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Special Notices

Notice No. 13/ 2021

SITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 6TH MAY 2021 – 13TH MAY 2021

1)As a precautionary measure relating to Covid-19, all cases that were scheduled to be heard/mentioned before all Divisions of the Court of Appeal from 6th May 2021 to 13th May 2021 will not be heard/mentioned as scheduled.


2)All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.


3)Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 301:

Date

Nature of cases to be taken up

10th May 2021

Writ Applications

11th May 2021

Bail Applications

12th May 2021

Criminal Appeals

13th May 2021

Writ Applications

 

4)A party who wishes to have a case that was scheduled between 6th May 2021 to 13th May 2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal, with notice to the Attorney-at-Law for the other party, one working day prior to the date specified in paragraph 3. Such cases will thereafter be listed to be taken up on the date specified in paragraph 3. (e.g. Bail applications in respect of which motions have been filed will be taken up only on 11th May 2021)

 

5)All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent basis.

 

6)All Attorneys-at-Law are requested to file their motions by an email to registrarofca@gmail.com

 

7)Litigants will not be permitted to enter the Court unless his/her presence is required by Counsel.

 

8)All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

 

9)The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 6th day of May, 2021

.............................................................................................................................................

Notice No. 12/2021

 

CASES LISTED BEFORE THE COURT OF APPEAL DURING THE PERIOD 3RD MAY 2021 – 7TH MAY 2021


1) As a precautionary measure to prevent and control the spreading of COVID-19, cases that were scheduled to be mentioned before all Divisions of the Court of Appeal from 3rd May 2021 to 7th May 2021 will not be taken up in open Court, as scheduled. This shall include all cases fixed for notice returnable.

 

2) The next date on which the said cases will be mentioned will be notified in due course.

 

3) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension may file a motion with notice to the other party moving that such matter be taken up on an urgent basis.

 

4) All other cases listed for support, argument or inquiry will be taken up as scheduled in accordance with the Daily List published on the website of the Court of Appeal.

 

5) Litigants will not be permitted to enter the Court unless his/her presence is required by Counsel.

 

6) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

 

By Order of the Hon. President of the Court of Appeal

 

REGISTRAR OF THE COURT OF APPEAL

 

On this 2nd day of May, 2021

 

.............................................................................................................................................

 

Notice No. 11/2021

 

1)  In view of 12th April 2021 being declared as a Public Holiday, Case No. RII-0007-21 which was scheduled to be mentioned in Court No. 108 will be mentioned before the same Division of this Court on 21st April 2021, at 10.00a.m.

 

2) The interim order issued in the said Case shall stand extended until 22nd April 2021.

 

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 12th day of April, 2021

 

.............................................................................................................................................

 

Notice No. 10/2021

Re-scheduled times of commencement of proceedings of the Court of Appeal on 23rd March 2021 and 24th March 2021


In view of the Ceremonial Sitting of the Court of Appeal to be held on 23rd March 2021 and 24th March 2021 at 9.00 a.m. in Court No. 501, the regular proceedings:

 

(a) Before all Divisions of the Court of Appeal, except Court No. 108 Court will commence at 11.30 on 23rd March 2021.

(b) Before all Divisions of the Court of Appeal will commence at 11.30 on 24th March 2021.

 

All cases listed in Court No. 108 on 23rd March 2021 will be mentioned in Court No. 108 on 24th March 2021.

 

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 22nd day of March 2021


.............................................................................................................................................


A Ceremonial Sitting of the Court of Appeal will be held at 9 a.m. on Tuesday 23rd March 2021 in the Ceremonial Court of the Supreme Court (Court No. 501) to enable the Bar to welcome Honourable Justice Arjuna Sanjay Obeyesekere as the President of the Court of Appeal and the following Judges as Judges of the Court of Appeal:

 

1. Hon.Justice Menaka Wijesundera

2. Hon.Justice Dushmantha Nihal Samarakoon

3. Hon.Justice Mahanil Prasantha De Silva

4. Hon.Justice Mohamed Thahir Mohamed Laffar

5. Hon.Justice Chitranga Pradeep Kirtisinghe

6. Hon.Justice Sampath Bandara Abayakoon

7. Hon.Justice Mohottalalage Sampath Kapila Bandara Wijeratne

 

