FR. No. 37/2013 was that the Respondents acted arbitrarily and in a discriminating manner in not admitting the 2nd Petitioner to Grade 1 of Sirimavo Bandaranaike Vidyalaya. | reason for setting aside the said marks, they have acted arbitrarily and in a discriminating manner in not admitting the 2nd Petitioner to Grade 1 of Sirimavo Bandaranaike Vidyalaya. In my opinion, the fundamental rights of the Petitioners guaranteed under Article 12(1) of the Constitution have been infringed by the Re... | 3 |
What did the Supreme Court of the Democratic Socialist Republic of Sri Lanka conclude about the presence of the 2nd Respondent during the incident in Case Number S.C. [F/R] No. 555/2009? | The Supreme Court of the Democratic Socialist Republic of Sri Lanka concluded that the 2nd Respondent was not on duty on the night of the incident and was at home at the time these events unfolded, as confirmed by the Police Report. | heard of the assault by the police from the Petitioner’s mother and that he witnessed no such incident. Sooriya Mudiyanselage Niroshana Mahesh Kumar alleged that he saw none of the incidents described and that he was about 30 meters away from the scene and as such got no clear visual of the events that were described b... | 3 |
What was the outcome of the appeal in the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC_Appeal_102_of_2010? | In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, Case Number SC_Appeal_102_of_2010, the appeal was allowed. The orders of the High Court dated 17th December 2009 and 19th February 2010 were set aside, and the judgment of the District Court of Kalmunai dated 7th May 2002 was affirmed. | made on 17.12.2009 and 19.02.2010. Leave was granted on 23.09.2010 on the questions set out in paragraph 22 of the Petition dated 19th March 2010. However, in the course of the argument, both Counsel agreed to limit their submissions to the following questions only:- (a) Is the Order of the High Court dated 17th Decemb... | 3 |
In the context of school admissions in Sri Lanka, what is the significance of the electoral register extract according to Circular No 17/2016? | According to Circular No 17/2016 governing school admissions in Sri Lanka, the electoral register extract is considered the basic and most important criterion for establishing residence. Clause 6.I of the circular allocates 35 marks for the electoral register extract, and other documents such as utility bills, employme... | drinks, and sleeps or where his family or his servants eat, drink and sleep. (wharton’s Law Lexicon). Residence as envisaged by the said circular would imply a permanent abode which has been used for a continuous period. The manner in which 35 marks have been allotted would indicate that the continuity in residence sho... | 3 |
In the Supreme Court of the Democratic Socialist Republic of Sri Lanka, what was the main issue in Case Number S.C. (FR) Application No.29/2012? | The main issue in Case Number S.C. (FR) Application No.29/2012 was the method used to calculate the Z-Scores for the General Certificate of Education (Advanced Level) Examination held in August 2011. The petitioners argued that the application of a common formula to calculate the Z-Scores for candidates of both the New... | respondent, who was serving as a Consultant to the Ministry of Education and the University Grants Commission, in order to implement the selection at that time. Therefore since the year 2000, Z-Score had been used as the method by which the candidates of the Advanced Level Examination were selected for admission to Uni... | 3 |
Who were the judges on the judicial panel for the case SC Appeal No. 114/2013? | The judicial panel for the case SC Appeal No. 114/2013 included Hon. Saleem Marsoof, Hon. Chandra Ekanayake, Hon. Sathyaa Hettige, Hon. Eva Wanasundera, and Hon. Rohini Marasinghe, all Judges of the Supreme Court of the Democratic Socialist Republic of Sri Lanka. | 5. Rajitha Senaratne, CD 85, Gregory’s Road, Colombo 07. SC Appeal No. 114/2013 SC (SPL) LA Application No. 23/2013 CA (Writ) Application No. 411/2012 2 6. Wimal Weerawansa, No. 18, Rodney Place, Cotta Road, Colombo 08. 7. Dilan Perera, No. 30, Bandaranayake Mawatha, Badulla. 8. Neomal Perera, No. 3/3, Rockwood Place, ... | 3 |
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