| Decided Date | Case No | Parties | Judgment By | Keywords | Legislation | Document |
|---|---|---|---|---|---|---|
| 2016-12-16 | CA/PHC/0094/2014 |
W.A. Dhammika Kumara v. W.A. Nelum Kumari
View More |
Hon. H.C.J. Madawala, J | Maintenance – Paternity – DNA report – Magistrate finding defendant biological father – Interim maintenance of Rs.5,000 from birth of child – Provincial High Court revision dismissed – Appeal to Court of Appeal – Preliminary objection on jurisdiction – Maintenance Act directs appeal from Provincial High Court to Supreme Court – Wrong forum – Appeal dismissed without costs. | Maintenance Act No. 37 of 1999 – sections 14(1) and 14(2); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 9; Constitution – Article 154P(3)(b). | Download |
| 2016-12-16 | CA/PHC/APN/0120/2014 |
W.A. Dhammika Kumara v. W.A. Nelum Kumari
View More |
Hon. H.C.J. Madawala, J | Connected revision application – Maintenance – Paternity – DNA evidence – Interim maintenance – Revision and appeal pursued together – Court of Appeal lacking jurisdiction where statutory route lies to Supreme Court – Preliminary objection upheld – Connected revision dismissed without costs. | Constitution – Article 138(1) and Article 154P(3)(b); Maintenance Act No. 37 of 1999 – sections 14(1) and 14(2); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – sections 9 and 11. | Download |
| 2016-12-16 | CA/WRT/0394/2016 |
Bandula Sujith Senarathna v. Y.I.M. Silva, Divisional Secretary, Mirigama
View More |
Bandula Sujith Senarathna v. Y.I.M. Silva, Divisional Secretary, Mirigama Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari – Quit notice – State land – Bona fide purchaser – Approximately 21 acres adjoining Kandy Road, Mirigama – Transfer by predecessor-in-title shortly before quit notice – Disputed title – Government survey – Failure of predecessor to produce deeds and plans to surveyor – Surveyor concluding land was State land – Earlier Survey Department plan – Land allegedly acquired under Land Acquisition Act – Non-disclosure of surveyor’s report – Questionable conduct of purchaser and predecessor-in-title – Insufficient basis to interfere – Notice refused. S. Thurairaja PC J. agreed. | Land Acquisition Act is expressly referred to in relation to the State’s position that the land had been acquired. The judgment concerns a quit notice concerning alleged State land, but the short order does not expressly identify the particular section of the State-land recovery legislation under which the notice was issued. | Download |
| 2016-12-16 | CA/PHC/0094/2014 |
W.A. Dhammika Kumara v. W.A. Nelum Kumari
View More |
Hon. H.C.J. Madawala, J | Maintenance – Husband and wife – Maintenance of children – Pregnancy and maternity allowance – Paternity disputed – DNA test – Request for second DNA test – Magistrate accepting DNA report – Interim maintenance – High Court revision – Appeal to Court of Appeal. | Maintenance – Husband and wife – Maintenance of children – Pregnancy and maternity allowance – Paternity disputed – DNA test – Request for second DNA test – Magistrate accepting DNA report – Interim maintenance – High Court revision – Appeal to Court of Appeal. Maintenance Act No.37 of 1999; Constitution – Article 154P(3)(b); High Court (Special Provisions) Act No.19 of 1990 – section 9. | Download |
| 2016-12-16 | CA/PHC/APN/0120/2014 |
W.A. Dhammika Kumara v. W.A. Nelum Kumari
View More |
Hon. H.C.J. Madawala, J | Maintenance – Paternity disputed – DNA test – Request for fresh DNA test – Interim maintenance for children and wife – High Court revision – Simultaneous appeal and revision – Jurisdiction of Court of Appeal – Statutory appellate route. | Maintenance Act No.37 of 1999 – section 14; Constitution – Article 138(1); High Court of the Provinces (Special Provisions) Act No.19 of 1990 – section 11. | Download |
| 2016-12-16 | CA/WRT/0394/2016 |
Bandula Sujith Senarathna v. Y.I.M. Silva, Divisional Secretary, Mirigama
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari – Quit notice – State land – Bona fide purchaser – 21-acre land adjoining Kandy Road, Mirigama – Transfer by Rainco (Private) Limited – Title deeds – Government survey – Failure of predecessor-in-title to produce deeds and plans to surveyor – Surveyor concluding land was State land – Earlier acquisition – Questionable transfer immediately before quit notice – Suppression/non-production of surveyor’s report – No merit – Notice refused. | Land Acquisition Act – referred to in relation to the Government’s position that the land had previously been acquired. | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Dishonest misappropriation/breach involving post-dated cheques – Purchase of glassware – Two cheques issued for Rs.261,346 and Rs.425,649 – Stop-payment instructions – Defence alleging damaged goods and trade practice of returns – No evidence that appellant actually returned damaged goods – Cheque as bill of exchange payable on demand – Subsequent stop-payment instructions proving dishonest intention – High Court finding upheld – Conviction and five-year sentence affirmed – Appeal dismissed. L.U. Jayasuriya J. agreed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No. 15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/INJ/0008/2016 |
T.M.A. Priyadharshana Bandara & Another v. H.B. Siriyalatha & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Injunction – Construction contract – Pradeshiya Sabha – Contract expired – Work incomplete – Termination after expiry – Request to prevent award to third party – Proposed appointment of adjudicator – Extension/explanation sought only after contractual period expired – No basis to restrain local authority – Application dismissed without costs. | Constitution – Article 143. | Download |
| 2016-12-15 | CA/INJ/0011/2016 |
T.M. Asanka Priyadharshana Bandara & Another v. H.B.P. Anurakumara & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Injunction – Construction contract – Nuwaragam Palatha East Pradeshiya Sabha – Expiry of contractual period – Failure to complete works – Proposed adjudication – Attempt to restrain award of contract to third party – No subsisting contractual basis for injunction – Application dismissed without costs. | Constitution – Article 143. | Download |
| 2016-12-15 | CA/WRT/0242/2015 |
609 Manufacturers (Pvt) Ltd v. L.K.G. Gunawardena, Commissioner General of Excise & Others
View More |
609 Manufacturers (Pvt) Ltd v. L.K.G. Gunawardena, Commissioner General of Excise & Others Hon. S. Thurairaja, PC, J | Writs of Certiorari and Mandamus – Excise duty concession – Rectified spirits used in manufacture of air freshener and detergent – Exporter claiming treatment as exporter of liquor – Excise Notification Nos. 878 and 937 – Definition of liquor – Rectified spirit as ingredient distinguished from final product – Ministerial and Excise Commissioner discretion – Wednesbury unreasonableness – Legitimate expectation – Representation by Deputy Secretary to Treasury – Representation outside statutory authority – Ultra vires representation cannot create legitimate expectation – No locus to challenge notifications on asserted basis – Application dismissed without costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Excise Ordinance – sections 12, 22 and 25 and statutory definition of “liquor”; Excise Notification No. 386; Excise Notification No. 878, Gazette No. 1386/31 dated 01.04.2005; Excise Notification No. 937. | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/0012/2004 |
P.W.D. Edwin Wasantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Cheating – Commercial transactions – Post-dated cheques – Stop-payment instructions – Purchase of glassware – Dishonest intention – Cheques allegedly given as security – Dishonoured cheques – Conviction affirmed. | Penal Code – section 403; Bills of Exchange Act/Ordinance – section 73; Code of Criminal Procedure Act No.15 of 1979 – section 331(1). | Download |
| 2016-12-15 | CA/INJ/0008/2016 |
T.M.A. Priyadharshana Bandara & Herath Mudhiyanselage Achala Weerasuriya v. H.B. Siriyalatha, Secretary, Nochchiyagama Pradeshiya Sabha & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Injunction – Construction contract – Contract expired before explanation for delay – Failure to complete work within agreed period – Pradeshiya Sabha terminating contract – Proposed grant of contract to third party – Adjudication provision – No basis for injunction – Application dismissed. | Constitution – Article 143; contractual principles concerning expiry, termination and adjudication. | Download |
| 2016-12-15 | CA/INJ/0011/2016 |
T.M. Asanka Priyadharshana Bandara & Herath Mudhiyanselage Achala Weerasuriya v. H.B.P. Anurakumara, Secretary, Nuwaragam Palatha East Pradeshiya Sabha & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Injunction – Construction contract – Failure to complete contractual work – Agreement expired – Contract terminated by Pradeshiya Sabha – Request to prevent award to third party pending adjudication – Explanation submitted only after expiry – No necessity for adjudication – Injunction refused. | Constitution – Article 143; law governing contractual termination, expiry and injunctive relief. | Download |