A Ceremonial Sitting of the Court of Appeal will be held at 9 a.m. on Wednesday 24th March 2021 in the Ceremonial Court of the Supreme Court (Court No. 501) to enable the Bar to welcome the following Judges as Judges of the Court of Appeal:

1. Hon.Justice S. U. B. Karralliyadde

2. Hon.Justice Ratnapriya Gurusinghe

3. Hon.Justice Ganepola Achchige Dhammika Ganepola

4. Hon.Justice Kurupuge Khema Anne Vydurya Swarnadhipathi

5. Hon.Justice Mayadunne Corea

6. Hon.Justice Prabaharan Kumararatnam

7. Hon.Justice Wijesundara Mudiyanselage Neil Parakkama Iddawala

 

In terms of the COVID-19 Guidelines, participation shall be limited to 350 persons. Accordingly, only 25 President’s Counsel and 140 Attorneys-at-Law will have the opportunity of attending each Ceremonial Sitting. Those who wish to attend are kindly requested to inform the undersigned, on or before 19th March 2021 by email to registrarofca@gmail.com, indicating which of the two ceremonial sittings they wish to attend. Each request shall be accompanied by the full name, address and contact number of the President’s Counsel or Attorney-at-Law who wish to attend.

 

Sanath Pinnaduwa

REGISTRAR OF THE COURT OF APPEAL

.............................................................................................................................................

 

  1. All mention matters listed before Hon. Arjuna Obeyesekere, J, President of the Court of Appeal and Hon. Mayadunne Corea, J in Court No. 301 will be taken up at 9.30 a.m . from 18th January 2021 until further notice. Upon conclusion of the mention list, the Court will adjourn for 10 minutes. All other matters listed in Court No. 301 will only be taken up after such adjournment, or at 10.00 am, whichever is later. In view of the COVID-19 Guidelines, Attorneys-at-law appearing in such other matters are requested to refrain from being present in Court until the conclusion of the mention list.
  2. All matters listed before Hon. Menaka Wijesundera, J and Hon. Niellddawela, J in Court No. 204 will be taken up at 9. 30a.m. from 18th January 2021 until further notice.
  3. All matters listed before Hon. M. Prasantha De Silva, J and Hon. S.U. B. Karaliyadda, J in Court No. 109 will be taken up before Hon. M. Prasantha De Silva, J and Hon. S.U. B. Karaliyadda, J at 12.30 p.m in Court No. 204, from 18th January 2021 until further.

6TH MAY 2021 – 13TH MAY 2021

Latest News

 

Notice No. 2/2021

CONSTITUTION OF BENCHES FROM 18TH JANUARY 2021 ONWARDS

(A) The Constitution of Benches of the Court of Appeal from 18th January 2021, which shall be operative until further notice, is set out in the Schedule hereof.

(B) In all matters, the Rules of the Court of Appeal shall be applied and followed in a uniform, consistent and fair manner.

(C) Once an argument commences, all Counsel shall endeavour to conclude oral submissions on the same day. However, if conclusion of the argument cannot be reached on the same day, further argument shall be fixed for a date within the shortest possible time, and if that is not possible, within the following three weeks, and not beyond.

(D) Where argument has been concluded and judgment has been reserved before a Bench of which one or more of the Judges has since been elevated to the Supreme Court, such matter shall be mentioned before the remaining Judge before whom that matter was argued. The remaining Judge shall inquire from the parties whether they wish to re-argue the matter or whether they would acquiesce with the remaining Judge pronouncing the judgment by himself. In the event of the parties indicating that they wish to re-argue the matter, such matter shall be referred directly to the Division of this Court which has been assigned the hearing of such matter in terms of this Notice.

(E) All partly heard matters will resume before the same Bench, on the date specified on the last date of hearing, at 1.30 p.m. in the Court Room in which the Presiding Judge of that Bench is sitting in terms of this Notice.

(F) Where a specially constituted Bench has been nominated to hear and determine a matter, and any one or more of the Judges of that Bench have been elevated to the Supreme Court, such matter shall be referred to the President of the Court of Appeal, who may refer such matter to the Division of this Court which has now been assigned the hearing of such matter in terms of this Notice, or who may nominate a special Bench to hear and conclude such matter.

