Colombo Fort Land and Building PLC Vs Commissioner General of Inland Revenue,
Hon. S.U.B. Karalliyadde, J.
Investment Company or Holding Company, assessor who made the assessment is not the same person who issued the Notice of Assessment, whether the interest and dividend income of the Appellant comes under Section 3(a) or Section 3(e) of the Inland Revenue Act, Section 63 of the Inland Revenue Act.
The Inland Revenue Act, No. 10 of 2006, Inland Revenue (Amendment) Act, No. 9 of 2015 and the Companies Act, No. 7 of 2007
2024-Oct-24
C.A. Tax/20/2022
Colombo Fort Land and Building PLC Vs Commissioner General of Inland Revenue,
Hon.S.U.B. Karalliyadde, J.
Investment Company or Holding Company, assessor who made the assessment is not the same person who issued the Notice of Assessment, whether the interest and dividend income of the Appellant comes under Section 3(a) or Section 3(e) of the Inland Revenue Act, Section 63 of the Inland Revenue Act.
The Inland Revenue Act, No. 10 of 2006, Inland Revenue (Amendment) Act, No. 9 of 2015 and the Companies Act, No. 7 of 2007
2024-Oct-23
CA/WRT/0175/2020
Ravinda De Silva Matarage & 4 Others Vs. Divisional Secretary, Habaraduwa & 7 Other
Hon.M. T. MOHAMMED LAFFAR, J
When the major facts are in dispute and/or unexplained inordinate delay in invoking the Writ Jurisdiction prerogative writs are not available.
Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka.
2024-Oct-23
CA/HCC/0023/19
Nalantha Sisira Kumara MaddumaPatabendi Vs Commission to Investigate Allegations of Bribery or Corruption
Hon. Sampath B. Abayakoon, J
Solicitation and gratification of a bribe - Misjoinder of charges – Credibility of prosecution witnesses- Totality of Evidence - Photographic Memory – Discrepancies - Dock Statement
Sonnadaralage Chintaka Suranga Vs The Hon. Attorney General
Hon. P. Kumararatnam, J.
• Improbabilities, Inter se and Per se Contradictions and Dock Statement
The Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No.13 of 1984.
2024-Oct-21
CA/HCC/0185/18
Selvaraj Wasantharani Vs The Hon. Attorney General
Hon. Sampath B. Abayakoon, J
Trafficking and possession of a dangerous drug –Probability of evidence - DockStatement - Beyond reasonable doubt - Fanciful Doubt
Poisons, Opium and Dangerous Drugs Ordinance amended by Amendment Act No. 13 of 2004 Code of Criminal Procedure Act Section 420
2024-Oct-16
CA/PHC 0086/2016
Competent Authority Vs. Pandiyan Punyarajah
Hon. M. Sampath K. B. Wijeratne J.
High Court of the Provinces -Writ jurisdiction and revisionary jurisdiction over state lands – Distinction between Articles 154P (3) and 154P (4)- Difference between the Sinhala and English text of Article 154P (3)(b)– Provincial High Court cannot exercise writ jurisdiction over state lands as was held by the Supreme Court in the case of The Superintendent, Stafford Estate and Two Others v. Solaimuthu Rasu – No finding on Article 154P (3)(b) - Revisionary jurisdiction over the Orders made under State Land (Recovery of Possession) Act can be exercised by the Provincial High Court.
Articles 23, 154P (3), 154P (4) of the Constitution. Sections 3, 5, 6, 7, 10 of the State Land (Recovery of Possession) Act. No. 7 of 1979, as amended.
2024-Oct-16
CA/WRT/333/15
Dinamithra Gedara Upli Ranasinghe Vs Commissioner General of Lands and Others
Amarasinghe Mudalige Chandana Susantha Amarasinghe Vs Bebina Hennadige Thusharika Fernando
Hon. M. Ahsan R. Marikar, J.(CA)
Maintenance of children, mother’s possession of means, exceptional grounds
2024-Oct-16
CA/WRIT/108/2021
Professional Surveyors Association and Others Vs Land Survey Council
Hon.Sobhitha Rajakaruna J.
Infringing the rights, Legitimate Expectation, Right based Writ jurisdiction, Failing to give effect to written laws and duties
Survey Act No. 17 of 2002 Interpretation Ordinance No. 21 of 1901 Constitution 1978
2024-Oct-15
CA/HCC/ 0094/2018
Mohammed Majeed Mohammed Nazar Vs The Hon. Attorney General
Hon. P. Kumararatnam, J.
• Credibility, Contradictions and Government Analyst Report
The Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No.13 of 1984.
2024-Oct-15
CA/HCC/0440/2019
Wijemuni Madhura Manaranga De Silva Vs The Hon. Attorney General
Hon. Sampath B. Abayakoon, J
Murder – Direct Indictment - Circumstantial Evidence - Confessional Statement – Voluntariness of the statement - Voir dire inquiry - Discrepancies - Photographic Memory - Demeanor and deportment of witnesses
Penal Code Section 296 Code of Criminal Procedure Act No. 15 of 1979Section 127 Evidence Ordinance Section 24
2024-Oct-14
CA/WRT/085-23
Weerasekara Mudiyanselage Gedara Sanjeewa Bandara Abeykoon Vs K.D. Bandula Javasinghe, The Land Commissioner General, Land Commissioner General's Department, and others
Hon. B. Sasi Mahendran, J.
nomination, failure to succeed, disposition,
Sections 55, 68 (2), 72, 74 and 84 of the Land Development Ordinance
2024-Oct-11
CA/PHC/15/2021
Nalani Danawathi Wijethilaka Vs. Registrar and the Commissioner of the Corporative Development Department of the Southern Province and Two others
Hon.M.Sampath K.B .Wijeratne J.