| 2016-12-15 | CA/INJ/0011/2016 |
T.M. Asanka Priyadharshana Bandara & Herath Mudhiyanselage Achala Weerasuriya v. H.B.P. Anurakumara, Secretary, Nuwaragam Palatha East Pradeshiya Sabha & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Injunction – Construction contract – Failure to complete contractual work – Agreement expired – Contract terminated by Pradeshiya Sabha – Request to prevent award to third party pending adjudication – Explanation submitted only after expiry – No necessity for adjudication – Injunction refused. | Constitution – Article 143; law governing contractual termination, expiry and injunctive relief. | Download |
| 2016-12-15 | CA/INJ/0011/2016 |
T.M. Asanka Priyadharshana Bandara & Herath Mudhiyanselage Achala Weerasuriya v. H.B.P. Anurakumara, Secretary, Nuwaragam Palatha East Pradeshiya Sabha & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Injunction – Construction contract – Failure to complete contractual work – Agreement expired – Contract terminated by Pradeshiya Sabha – Request to prevent award to third party pending adjudication – Explanation submitted only after expiry – No necessity for adjudication – Injunction refused. | Constitution – Article 143; law governing contractual termination, expiry and injunctive relief. | Download |
| 2016-12-14 | CA/0580/2000 |
Meera Mohideen Lathifa Umma, substituted for Athambawa Meera Mohideen v. Mohideen Bawa Umaru Lebbe alias Ibralebbe, Mohamed Ismail Fathumma substituted for Mohideen Bawa Kalender & Thambisaibo Abdul Rasool
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Paddy land – Vannichchi Vaikal – Appeal from dismissal of plaintiff’s action – Paper title under deeds – Prior decree and Fiscal delivery of possession – Undivided land – Identity and extent of land – Plaintiff claiming more land than supported by deeds and Fiscal’s report – Title proved only to six acres – Title raising presumption of possession – Burden shifting to defendants to establish independent prescriptive title – Defendants failing to prove prescription – Forcible possession during pendency of earlier litigation – Misjoinder of defendant – Trial judge’s answers to issues inconsistent with ultimate dismissal – District Court judgment set aside – Judgment entered declaring plaintiff entitled to six acres – No costs. | Civil Procedure Code – sections 754(1) and 760A; Supreme Court Rule 38; general principles governing declaration of title, paper title, possession and prescription. | Download |
| 2016-12-14 | CA/PHC/0140/2010 |
C.G.H. Ramniya Kumari v. K.D. Ninecias
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Widow of deceased permit/grant holder – Son from first marriage named as successor – Possession distinguished from title and succession – Magistrate finding widow in possession and forcibly dispossessed within two months – High Court revision – Land Development Ordinance succession issue – Revisionary applicant’s duty to tender material documents – Non-compliance with Court of Appeal procedural rules – Exceptional circumstances in revision. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and 68; Land Development Ordinance; Court of Appeal (Appellate Procedure) Rules 1990; Constitution – Article 138. | Download |
| 2016-12-14 | CA/PHC/APN/0101/2013 |
Ederawasam Gmage Roshan Fernando v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail pending appeal – Convict sentenced for culpable homicide not amounting to murder – Bail application filed by accused’s brother – Locus standi – Relationship alone insufficient – Only appellant or Attorney-at-Law acting for appellant may make bail application – Revision available only to person aggrieved – Distinction between application by party and Court acting ex mero motu – Preliminary objection to maintainability. | Bail Act No. 30 of 1997 – section 20(2); Code of Criminal Procedure Act – sections 320, 322(1), 331, 331(4), 333(3), 364–366; Judicature Act No. 2 of 1978 – section 41(1); Constitution – Article 138(1). | Download |
| 2016-12-14 | CA/0580/2000(F) |
Meera Mohideen Lathifa Umma, substituted Plaintiff-Appellant v. Mohideen Bawa Umaru Lebbe alias Ibralebbe & Others
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Identification of land – Earlier decree – Fiscal delivery of possession – Defendants alleging earlier decree incapable of execution due to deaths without substitution – Paper title – Prescriptive possession – Interim injunction – Civil appeal. | Civil Procedure Code – sections 754(1) and 760A; Supreme Court Rules – Rule 38; Prescription Ordinance; principles governing declaration of title and execution of decrees. | Download |
| 2016-12-14 | CA/0580/2000(F) |
Meera Mohideen Lathifa Umma, substituted Plaintiff-Appellant v. Mohideen Bawa Umaru Lebbe alias Ibralebbe & Others
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Identification of land – Earlier decree – Fiscal delivery of possession – Defendants alleging earlier decree incapable of execution due to deaths without substitution – Paper title – Prescriptive possession – Interim injunction – Civil appeal. | Civil Procedure Code – sections 754(1) and 760A; Supreme Court Rules – Rule 38; Prescription Ordinance; principles governing declaration of title and execution of decrees. | Download |
| 2016-12-14 | CA/PHC/APN/0058/2014 |
Seylan Bank PLC v. Christobel Daniels
View More |
Hon. A.H.M.D. Nawaz, J | Labour Tribunal – Termination of employment – Compensation – Revision of High Court decision – Preliminary objection – Affidavit attested by Bank’s own Legal Officer – Commissioner for Oaths having an interest in the matter – Invalid affidavit – Alternative remedy/right of appeal – Revisionary jurisdiction. | Constitution – Article 138(1); Court of Appeal Rules – Rule 3(1)(a); Oaths and Affirmations Ordinance – section 12(2); Industrial Disputes Act – appellate provisions including section 31DD discussed in the judgment. | Download |
| 2016-12-14 | CA/PHC/APN/0101/2013 |
Ederawasam Gmage Roshan Fernando v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail pending appeal – Culpable homicide conviction – Application filed by brother of convicted accused – Locus standi – “Person aggrieved” – Whether third party can seek bail/revision on behalf of convict – Extraordinary revisionary jurisdiction. | Bail pending appeal – Culpable homicide conviction – Application filed by brother of convicted accused – Locus standi – “Person aggrieved” – Whether third party can seek bail/revision on behalf of convict – Extraordinary revisionary jurisdiction. Constitution – Article 138; Bail Act No.30 of 1997 – section 20; Code of Criminal Procedure Act – sections 320, 331 and former section 333(3); Court of Appeal Appellate Procedure Rules. | Download |
| 2016-12-14 | CA/PHC/APN/0101/2013 |
Ederawasam Gmage Roshan Fernando v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail pending appeal – Culpable homicide conviction – Application filed by brother of convicted accused – Locus standi – “Person aggrieved” – Whether third party can seek bail/revision on behalf of convict – Extraordinary revisionary jurisdiction. | Bail pending appeal – Culpable homicide conviction – Application filed by brother of convicted accused – Locus standi – “Person aggrieved” – Whether third party can seek bail/revision on behalf of convict – Extraordinary revisionary jurisdiction. Constitution – Article 138; Bail Act No.30 of 1997 – section 20; Code of Criminal Procedure Act – sections 320, 331 and former section 333(3); Court of Appeal Appellate Procedure Rules. | Download |
| 2016-12-09 | CA/0015/2014 |
Wickrama Mudiyanselage Indika Prasanna alias Podde v. Democratic Socialist Republic of Sri Lanka
View More |
Hon. P.R. Walgama, J | Criminal appeal – Murder – Death sentence – Sole eyewitness a child aged approximately 3½ years at time of incident – Accused known to child – Immediate identification to mother and investigating officer – Police failure to record child’s statement – Section 110(1) – Whether omission fatal to prosecution – Child later giving evidence at Magisterial and non-summary inquiries – Cross-examination without contradiction – Testimonial trustworthiness – Alleged motive to falsely implicate due to land dispute rejected – No material prejudice – Conviction and sentence affirmed – Appeal dismissed. S. Devika de L. Tennekoon J. agreed. | Code of Criminal Procedure Act No. 15 of 1979 – sections 110(1) and 331(1). | Download |
| 2016-12-09 | CA/0045/2012 |
Hon. Attorney General v. Balawickrema Kankanamage Upul Chandana Balawickrema
View More |
Hon. L.U. Jayasuriya, J | Appeal by Attorney General seeking enhancement of sentence and fine – Theft/misappropriation of public property – Guilty plea – Public property valued at Rs.300,000 – High Court fine of Rs.50,000 challenged as inadequate – Statutory provision stating fine should be three times value of stolen property – Stolen chins spreader machine recovered undamaged – No loss caused to State – High Court retaining discretion as to quantum where property recovered intact – No basis to enhance sentence or fine – Judgment affirmed – Appeal dismissed. Deepali Wijesundera J. agreed. | Penal Code – section 336; Offences Against Public Property Act No. 12 of 1982, as amended – section 3; Judicature Act No. 2 of 1978 – section 15(b); Code of Criminal Procedure Act – sections 328(b)(ii) and 331. | Download |