(G) All other matters where a specially constituted Bench has been nominated shall be taken up before the same Bench, at 1.30 p.m. in the Court Room in which the Presiding Judge of that Bench is sitting in terms of this Notice.

On this 8th day of January 2021
REGISTRAR OF THE COURT OF APPEAL
By Order of the Hon. President of the Court of Appeal

 

SCHEDULE

Court Room No.

Bench

Nature of Work

 

301

 

 

 

Hon. Justice Arjuna Obeyesekere, PCA

Hon. Justice Mayadunne Corea

*Writ applications filed from 1st January 2021.

*Writ applications filed in 2020

*Writ applications filed in 2019 that are listed to be mentioned.

*Contempt of Court Applications

*Admiralty Cases

*Transfer applications

*Appeals under the Right to Information Act

*Expulsion cases

*Election Petition cases

*Any other matter not referred to in this Notice

 

 

107

 

 

 

Hon. Justice K. Priyantha Fernando

Hon. Justice Sampath B. Abayakoon

 

*All High Court Criminal Appeals filed in 2019 and filed from 1st January 2021 onwards

*Writ applications filed from 1st January 2006 – 31st December 2009

 

 

205

 

 

Hon. Justice N. Bandula Karunaratne

Hon. Justice R. Gurusinghe

 

 

*High Court Criminal Appeals filed upto 31st December 2018 and in 2020, bearing odd numbers

 

 

302

 

 

Hon. Justice Ruwan Fernando

Hon. Justice M. Sampath K.B.  Wijeratne

 

*Inland Revenue - Cases stated by the Tax Appeals Commission in 2017, 2018, 2019 and 2020.

*All Cases stated by the Tax Appeals Commission from 1st January 2021.

 

 

110

 

 

Hon. Justice Devika Abeyratne

Hon. Justice P. Kumararatnam

 

 

*High Court Criminal Appeals filed upto 31st December 2018 and in 2020, bearing even numbers

 

 

303

 

 

Hon. Justice Sobhitha Rajakaruna

Hon. Justice Dhammika Ganepola

 

*Writ applications filed in 2019 that have been listed / will be listed for argument

*Writ applications filed in 2019 that are listed for support.

 

 

204

 

 

Hon. Justice Menaka Wijesundera

Hon. Justice Neil Iddawela

 

/Appeals and Revision applications from the Provincial High Court (Criminal cases)

*Bail applications

*Extradition Cases

*Leave to appeal applications (Criminal)

*MCR applications

*Criminal Miscellaneous applications

 

108

 

 

Hon. Justice D.N. Samarakoon

Hon. Justice Pradeep Kirtisinghe

 

*Inland Revenue - Cases stated by the Board of Review / Tax Appeals Commission and filed upto 2016

*Final Appeals from District Court Judgments – filed from 1st January 2000 – 31st December2002

*Restitutio in Integrum applications

 

 

109

 

 

Hon. Justice Prasantha De Silva

Hon. Justice S.U. B. Karaliyadda

 

*Appeals and Revision applications from the Provincial High Court (Civil cases)

*Land Acquisition Board of Review cases

*Leave to Appeal applications (Civil)

 

 

206

 

 

Hon. Justice M.T. Mohammed Laffar

Hon. Justice K.K.A.V. Swarnadhipathi

 

*Writ applications filed from 1st January 2010 until 31st December 2018

*Final Appeals from District Court Judgments – filed until 31st December 1999

*Appeals from the Wakfs Board

 

 

 

Notice No. 3/2021


(A) Following the lockdown imposed within the Police Division of Keselwatte from 26th October 2020, the Court of Appeal did not function until the restriction was relaxed on 16th November 2020. Even after recommencement, the Court of Appeal only sat to hear cases designated as urgent by parties and to deliver judgments.  All other cases that had been listed for argument, support, mention or judgment however were not taken up due to the lockdown.

(B) With the lifting of the lockdown on 4th January 2021, it is now possible to reschedule those cases that had been fixed for argument, support, mention or judgment during the period 26th October 2020 – 18th December 2020 but which have so far not been taken up on any other date. The practice adopted in the past has been to mention such cases on a date before the appropriate Division, and re-fix cases on dates convenient to Court and Counsel. However, the said course of action would consume a fair amount of judicial time, and prevent argument and support matters being taken up during the first term of 2021.