Two different decision of the Supreme Court on the Rule 49 (xii)(a) - In one judgement holds that the Rule is ultra vires and in the other its intra vires– In the former it is obiter dictum and the later it is ratiodecidendi – Doctrine of stare decisis – The test to be applied in deciding whether it is obiter dictum or ratio decidendi–The words ‘appears to be’ used in the judgement- No certainty in the mind of the judge – Not a definitive finding – re-arguing the same issue in courts repeatedly – Unproductive practice – Has to be discouraged
Sections 38 (2) and 59 Co-operative Societies Law Act No. 5 of 1972. Rule 49 (xii)(a) and (b) of the Co-operative Societies Rules, 1973 – published in Extraordinary Gazette No. 93/5 dated 10th January 1973
2024-Oct-11
CA/CPA/0129/22
Weerasekaraarachchige Champika Niranjaili Weerasekara vs. Dadallage Thushara Roshan and Munideniya Ederage Jayantha
Hon. M. Ahsan R. Marikar, J.
Land dispute, lack of defined boundaries, possession of land, breach of peace, exceptional circumstances
Primary Courts’ Procedure Act (No.44 of 1979)
2024-Oct-10
CA/HCC/0169/2015
Kankanamage Jagath chandra Wijesinghe Vs Hon. Attorney General
Hon. K.M.G.H. Kulatunga, J
• Reduction of sentence • Possession of drugs • Possession of firearms • Disparity in sentencing • Medical condition • Mandatory minimum sentence
Section 54A(1)(b) and Section 54A(1)(d) of the Poisons, Opium, and Dangerous Drugs Ordinance • Section 22(3) read with Section 22(1) of the Firearms Ordinance No. 33 of 1916 • Section 27 read with Section 09(2) of the Explosives Act No. 21 of 1956 • Section 331(1) of the Code of Criminal Procedure Act No. 15 of 1979 • Article 138 of the Constitution of Sri Lanka
2024-Oct-10
CA/HCC/0126/2023
MohomedShaheerMohomedAsmir Vs The Hon. Attorney General and others
Hon. Sampath B. Abayakoon, J.
Rape - Grave Sexual Abuse – Minor- Contusions on the vaginal walls - Lack of Consistency, Probability, and Spontaneity – Omissions - inter se contradictions - Truthfulness of the Evidence - Photographic Memory – Totality of Evidence - Reasonable Explanation
Penal CodeSections 364(2), 365B (2)(a)
2024-Oct-08
CA/HCC/0003/20
Don Sydney Manikka Hettiarachchi Vs The Hon. Attorney General
Hon.Wickum A. Kaluarachchi, J.
For a charge of misappropriation, the accused can be convicted for a lesser sum than the sum mentioned in the charge. -Accused can be convicted although the exact amount misappropriated has not been specified. -Meaning of “dishonestly”. Interpretation of “dishonest misappropriation”. -Circumstantial Evidence.
-Section 5(1) of the Offences Against Public Property Act No 12 of 1982 as amended by Act No. 76 of 1988. -Section 22 and Section 386 of the Penal Code
2024-Oct-08
CA/WRT/0396-14
Antony Suresh Rajakumaran Muttiah Vs. Dr. (Ms) Saroja Wettasinghe and Others
Ahamed Lebbe Uthumaleebbe Vs 1. Hon. Harin Fernando Minister of Tourism and Lands Ministry of Lands, “Land Secretariat” and others
Hon. B. Sasi Mahendran, J.
ultra vires, unreasonable, Arbitrary
Section 106 of the Land Development Ordinance No. 19 of 1935, Section 53 of the Land Development Ordinance
2024-Oct-04
CA/HCC/68/2023
Dompage Don Rasika Madan alias Rasika Madush alias Rasika Madu alias Banju alias Manju Vs. The Attorney General
Hon. P. Kumararatnam, J.
Sudden Fight, Culpable Homicide.
The Penal Code
2024-Oct-04
CA/ PHC 0064-17
Rathnayake Mudiyanselage Kingsly Charles Vs Competent Authority- Peoples Estate Development Board and other
Hon. M. Ahsan R. Marikar, J.(CA)
Recovery of possession of a state land, Competent Authority, Exceptional circumstances, Ejection
State Lands (Recovery of Possession) Act No.7 of 1979.
2024-Oct-04
CA/Writ/0346/2020
Sehu Ismail Akbar Hassan and 2 others Vs A. Bodaragama, The Commissioner General of Exciseand 8 others
Hon.MSampathK.B.WijeratneJ.(CA)
Writ of Certiorari, Liquor license, Distance criteria from schools and places of public religious worship, Objections regarding violation of rules, No Government Superintend of Survey’s plan called licenses issued and extended for the year in question, Ultra viresestablish, Issue of the writ futile, Writ issued to convey the message that the action is ultra vires and to condemn the act.
Gazette (extraordinary) No.1544/17 dated 10th April 2008
2024-Oct-03
CA PHC APN 0103/2024
Mohottige Chaminda Lalith Kumara Vs The Officer-in-Charge Police Station Weeraketiya and others
Hon. P. Kumararatnam, J.
Exceptional Circumstances
The Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No.41 of 2022
2024-Oct-02
CA/WRT/92/2013
Ceylon Steel Corporation Limited Vs. T.Piyasoma and Others
Hon. Dhammika Ganepola, J.
Incomplete and Unenforceable Award of the Arbitrator, live dispute, scope of the Industrial Dispute, Collective Agreement, Arbitral and Judicial function
Industrial Dispute Act
2024-Oct-01
CA/HCC/ 260/2020
Ilandaridevage Thilakaratne alias Samel Patti and other Vs The Hon. Attorney General