| 2016-12-09 | CA/0134/2011 |
H.A. Prasanga Silva & Another v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Two accused appellants – State conceding acquittal of second accused on counts 1 and 3 – Court extending acquittal to second count – Confessionary statement of first accused marked by prosecution – Inadmissible confession – Evidence Ordinance – Conviction unsafe – Appeal of second accused allowed and acquittal entered on all charges – Case against first accused remitted for retrial. L.U. Jayasuriya J. agreed. | Evidence Ordinance – section 25. | Download |
| 2016-12-09 | CA/0158/2010 |
Angusamy Saththiyawel v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Heroin offences – Life imprisonment – Challenge to evaluation of evidence – Probability and consistency tests – Appellate duty independently to test evidence – Detection evidence of principal witness accepted – No contradictions – Defence evidence analysed – Discrepancy concerning colour of bag – Defence position inconsistent – Failure to cast doubt on prosecution case – High Court conviction affirmed – Appeal dismissed. L.U. Jayasuriya J. agreed. | Poisons, Opium and Dangerous Drugs legislation, as amended by Act No. 13 of 1984 – sections 54A(b), 54A(c) and 54A(d); Code of Criminal Procedure Act – section 331(1); Constitution – Article 138. | Download |
| 2016-12-09 | CA/0276/2014 |
Hasan Mohomed Irfan alias Happy v. Hon. Attorney General
View More |
Hon. L.U. Jayasuriya, J | Criminal appeal – Possession of hand grenade – Offensive weapon – Five years rigorous imprisonment – Production chain – Formal admission by parties at trial – Effect of admission – Facts admitted need not be independently proved – Party cannot later complain of failure to prove fact it admitted – Typographical discrepancy between production register numbers – No break in chain established – Defence evidence inconsistent – High Court Judge entitled to reject defence – Appeal dismissed. S. Devika de L. Tennekoon J. agreed. | Offensive Weapons Act – section 2(1); Code of Criminal Procedure Act No. 15 of 1979 – sections 331(1) and 420; Evidence Ordinance – section 58; Constitution – Article 138. | Download |
| 2016-12-09 | CA/PHC/APN/0058/2015 |
Umagiliyage Rasika Chaminda & Another v. Lelio Orsetti & Another
View More |
Hon. L.T.B. Dehideniya, J | Revision – Primary Court land dispute – Actual possession – Competing descriptions of land – Thibbatukanaththawatta and Mahamestrigawatta – Magistrate dismissing application for failure to prove date of dispossession – High Court reversing Magistrate – Title irrelevant in section 66 proceedings – Actual possession on date information filed – Forcible dispossession within preceding two months as statutory exception – Scope of revision. | Constitution – Article 138; Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(b) and 68(1)–(4). | Download |
| 2016-12-09 | CA/PHC/0017/2007 |
M.A. Karunarathe & Two Others v. Divisional Secretary, Eheliyagoda & Others
View More |
Hon. H.C.J. Madawala, J | Certiorari – High-tension electricity line over private land – Alternative route – Provincial High Court writ jurisdiction – Subject matter must fall within Provincial Council List – Electrification appearing in Concurrent List – Statutory power to draw electricity lines distinguished from common-law servitude/right of way – Government Agent’s statutory decision stated to be final – High Court decision affirmed – Appeal dismissed without costs. | Constitution – Articles 138 and 154P(4)(b), Ninth Schedule; Electricity Act – section 15(11); Concurrent List – item 32. | Download |
| 2016-12-09 | CA/0045/2012 |
Hon. Attorney General v. Balawickrema Kankanamage Upul Chandana Balawickrema
View More |
Hon. L.U. Jayasuriya, J | Attorney General’s appeal against sentence – Theft/public property – Stolen chins spreader machine valued at Rs.300,000 – Property recovered undamaged – Adequacy of fine and sentence – Whether mandatory fine must equal three times value – Sentencing discretion where State suffers no loss. | Penal Code – section 336; Offences Against Public Property Act No.12 of 1982, as amended – section 3; Judicature Act No.2 of 1978 – section 15(b); Code of Criminal Procedure Act – section 331. | Download |
| 2016-12-09 | CA/0134/2011 |
H.A. Prasanga Silva & Another v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Two accused – Confessionary statement produced by prosecution – Inadmissible confession – Second accused acquitted on all charges – First accused sent for retrial – Conviction cannot stand where confession offends Evidence Ordinance. | Evidence Ordinance – section 25; Code of Criminal Procedure Act. | Download |
| 2016-12-09 | CA/0158/2010 |
Angusamy Saththiyavel v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Heroin/narcotics – Conviction on three counts – Life imprisonment – Evaluation of evidence – Consistency and probability – Defence denying possession of bag – Colour discrepancy – Appellate court independently reviewing evidence – Conviction affirmed. | Poisons, Opium and Dangerous Drugs legislation – sections 54A(b), 54A(c) and 54A(d) as stated in the document; Code of Criminal Procedure Act – section 331(1); Constitution – Article 138. | Download |
| 2016-12-09 | CA/0276/2014 |
Hasan Mohomed Irfan alias Happy v. Hon. Attorney General
View More |
Hon. L.U. Jayasuriya, J | Possession of hand grenade – Production chain – Formal admissions by counsel – Failure of trial Judge to make formal order recording admission – Whether party can resile from admission on appeal – Facts admitted need not be proved – Appeal against conviction. | Offensive Weapons Act – section 2(1); Code of Criminal Procedure Act No.15 of 1979 – section 420; Evidence Ordinance – section 58; Civil Procedure Code – section 146 by analogy. | Download |
| 2016-12-09 | CA/PHC/APN/0058/2015 |
Umagiliyage Rasika Chaminda & Nawadawa Withanage Gnanalatha v. Lelio Orsetti & Kathiragamalingam Sasidaran
View More |
Hon. L.T.B. Dehideniya, J | Revision – Primary Court land dispute – House and land – Rival descriptions of disputed property – Long possession versus subsequent purchaser/company – Section 66 private information – Threatened breach of peace – Identification and possession of disputed land. | Constitution – Article 138; Primary Courts’ Procedure Act No.44 of 1979 – section 66(1)(b). | Download |
| 2016-12-08 | CA/PHC/0153/2008 |
Rajapakse Nandana Anura Kumara Rajapakse v. R. Abeysinghe, Zonal Director of Education & Others
View More |
Hon. H.C.J. Madawala, J | Certiorari – Public-school teacher – Transfer – Complaints against teacher – Alleged sexual misconduct – Administrative action taken in interests of students – Natural justice – Transfer procedure – Establishments Code – Whether transfer was arbitrary, unreasonable or mala fide – Provincial High Court writ jurisdiction – Judicial review of public-service administrative decision. | Constitution – Article 154P; Establishments Code – provisions governing transfers of public officers/teachers; relevant transfer circular dated 16.10.2006. | Download |
| 2016-12-08 | CA/PHC/APN/0142/2016 |
Jayasinghege Premarathne Jayasinghe v. Ratnasinghe Arachchige Biso Padma
View More |
Hon. L.T.B. Dehideniya, J | Revision – Maintenance proceedings – Order of Provincial High Court – Availability of statutory appeal – Attempt to invoke Court of Appeal revisionary jurisdiction instead of prescribed appellate remedy – Maintenance Act replacing former Maintenance Ordinance – Proper appellate forum – Revision not a substitute for appeal. | Constitution – Article 138(1); Maintenance Act No. 37 of 1999 – sections 14 and 20; Code of Criminal Procedure Act – sections 320–330, 357 and 358 insofar as incorporated by the Maintenance Act. | Download |
| 2016-12-08 | CA/PHC/0153/2008 |
Rajapakse Nandana Anura Kumara Rajapakse v. R. Abeysinghe, Zonal Director of Education & Others
View More |
Hon. H.C.J. Madawala, J | Writ appeal – Teacher transfer – Petitioner absent and unrepresented – Transfer allegedly contrary to annual transfer procedure – Complaints concerning misconduct – Transfer pending inquiry – Natural justice – Clean hands / uberrima fides – Administrative discretion in school management. | Constitution – Article 154P and Article 12(1) principles referred to; Civil Procedure Code – section 769(2); Establishments Code; teacher-transfer circulars including regulation 3.05. | Download |
| 2016-12-08 | CA/PHC/0159/2006 |
W.M. Robert Gunawardane v. W.M. Amarasinghe & Others
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Threshing floor and access road – Obstruction – Possession – Two-month statutory period – First information filed more than two months after alleged obstruction – Magistrate lacked basis to restore possession – High Court revision. | Constitution – Article 138; Primary Courts’ Procedure Act No.44 of 1979 – section 66 and statutory two-month requirement. | Download |