(C) Hence, given the extraordinary situation that has arisen, the following procedure would be adopted in respect of all cases that were scheduled to be taken up during the period 26th October 2020 – 18th December 2020, but which have not been taken up during that period.

(C1) All cases fixed for a particular date shall be taken up for the same purpose on another date (the Re-scheduled Date), before the appropriate Division (the New Division), set out in the Schedule to Notice No. 2/2021.

(a) For example, CA (Writ) Application No. 166/2018 which was to be mentioned before Court No. 301 on 26th October 2020 shall now be mentioned on 19th January 2021 before Court No. 206, which is the Division of this Court assigned with the hearing of Writ Applications filed in 2018.

(b) Similarly, CA (Writ) Application No. 227/15 which had been fixed for argument before Court No. 206 on 26th October 2020 will stand fixed for argument on 19th January 2021 and will be taken up for argument before Court No. 206, which is the Division of this Court assigned with the hearing of Writ Applications filed in 2015.

(C2) However, if the Re-scheduled Date of a case fixed for argument is not convenient to Counsel, the Instructing Attorney / Counsel of such party shall contact the Instructing Attorney / Counsel appearing for the opposing party, agree on a date for argument convenient to both Counsel, preferably within the First Term of 2021, and email to the Deputy Registrar at priyandike@gmail.com a motion containing the agreed date, on or before 18th January 2021. All such cases shall thereafter be listed for argument on the date agreed by the Instructing Attorneys / Counsel. In the event the Instructing Attorneys / Counsel are unable to reach agreement, a motion shall be filed to that effect and such case shall be mentioned on the Re-scheduled Date.

(C3) If any party wishes to have a case mentioned, for whatever reason, prior to the Re-scheduled Date, the Instructing Attorney of such party shall file a motion with notice to the other party, moving that the said matter be mentioned in the appropriate Court on a date five working days after the date of filing of the motion.

(D) The original date and the corresponding Re-scheduled Date are as follows:

 

Original Date

Re-scheduled Date

26th October 2020

19th January 2021

27th October 2020

20th January 2021

28th October 2020

21st January 2021

29th October 2020

22nd January 2021

02nd November 2020

27th January 2021

03rd November 2020

01st February 2021

04th November 2020

02nd February 2021

05th November 2020

03rd February 2021

06th November 2020

08th February 2021

09th November 2020

09th February 2021

10th November 2020

10th February 2021

11th November 2020

11th February 2021

12th November 2020

12th February 2021

13th November 2020

15th February 2021

16th November 2020

16th February 2021

17th November 2020

17th February 2021

18th November 2020

18th February 2021

19th November 2020

19th February 2021

20th November 2020

22nd February 2021

23rd November 2020

23rd February 2021

24th November 2020

24th February 2021

25th November 2020

25th February 2021

26th November 2020

01st March 2021

27th November 2020

02nd March 2021

30th November 2020

03rd March 2021

01st December 2020

04th March 2021

02nd December 2020

05th March 2021

03rd December 2020

08th March 2021

04th December 2020

09th March 2021

07th December 2020

10th March 2021

08th December 2020

15th March 2021

09th December 2020

16th March 2021

10th December 2020

17th March 2021

11th December 2020

18th March 2021

14th December 2020

19th March 2021

15th December 2020

22nd March 2021

16th December 2020

23rd March 2021

17th December 2020

24th March 2021

18th December 2020

25th March 2021

 

(E) In addition to the above, the cases that were scheduled to be mentioned before Court No. 205 will be mentioned in the New Division on the following dates:

 

Original Date

Next date

24th August 2020

19th January 2021

28th August 2020

20th January 2021

02nd September 2020

21st January 2021

04th September 2020

22nd January 2021

08th September 2020

27th January 2021

14th September 2020

01st February 2021

16th September 2020

02nd February 2021

17th September 2020

03rd February 2021

18th September 2020

08th February 2021

28th September 2020

09th February 2021

05th October 2020

10th February 2021

07th October 2020

11th February 2021

12th October 2020

12th February 2021

14th October 2020

15th February 2021

19th October 2020

16th February 2021

 

(F) All cases where no date has been fixed will be mentioned in Court No. 301 on 1st February 2021. A notice containing a list of such cases shall be published in the website of the Court of Appeal in due course.

 

 

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 8th day of January 2021

JUDGES OF THE COURT