| 2016-12-08 | CA/PHC/APN/0142/2016 |
Jayasinghege Premarathne Jayasinghe v. Ratnasinghe Arachchige Biso Padma
View More |
Hon. L.T.B. Dehideniya, J | Maintenance – Revision against High Court order made in revision – Availability of statutory appeal – Whether revision may be invoked instead of appeal – Maintenance Ordinance repealed – Application governed by Maintenance Act – Appellate route to Court of Appeal. | Constitution – Article 138(1); Maintenance Act No.37 of 1999 – sections 14 and 20; Code of Criminal Procedure Act No.15 of 1979 – sections 320–330, 357 and 358. | Download |
| 2016-12-07 | CA/0113/2013 |
Lokuge Don Jayalath Pathmasiri v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Sexual abuse of child – Four-year-old victim – Trial in absentia – Twelve years rigorous imprisonment – Fine and compensation – Competency of child witness – Evidence of victim corroborated by mother and medical evidence – No material contradictions going to root of prosecution case – Defence evidence failing to create reasonable doubt – High Court conviction affirmed – Appeal dismissed. L.U. Jayasuriya J. agreed. | Penal Code – section 365(2)(b)(2); Evidence Ordinance – provisions concerning competency of witnesses. | Download |
| 2016-12-07 | CA/PHC/APN/0186/2013 |
M/s Bibile Kotagama Multi Purpose Cooperative Society v. Uva Palath Samupakara Sewaka Commission Sabhawa & Another
View More |
M/s Bibile Kotagama Multi Purpose Cooperative Society v. Uva Palath Samupakara Sewaka Commission Sabhawa & Another Hon. L.T.B. Dehideniya, J | Writ and revision – Cooperative employee – Disciplinary termination – Appeal to Cooperative Employees Commission filed out of time – Commission ordering reinstatement – Decision alleged to be ab initio void for want of jurisdiction – Provincial High Court accepting invalidity but refusing certiorari because of delay and laches – Discretionary writ jurisdiction – Effect of delay even where administrative decision is challenged as unlawful. | Constitution – Articles 138 and 154P; Co-operative Employees Commission Act No. 12 of 1972, as amended by Act No. 51 of 1992 – section 32; applicable Co-operative Employees Commission Regulations, including rule 135. | Download |
| 2016-12-07 | CA/MC/0007/2012 |
M. Kandasamy v. Jeyaweera Mudiyanalage Chandrika Priyadharshani & Another
View More |
Hon. P.R. Walgama, J | Revision – State land – Government/plantation quarters – Ejectment – Long occupation without valid permit – Quit notice – Substituted service while occupier abroad – Magistrate’s ejectment order – Requirement of lawful written authority to occupy State land – Revisionary interference – Unauthorized occupation. | Constitution – Article 138; State Lands (Recovery of Possession) Act No. 7 of 1979, as amended – sections 3, 11(b) and 13. | Download |
| 2016-12-07 | CA/WRT/0267/2014 |
Hewa Kdawadduwage Jinendra Indrasoma & 15 Others v. Land Reform Commission & Others
View More |
Hon. S. Thurairaja, PC, J | Writ of Mandamus – Land Reform Commission – China-Sri Lanka Friendship Agricultural Village – Allocation of agricultural land – Land Kachcheri – Possession granted to selected cultivators – Advance payment for survey – Failure to transfer title for several years – Statutory authority of Land Reform Commission to dispose of land vested in it – Legitimate expectation – Representation by public authority – Reliance – Wednesbury unreasonableness – Abuse of discretion by non-compliance – Mandamus granted subject to petitioners having been originally selected and satisfying mandatory requirements. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Land Reform Law No. 1 of 1972 – section 44(a); State Lands Ordinance No. 8 of 1947 – section 2. | Download |
| 2016-12-07 | CA/0113/2013 |
Lokuge Don Jayalath Pathmasiri v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Grave sexual abuse – Four-year-old victim – Trial in absentia – Child witness competency – Corroboration by mother and medical evidence – No material contradictions – Appeal against conviction, sentence and compensation – Appeal dismissed. | Grave sexual abuse – Four-year-old victim – Trial in absentia – Child witness competency – Corroboration by mother and medical evidence – No material contradictions – Appeal against conviction, sentence and compensation – Appeal dismissed. Penal Code – section 365B(2)(b); Evidence Ordinance – competency of child witnesses; Code of Criminal Procedure Act. | Download |
| 2016-12-07 | CA/0187/2011 |
Hon. Attorney General v. W.K. Dharmadasa
View More |
Hon. K.K. Wickramasinghe, J | Attorney General’s appeal – Kidnapping minor – Grave sexual abuse – Twelve-year-old victim – Contradictions between victim and eyewitness – Failure of trial Judge to properly evaluate prosecution and defence evidence – Adequacy of reasoning. | Penal Code – sections 354 and 365B(2)(b), as amended by Act No.22 of 1995; Code of Criminal Procedure Act – section 331. | Download |
| 2016-12-07 | CA/PHC/APN/0186/2013 |
M/s. Bibile Kotagama Multi Purpose Cooperative Society v. Uva Palath Samupakara Sewaka Commission Sabhawa & Another
View More |
Hon. L.T.B. Dehideniya, J | Cooperative employee – Financial misconduct – Disciplinary inquiry – Termination – Appeal to Cooperative Employees Commission – Reinstatement order – Appeal filed out of time – High Court holding administrative order void but refusing writ because of delay – Revision. | Constitution – Articles 138 and 154P; Co-operative Employees Commission Act No.12 of 1972, as amended by Act No.51 of 1992 – section 32; Gazette Extraordinary No.169/8 dated 01.12.1981 – Rule 135. | Download |
| 2016-12-06 | CA/WRT/0354/2012 |
B.A. Jinapala Amarasinghe v. Secretary, Ministry of Public Administration & Home Affairs & Others
View More |
Hon. L.U. Jayasuriya, J | Writ of Certiorari – Grama Niladhari – Disciplinary proceedings – Fraudulent birth certificate – False date of birth – Dismissal from public service – Appeals to Public Service Commission and Administrative Appeals Tribunal – Constitutional ouster of writ jurisdiction – Public Service Commission determinations – Article 61A – Failure to join individual members who participated in impugned decisions – Necessary parties – Fatal non-joinder – Application dismissed with Rs.25,000 costs. Deepali Wijesundera J. agreed. | Constitution – Articles 61A and 140; Widows\' and Orphans\' Pension Fund Ordinance – section 21; principles governing necessary parties in certiorari applications. | Download |
| 2016-12-06 | CA/PHC/0109/2011 |
Maththaka Gamage Thilakarathne Wijedasa & Others v. Maththaka Gamage Chandrawathie & Others
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Possession – Forcible dispossession within two months – Magistrate ordering restoration – High Court revision dismissed – Appeal to Court of Appeal subsequently withdrawn – Counsel’s unilateral statement that status quo be maintained pending partition action – Effect of withdrawal of appeal – No enforceable Court order created by counsel’s statement – Successful party entitled to rely on subsisting Magistrate and High Court orders. | Constitution – Article 154P(3)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11; Primary Courts’ Procedure Act No. 44 of 1979 – section 66. | Download |
| 2016-12-06 | CA/PHC/0109/2011 |
Maththaka Gamage Thilakarathne Wijedasa & Others v. Maththaka Gamage Chandrawathie & Others
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Section 66 proceedings – Possession – Dispossession within two months – Earlier appeal withdrawn – Subsequent attempt to prevent execution – Status quo – Effect of withdrawal of appeal – Execution of Magistrate’s order. | Primary Courts’ Procedure Act No.44 of 1979 – section 66; Constitution – Article 154P; High Court of Provinces (Special Provisions) Act No.19 of 1990 – section 11. | Download |
| 2016-12-06 | CA/0354/2012 |
B.A. Jinapala Amarasinghe v. Secretary, Ministry of Public Administration & Home Affairs & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari – Grama Niladhari – Disciplinary inquiry – Fraudulent birth certificate – False date of birth – Dismissal from public service – Public Service Commission – Administrative Appeals Tribunal – Challenge to disciplinary findings. | Constitution – Article 140; Public Service Commission framework; Administrative Appeals Tribunal law; Widows’ and Orphans’ Pension Fund Ordinance – section 21 as referred to in the proceedings. | Download |
| 2016-12-06 | CA/WRT/0083/2013 |
Ilandarige Piyadasa v. Mahaweli Authority of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Certiorari – State land – Mahaweli Authority – Permit issued to petitioner – Competing claim by another person – Cancellation/administrative decision concerning permit – Rights of permit holder – Judicial review of State-land administration. | Constitution – Article 140; Land Development Ordinance – section 19(2); Mahaweli statutory land-administration framework. | Download |
| 2016-12-06 | CA/WRT/0083/2013 |
Ilandarige Piyadasa v. Mahaweli Authority of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Certiorari – State land – Mahaweli Authority – Permit issued to petitioner – Competing claim by another person – Cancellation/administrative decision concerning permit – Rights of permit holder – Judicial review of State-land administration. | Constitution – Article 140; Land Development Ordinance – section 19(2); Mahaweli statutory land-administration framework. | Download |
| 2016-12-05 | CA/0723/1999 |
Karunamuni Karunasiri de Silva v. Philomina Wimala de Zoysa & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition action – Time limit for petition of appeal – Sixty-day period – Judgment day excluded – 60th and 61st days falling on Saturday and Sunday – Filing on next working day – Appeal held to be within time – Identification of corpus – Difference between extent stated in plaint and extent found on preliminary survey – Boundaries corresponding – Preliminary plan accepted by parties – Duty of District Judge to identify corpus and investigate title – Prescriptive title – Burden on party claiming prescription – Failure to establish commencement and continuity of adverse possession – Appeal dismissed without costs. Deepali Wijesundera J. agreed. | Civil Procedure Code – sections 755(3), 756(4) and 758; Constitution – Article 169(2); Prescription Ordinance – section 3; statutory rules governing computation of time. | Download |
| 2016-12-05 | CA/PHC/APN/0010/2014 |
Gihan Jayanath Gamage v. Thalarambage Umendra Lanka Dharmadasa & Others
View More |
Hon. L.T.B. Dehideniya, J | Revision – Motor vehicle released as production – Isuzu Jeep – Exchange of vehicles – Counterfeit documents – Competing claims to ownership – Magistrate directing release to original owner – High Court reversing order in revision – Whether purchaser acquired better title – Recovery and disposal of property pending criminal proceedings – Revisionary jurisdiction – Correctness and legality of High Court order. | Constitution – Article 138; Code of Criminal Procedure Act – provisions relating to custody and disposal/release of productions. | Download |
| 2016-12-05 | CA/PHC/APN/0036/2016 |
Ranasinghe Arachchige Pradeep Isuranga v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision of sentence – Cannabis – Trafficking and possession – Guilty plea – Sentence imposed in absentia – One year rigorous imprisonment on each count – Consecutive sentences – Request for suspended sentence – Young first offender – Mitigating circumstances – Scope of revision where sentence itself is lawful – Sentencing discretion. | Constitution – Articles 138 and 145; Poisons, Opium and Dangerous Drugs Ordinance – sections 54A(b) and 54A(d), read with the Third Schedule. | Download |
| 2016-12-05 | CA/0285/2009 |
Palliyapattuge Malika v. Hon. Attorney-General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Possession of 14.02 grams of heroin – Life imprisonment – Trial Judge referring to Information Book notes – Police statements and non-summary material not substantive evidence – Distinction between referring to prior material and using it substantively – Contradictions in testimony – Lapse of time – Credibility and testimonial trustworthiness – Material and immaterial contradictions – Conviction upheld. | Poisons, Opium and Dangerous Drugs Ordinance – section 54A; evidentiary rules governing police statements, Information Book entries and substantive evidence. | Download |
| 2016-12-05 | CA/WRT/0297/2013 |
P.A.M.G. Pinnawala v. Air Marshal Harsha Abeywickrama, Commander of the Sri Lanka Air Force & Others
View More |
Hon. P. Padman Surasena, J | Writ of Certiorari – Sri Lanka Air Force officer – Injury while on duty – Above-knee amputation – Medical Board – Permanent total disablement distinguished from permanent partial disablement – A4 G4 medical classification – 75% loss of earning capacity – Claim for compensation equivalent to 120 months’ salary – Entitlement limited to 90 months’ salary – Necessity of specifying nature of writ sought – Certiorari refused – Application dismissed without costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Public Administration Circular No. 22/93 dated 21.09.1993 – clauses 3(a)(ii) and 3(a)(iii), Schedule 1; Public Administration Circular No. 22/93(iii); Air Force Orders Nos. 608/680 as referred to in the judgment. | Download |
| 2016-12-05 | CA/WRT/0213/2012 |
Madagama Gamage Chaminda Kumara Gunaratne v. Tharani Anjoja Gamage, Divisional Secretary, Palinda Nuwara & Others
View More |
Hon. M.M.A. Gaffoor, J | Land Development Ordinance – Nomination of successor – Original permit holder initially nominating several persons including petitioner – Later cancellation and nomination of 2nd respondent as sole successor shortly before death – Later nomination registered one day after permit holder’s death – Validity of nomination dependent upon registration before death – Meaning of “registered” – Delay in presentation for registration – Public holiday/weekend argument – Statutory registration requirement – Certiorari and Mandamus sought in relation to competing nominations. | Constitution – Article 140; Land Development Ordinance No. 19 of 1935 – sections 19, 60 and 72; Interpretation Ordinance – section 8(2) and statutory meaning of “registered.” | Download |
| 2016-12-05 | CA/WRT/0213/2012 |
Madagama Gamage Chaminda Kumara Gunaratne v. Tharani Anjoja Gamage, Divisional Secretary & Others
View More |
Hon. M.M.A. Gaffoor, J | Certiorari and Mandamus – State-land succession – Permit holder – Nomination of successors – Cancellation of earlier nomination – Second nomination registered one day after permit holder’s death – Whether nomination valid – Statutory requirement that nomination/cancellation be registered before death. | Constitution – Article 140; Land Development Ordinance No.19 of 1935 – sections 19, 60 and 72. | Download |
| 2016-12-05 | CA/PHC/0120/2013 |
Liyanage Justin Perera v. Officer-in-Charge, Minor Offence Branch, Cinnamon Gardens Police Station & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Criminal revision – Cheating – Obtaining money on promise of foreign employment – Guilty plea – Eleven similar cases – Consecutive sentences amounting to lengthy imprisonment – Application to have sentences run concurrently – Exceptional circumstances – Revisionary jurisdiction – Delay. | Penal Code – section 400; Code of Criminal Procedure Act No.15 of 1979; Constitution – Article 138; principles governing revision and concurrent/consecutive sentences. | Download |
| 2016-12-05 | CA/0261/2015 |
Reginald Joshep Seneviratne v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Sentence appeal – Retention of stolen property – SANASA Bank robbery – Trial in absentia – Co-accused pleading guilty and receiving suspended sentences – Disparity in sentencing – Appellant challenging sentence only – Sentencing policy – Equality and proportionality. | Penal Code – section 394; Code of Criminal Procedure Act – section 241 and section 331. | Download |
| 2016-12-05 | CA/0261/2015 |
Reginald Joshep Seneviratne v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Sentence appeal – Retention of stolen property – SANASA Bank robbery – Trial in absentia – Co-accused pleading guilty and receiving suspended sentences – Disparity in sentencing – Appellant challenging sentence only – Sentencing policy – Equality and proportionality. | Penal Code – section 394; Code of Criminal Procedure Act – section 241 and section 331. | Download |
| 2016-12-05 | CA/0261/2015 |
Reginald Joshep Seneviratne v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Sentence appeal – Retention of stolen property – SANASA Bank robbery – Trial in absentia – Co-accused pleading guilty and receiving suspended sentences – Disparity in sentencing – Appellant challenging sentence only – Sentencing policy – Equality and proportionality. | Penal Code – section 394; Code of Criminal Procedure Act – section 241 and section 331. | Download |
| 2016-12-05 | CA/0285/2009 |
Palliyapattuge Malika v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Heroin possession – 14.02 grams – Life imprisonment – Information Book notes – Trial Judge referring to police Information Book – Whether notes used as substantive evidence – Evaluation of prosecution evidence – Appeal against conviction and sentence. | Poisons, Opium and Dangerous Drugs Ordinance – section 54A; criminal evidence principles concerning police statements and Information Book entries. | Download |
| 2016-12-05 | CA/0723/1999(F) |
Karunamuni Karunasiri de Silva v. Philomina Wimala de Zoysa & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition action – Identification of corpus – Prescriptive title – Appeal filed after 60 days – Sixtieth and sixty-first days falling on weekend – Computation of time – Whether appeal was time-barred – Proof of prescription. | Civil Procedure Code – sections 755(3) and 758; law relating to computation of time; Prescription Ordinance; Partition Law. | Download |
| 2016-12-05 | CA/WRT/0297/2013 |
P.A.M.G. Pinnawala v. Air Marshal Harsha Abeywickrama, Commander of the Sri Lanka Air Force & Others
View More |
Hon. P. Padman Surasena, J | Certiorari – Sri Lanka Air Force officer – Injury resulting in amputation – Medical Board – Permanent total versus partial disablement – Compensation – Loss of earning capacity – Fitness for service – Interpretation of Public Administration Circular. | Constitution – Article 140; Public Administration Circular No.22/1993 dated 21.09.1993 – clauses 3(a)(ii) and 3(a)(iii). | Download |
| 2016-12-05 | CA/PHC/APN/0010/2014 |
Gihan Jayanath Gamage v. Thalarambage Umendra Lanka Dharmadasa & Others
View More |
Hon. L.T.B. Dehideniya, J | Revision – Vehicle inquiry – Fraudulent/counterfeit vehicle documents – Exchange of vehicles – Competing claims to Isuzu Jeep – Release of production on bond – Ownership versus possession – Magistrate’s order and High Court revision. | Constitution – Article 138; Code of Criminal Procedure Act – section 431 and provisions governing disposal/release of productions. | Download |
| 2016-12-05 | CA/PHC/APN/0036/2016 |
Ranasinghe Arachchige Pradeep Isuranga v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision of sentence – Cannabis – Possession and trafficking of 1 kg – Guilty plea – Accused absent on sentencing date – One year RI on each count – Mitigation – Young offender – First offender – Whether suspended sentence appropriate – Sentence varied in revision. | Constitution – Articles 138 and 145; Poisons, Opium and Dangerous Drugs Ordinance – sections 54A(b) and 54A(d), Third Schedule. | Download |
| 2016-12-02 | CA/TEL/REG/0001/2013 |
B.A.C. Abeywardena & Electroteks C EKE (Private) Limited v. Telecommunications Regulatory Commission of Sri Lanka & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Telecommunications appeal – Private television broadcasting – Television and Radio Network – Separate broadcasting and radio-frequency licensing regimes – Digital transmission instead of licensed analogue transmission – Use of UHF Channel 49 without allocation – Pay television transmission – TRCSL investigation – Show-cause procedure – Revocation of broadcasting-station licence – Statutory appeal under section 22(4) – Powers of Telecommunications Regulatory Commission – Regulation and control of radio-frequency spectrum. | Sri Lanka Telecommunications Act No. 25 of 1991, as amended by Act No. 27 of 1996 – sections 10(1), 22(1), 22(2), 22(3) and 22(4); Sri Lanka Rupavahini Corporation Act No. 6 of 1982 – section 28. | Download |
| 2016-12-02 | CA/WRT/0388/2016 |
A.M. Chaminda Sudath Siriwardana, R.M.C. Jayalal Rathnayaka & R.M. Sumith Sudarshana v. Pradeshiya Sanwardhana Bank & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Bank employees – Suspension pending disciplinary inquiry – Pawning section – Gold jewellery – Previous disciplinary inquiry concerning 652 pawned items – Reinstatement without back wages – Subsequent investigation concerning different jewellery transactions from 2011–2013 – Allegation of double punishment – Mala fides – Physical verification of gold not conclusive as to caratage – Employer’s entitlement to investigate subsequently discovered misconduct – No merit – Notice refused – Application dismissed. S. Thurairaja PC J. agreed. | No specific Act or statutory section is identified in the judgment. The dispute principally concerns the disciplinary code of the Pradeshiya Sanwardhana Bank and judicial review of an employer’s disciplinary investigation. | Download |
| 2016-12-02 | CA/WRT/0141/2014 |
Capt. Duleep Vethavanam & Others v. Telecommunications Regulatory Commission of Sri Lanka & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Telecommunications – Residents – Application withdrawn by petitioners – Respondents seeking taxed costs – Court declining costs – Withdrawal allowed – No costs. | Constitution – Article 140; administrative/writ jurisdiction. | Download |
| 2016-12-02 | CA/WRT/0141/2014 |
Capt. Duleep Vethavanam & Others v. Telecommunications Regulatory Commission of Sri Lanka & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Telecommunications – Residents – Application withdrawn by petitioners – Respondents seeking taxed costs – Court declining costs – Withdrawal allowed – No costs. | Constitution – Article 140; administrative/writ jurisdiction. | Download |
| 2016-12-01 | CA/PHC/APN/0058/2014 |
Seylan Bank PLC v. Christobel Daniels
View More |
Hon. A.H.M.D. Nawaz, J | Labour Tribunal – Termination of employment – Compensation – Cross-appeals to High Court – Revision to Court of Appeal – Preliminary objection – Supporting affidavit attested by Bank’s own Legal Officer/Human Resources officer – Commissioner for Oaths “otherwise interested” in proceeding – Invalid affidavit – Mandatory supporting affidavit – Alternative statutory appeal to Supreme Court – Laches – Application liable to dismissal in limine. | Constitution – Article 138(1); Court of Appeal (Appellate Procedure) Rules 1990 – rule 3(1)(a); Oaths and Affirmations Ordinance – section 12(2); Industrial Disputes Act – section 31DD. | Download |
| 2016-12-01 | CA/WRT/0388/2016 |
A.M. Chaminda Sudath Siriwardana, R.M.C. Jayalal Rathnayaka & R.M. Sumith Sudarshana v. Pradeshiya Sanwardhana Bank & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Hon. Vijith K. Malalgoda, PC, J (P/CA) Writ application – Bank employees – Suspension pending disciplinary inquiry – Pawning section – Gold jewellery – Previous disciplinary inquiry – Reinstatement without back wages – Fresh investigation relating to different pawned jewellery – Allegation of double punishment – Mala fide – Physical verification of gold – Employer’s right to investigate subsequently discovered misconduct – Notices refused – Application dismissed. | Disciplinary Code of the 1st Respondent Bank. No particular statutory provision is expressly identified in the portion of the judgment setting out the Court’s determination. | Download |
| 2016-11-30 | CA/0036/2000 |
R.R. Somawathie v. Don Harold Stassen Jayawardena
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title and ejectment – Plaintiff possessing undisputed paper title – Defendant claiming prescription to half share – Entry as caretaker/agent with leave and licence – Prescription does not run until adverse possession is clearly manifested to owner – Alleged oral promise by predecessor to transfer half share – Unilateral division of owner’s land ineffective – Claim for compensation for house and improvements – Improver with knowledge/no lawful basis not entitled to compensation – District Court judgment affirmed – Appeal dismissed. | Prescription Ordinance; Prevention of Frauds Ordinance principles concerning alleged promise relating to immovable property; Roman-Dutch law principles of rei vindicatio, agency/permissive possession and compensation for improvements. | Download |
| 2016-11-30 | CA/1269/2000 |
Danthika Lakshamani Abeywardena Wickramasinghe & Chinthanika Abeywardena Wickramasinghe v. Hettiarachchige Sunny de Alwis & Others
View More |
Hon. A.H.M.D. Nawaz, J | Joint bank account – Fixed deposit – Death of joint account holder – Survivorship – Beneficial ownership – Mutual will distinguished from joint will – Intention of deceased – Bank mandate permitting operation by either holder – Legal title and beneficial interest – Resulting trust – Survivor entitled to account balance – Appeal dismissed. | Civil Law Ordinance No. 5 of 1852; principles of banking law, trusts/equity, survivorship and mutual wills; contractual terms governing National Savings Bank joint deposit. | Download |
| 2016-11-30 | CA/0210/2013 |
Jayasekara Vidanapathiranage Indika Priyantha v. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Rape – Identification – Victim did not know accused by name but described appearance – Identification parade held approximately three years later – Opportunity for observation distinguished from fleeting-glance identification – Victim hospitalized following assault – Corroborative evidence from daughter – Accused allegedly absconding – Medical evidence – Conviction and sentence challenged. S. Devika de L. Tennekoon J. sat on the bench. | Penal Code – sections 363 and 364(1); Penal Code (Amendment) Act No. 22 of 1995; Code of Criminal Procedure appellate jurisdiction. | Download |
| 2016-11-30 | CA/0231/2009 |
Mahage Sugith Pushpakumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Murder – Eyewitness evidence – Stabbing – Investigating officer deceased before trial – Information-book extracts – Improper admission/rejection of evidence – Whether any evidential irregularity caused prejudice – Cumulative provocation raised for first time on appeal despite total denial in dock statement – Cogent eyewitness evidence – Conviction and death sentence affirmed – Appeal dismissed. L.U. Jayasuriya J. agreed. | Penal Code – section 296; Evidence Ordinance – section 167; Code of Criminal Procedure Act No. 15 of 1979 – section 110(4) and appellate provisions. | Download |
| 2016-11-30 | CA/WRT/0366/2016 |
W.M. Wijerathne Banda & W.M. Chandra Kumari Wijerathne v. R.K.S.S.C. Wijesinghe, Provincial Land Commissioner & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – State land – Long occupation – Application for regularization only in 2015 – Earlier quit proceedings – First petitioner previously agreeing before Magistrate to vacate premises – Valid permit issued to competing claimant following Land Kachcheri in 2013 – Subsequent re-entry/challenge – Delay and laches of approximately two and a half years – Failure to pursue claim at Land Kachcheri – No merit – Notices refused without costs. S. Thurairaja PC J. agreed. | Constitution – Article 140; State-land permit and Land Kachcheri framework; State Lands (Recovery of Possession) legislation is relevant to the quit proceedings, though the short order does not identify a particular section. | Download |
| 2016-11-30 | CA/PHC/0103/2011 |
Mahahennadige Jayasena v. Resident Project Manager, Mahaweli Authority of Sri Lanka, Walawa Special Area & Liyana Arachchige Ariyasena
View More |
Hon. L.T.B. Dehideniya, J | State land – Ejectment – Aggrieved third party – Revision – Appellant not party to original ejectment proceedings – Long possession without permit – Scope of inquiry limited to proof of valid permit or written authority – No legally recognized right to possess State land established – Appellant therefore not person aggrieved – Competent authority – Mahaweli employee authorized to exercise State-land recovery powers in Special Area – Appeal dismissed. | Constitution – Article 138; State Lands (Recovery of Possession) Act – sections 5 and 9; Mahaweli Authority of Sri Lanka Act No. 23 of 1979 as amended by Act No. 59 of 1993 – statutory powers relating to Special Areas and Schedule B. | Download |
| 2016-11-30 | CA/WRT/0366/2016 |
W.M. Wijerathne Banda & W.M. Chandra Kumari Wijerathne v. R.K.S.S.C. Wijesinghe, Provincial Land Commissioner & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – State land – Long occupation – Application to regularise occupation – Existing permit issued to another person after Land Kachcheri – Earlier agreement by petitioner to vacate – Quit notice – Delay of approximately two and a half years – Laches – No merit – Notices refused. | Constitution – Article 140; statutory State-land permit framework. | Download |
| 2016-11-30 | CA/0036/2000(F) |
R.R. Somawathie v. Don Harold Stassen Jayawardena
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title – Ejectment – Plaintiff relying on deed derived from partition decree – Defendant originally occupying as caretaker/licensee – Claim of half share by prescription – Alleged promise to transfer land – Adverse possession – When possession of agent/licensee becomes adverse – Improvements and compensation – Burden on defendant to establish superior prescriptive title. | Prescription Ordinance; Roman-Dutch/common-law principles governing rei vindicatio, leave and licence, adverse possession and improvements. | Download |
| 2016-11-30 | CA/0210/2013 |
Jayasekara Vidanapathiranage Indika Priyantha v. Attorney General
View More |
Hon. P.R. Walgama, J | Rape – Identification of accused – Identification parade held approximately three years after incident – Victim did not know accused by name but described him – Corroborative evidence of daughter – Bloodstains – Absconding – Medical evidence – Appeal against conviction and sentence. | Penal Code – sections 363 and 364(1), as amended by Act No. 22 of 1995; Code of Criminal Procedure Act – section 331. | Download |
| 2016-11-30 | CA/PHC/0103/2011 |
Mahahennadige Jayasena v. Resident Project Manager, Mahaweli Authority of Sri Lanka & Liyana Arachchige Ariyasena
View More |
Hon. L.T.B. Dehideniya, J | State land – Recovery of possession – Person not party to Magistrate’s proceedings – Aggrieved-party revision – No permit or written authority – Long possession insufficient – Locus standi – Competent authority under Mahaweli law – Revision discretionary. | Constitution – Article 138; State Lands (Recovery of Possession) Act – sections 5 and 9; Mahaweli Authority of Sri Lanka Act No.23 of 1979, as amended by Act No.59 of 1993 – section 23. | Download |
| 2016-11-29 | CA/WRT/0113/2013 |
Amaradasa Hiththatiyage v. Commissioner of Excise & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Liquor licence – Tourism Development Authority-approved restaurant – FL7, FL8 and arrack licences – Claimed existing licence/renewal – Court finding application was a fresh application – Distance restrictions from schools and places of worship – Relaxation applicable to specified existing licences – Public objections and inquiry – No entitlement to claimed relief – Application dismissed with Rs.50,000 costs – Registrar directed to complain to Police regarding apparent interference with court brief/document. | Constitution – Article 140; Excise Ordinance; applicable Excise licensing regulations/guidelines, including Schedule III clauses 1(a), 12, 19, 20(c) and 21. | Download |
| 2016-11-29 | CA/WRT/0334/2012 |
Singappullige Mallika Kusumalatha v. General Manager, Electrical, Ceylon Electricity Board & Others
View More |
Hon. A.H.M.D. Nawaz, J | Mandamus – Electricity pole situated on petitioner’s land – Agreement following site inspection to relocate pole – Public Utilities Commission approving relocation – Ceylon Electricity Board unable to implement because of obstruction by private respondent – Statutory enforcement remedy through Magistrate’s Court – CEB undertaking to invoke that remedy – Petitioner thereafter withdrawing application – Proceedings dismissed/terminated subject to undertaking. P. Padman Surasena J. agreed. | Sri Lanka Electricity Act No. 20 of 2009 – section 39(1) and Schedule 2, section 9; Constitution – Article 140. | Download |
| 2016-11-29 | CA/WRT/0447/2015 |
Pathiranage Mihipathi Madhuranga v. National Savings Bank & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Employment – Interdiction/suspension – Non-payment of salary and allowances during interdiction – Authority under disciplinary rules – Formal domestic inquiry subsequently completed – Petitioner found guilty and dismissed retrospectively from date of interdiction – Later dismissal letter independently denying unpaid salary/allowances not challenged – Original challenge rendered futile – Subsequent event affecting maintainability and practical utility of writ relief. | Constitution – Article 140; National Savings Bank Disciplinary Rules – clause 6.4. | Download |
| 2016-11-29 | CA/WRT/0113/2013 |
Amaradasa Hiththatiyage v. Commissioner of Excise & Others
View More |
Hon. P. Padman Surasena, J | Liquor licence – Tourist Board approved restaurant – FL7, FL8 and arrack licences – Cancellation/non-renewal – Minimum-distance requirement – Public objections – Whether inquiry required – Discretion of Commissioner General of Excise – Existing licence not automatically renewable. The document expressly carries the heading “JUDGMENT.” | Constitution – Article 140; Excise Ordinance; Excise Notification No.902, Gazette Extraordinary No.1544/17 dated 10.04.2008 – Regulations 2, 3, 20(c), 21 and Schedule III. | Download |
| 2016-11-29 | CA/WRT/0334/2012 |
Singappullige Mallika Kusumalatha v. General Manager, Ceylon Electricity Board & Others
View More |
Hon. A.H.M.D. Nawaz, J | Mandamus – Electricity pole located on petitioner’s land – Agreed relocation – Public Utilities Commission approving relocation – Obstruction by neighbouring respondent – CEB undertaking to obtain Magistrate’s Court enforcement – Application withdrawn/terminated subject to undertaking. | Constitution – Article 140; Sri Lanka Electricity Act No.20 of 2009 – section 39(1) and Schedule 2, section 9. | Download |
| 2016-11-28 | CA/1144/1999 |
Divisional Secretary, Alawwa v. Kaluthara Soma Thero & Others
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal – Election of Alawwa Sasanarakshaka Bala Mandalaya – District Court declaring election null and void – Trial disposed partly by written submissions before completion of cross-examination – Twenty-seven issues – Trial judge collectively answering issues – Duty to give reasoned answers to material issues – Requirements of a valid civil judgment – Failure to evaluate evidence and answer issues – Subsequent elections and expiry of office terms. | Civil Procedure Code – sections 187 and 754; Constitution/rules governing the Alawwa Sasanarakshaka Bala Mandalaya as relevant to the underlying election dispute. | Download |
| 2016-11-28 | CA/0167/2015 |
Andra Hannadige Pathmasiri v. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Murder and attempted murder – Sudden fight – Provocation – Deceased as aggressor – Bus altercation – Accused also injured – Self-defence evidence – Prosecution not calling other available witnesses – Murderous intention – Grave and sudden provocation/sudden fight – Request to reduce murder conviction to culpable homicide not amounting to murder – State conceding lesser culpability. S. Devika de L. Tennekoon J. sat on the bench. | Penal Code – sections 296 and 300 and provisions/exceptions governing culpable homicide not amounting to murder; Code of Criminal Procedure Act No. 15 of 1979 – section 331(1). | Download |
| 2016-11-28 | CA/0241/2012 |
Polonnamperuma Arachchilage Nishan Anushka Kumara & Yakgaha Hewage Chitralatha v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Abduction/kidnapping – Thirteen-year-old schoolgirl – Accused offering to take victim home in three-wheeler but instead taking her to unknown house – Absence of parental/guardian consent – Victim detained for two days – Meaning of kidnapping from lawful guardianship – Mother’s alleged knowledge immaterial to initial taking – Ingredients of offence established – High Court judgment affirmed – Appeal dismissed. L.U. Jayasuriya J. agreed. | Penal Code – sections 352 and 354; Code of Criminal Procedure appellate jurisdiction. | Download |
| 2016-11-28 | CA/WRT/0241/2014 |
Wanasinghe Mudiyanselage Kusumawathi v. Divisional Secretary, Nuwaragam Palatha East & Others
View More |
Hon. P. Padman Surasena, J | State land – Long-term industrial lease – Government Agent granting lease over Lot 514/A2 – Provincial Land Commissioner later purporting to cancel/subdivide existing lease and grant portions to petitioner’s spouse and 4th respondent – Authority to sell, lease or dispose of State land – Delegation of presidential statutory power – Legality of action by Provincial Land Commissioner – Ultra vires administrative action – Certiorari, Mandamus and Prohibition. | Constitution – Article 140; State Lands Ordinance – sections 2 and 105; statutory provisions governing delegation of the President’s powers over State lands. | Download |
| 2016-11-28 | CA/0241/2012 |
Polonnamperuma Arachchilage Nishan Anushka Kumara & Yakgaha Hewage Chitralatha v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Abduction of 13-year-old girl – Minor taken from lawful guardianship – Victim taken in three-wheeler and kept at unknown house – Consent of guardian – Mother’s alleged knowledge – Ingredients of kidnapping/abduction – High Court conviction affirmed – Appeal dismissed. | Penal Code – sections 352 and 354. | Download |
| 2016-11-28 | CA/1144/1999(F) |
Divisional Secretary, Alawwa v. Kaluthara Soma Thero & Others
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal – Election of Alawwa Sasanarakshaka Bala Mandalaya – District Court declaring 1997 election null and void – Subsequent elections held – Office holders changed/died – Passage of time – Whether appeal had become academic/moot – Relief no longer practically effective. | Civil Procedure Code – section 754; Constitution/rules governing the Alawwa Sasanarakshaka Bala Mandalaya as referred to in the action. | Download |
| 2016-11-28 | CA/0167/2015 |
Andra Hannadige Pathmasiri v. Attorney General
View More |
Hon. P.R. Walgama, J | Murder and attempted murder – Sudden fight – Provocation – Deceased as aggressor – Accused also injured – Self-defence – Knife attack during bus altercation – Murder reduced to culpable homicide – Lesser culpability – Sentencing. | Penal Code – sections 296, 300 and provisions concerning culpable homicide, sudden fight and provocation; Code of Criminal Procedure Act – section 331(1). | Download |
| 2016-11-28 | CA/PHC/0149/2009 |
Liyana Arachchige Ivan Gamini de Silva v. Hon. Attorney General & Officer in Charge, Ragama Police Station
View More |
Hon. L.T.B. Dehideniya, J | Revision – Vehicle allegedly robbed – Accused discharged following police investigation – Vehicle released to registered owner – Third party seeking further proceedings – Locus standi – Person not claiming vehicle and not directly aggrieved – Revision application not maintainable. | Constitutional revisionary jurisdiction; principles of locus standi and criminal procedure relating to release of productions. | Download |
| 2016-11-28 | CA/WRT/0241/2014 |
Wanasinghe Mudiyanselage Kusumawathi v. Divisional Secretary, Nuwaragam Palatha East & Others
View More |
Hon. P. Padman Surasena, J | Certiorari, Mandamus and Prohibition – State land – Long-term lease – Industrial purpose – Provincial Land Commissioner purporting to cancel/subdivide valid lease – Competing lease to 4th respondent – Authority over State land – Validity of existing lease – Administrative action. The document is expressly headed “JUDGMENT.” | Constitution – Article 140; State Lands Ordinance and statutory framework governing long-term State-land leases. | Download |
| 2016-11-26 | CA/0713/1999 |
Athurigi Arachchige Teslin Wickramasinghe v. Hadira Gamage Agnes Nona & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition – Identification of corpus – Preliminary survey – Defendants claiming Lots 1 and 4 excluded from corpus – Earlier partition and res judicata asserted – Plaintiff admitting portions on eastern side wrongly included – Alternative plan – Plaintiff cannot seek partition of land not co-owned by her – Duty of trial judge to satisfy himself regarding identity of land – Incorrect extent/boundaries – Proper identification of corpus essential to partition decree. | Partition law principles governing identification of corpus, investigation of title and res judicata; Prescription Ordinance principles were also raised by defendants. | Download |
| 2016-11-26 | CA/0713/1999(F) |
Athurigi Arachchige Teslin Wickramasinghe v. Hadira Gamage Agnes Nona, substituted by Jayakody Mudiyanselage Ranasinghe & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition – Preliminary survey – Lots claimed by added defendants – Corpus – Inclusion/exclusion of portions of land – Investigation of title – Separate possession – Devolution of title – Partition decree. | Partition Law No.21 of 1977; principles governing investigation of title and identification of corpus in partition proceedings. | Download |
| 2016-11-25 | CA/WRT/0347/2012 |
Lakshman Dharmapriya Perera Samaraweera Gunathilake v. Secretary, Ministry of Labour & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari and Mandamus – Employment – Labour Tribunal award of Rs.900,000 – Employer company already subject to winding-up proceedings – Tribunal proceedings commenced/continued without leave of winding-up court – Lack of jurisdiction – Employee seeking enforcement through Labour Department – EPF dues – Statutory prohibition against proceedings against company after winding-up order/provisional liquidator – Suppression of material fact concerning commencement of winding-up – Writ relief unavailable. Deepali Wijesundera J. sat on the bench. | Constitution – Articles 140 and 143; Companies Act No. 17 of 1982 – section 264; Employees’ Provident Fund legislation as referred to in the judgment. | Download |
| 2016-11-25 | CA/1334/1999 |
D.G. Manike and substituted Defendant-Appellants v. W.P. Jayathilake and substituted Plaintiff-Respondents
View More |
Hon. P.R. Walgama, J | Declaration of title – Ejectment – Competing pedigrees – Plaintiff tracing title through series of deeds from original owner – Defendant claiming title through separate pedigree and prescription – Plaintiff also relying on possession exceeding ten years – Identification of corpus – Permissive occupation – Burden on plaintiff to establish title – Appellate review of District Court judgment entered for plaintiff. | Prescription principles relating to ten-year adverse possession; general civil law governing declaration of title and ejectment. No specific statutory section is identified in the extracted portion. | Download |
| 2016-11-25 | CA/WRT/1413/2006 |
Archbishop of Colombo v. Minister of Education & Others
View More |
Hon. L.U. Jayasuriya, J | Writ of Prohibition – Former Roman Catholic school property – Property originally vested in State for school administration – Subsequent relocation of upper-school classes – Divesting order published in Gazette – Minister later seeking to cancel/revoke divesting order – Whether statutory power to issue an order includes power to revoke it – Interpretation Ordinance – Alleged misrepresentation in obtaining divesting order – Scope of ministerial power to rescind administrative order. | Constitution – Article 140; Assisted Schools and Training Colleges (Special Provisions) Act No. 5 of 1961, as amended; judgment also refers to Act No. 8 of 1961 when discussing divesting power; Interpretation Ordinance – section 18. | Download |
| 2016-11-25 | CA/WRT/0347/2012 |
Lakshman Dharmapriya Perera Samaraweera Gunathilake v. Secretary, Ministry of Labour & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari and Mandamus – Labour Tribunal award – Employer company under liquidation – Compensation of Rs.900,000 – Winding-up proceedings commenced before Labour Tribunal award – Jurisdiction of Labour Tribunal – Bar against proceedings following winding-up – EPF recovery – Suppression of material fact. | Constitution – Articles 140 and 143 as pleaded; Companies Act No. 17 of 1982 – section 264; Employees’ Provident Fund Act; Labour Tribunal law. | Download |
| 2016-11-25 | CA/WRT/0347/2012 |
Lakshman Dharmapriya Perera Samaraweera Gunathilake v. Secretary, Ministry of Labour & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari and Mandamus – Labour Tribunal award – Employer company under liquidation – Compensation of Rs.900,000 – Winding-up proceedings commenced before Labour Tribunal award – Jurisdiction of Labour Tribunal – Bar against proceedings following winding-up – EPF recovery – Suppression of material fact. | Constitution – Articles 140 and 143 as pleaded; Companies Act No. 17 of 1982 – section 264; Employees’ Provident Fund Act; Labour Tribunal law. | Download |
| 2016-11-25 | CA/WRT/1413/2006 |
Archbishop of Colombo v. Hon. Akila Viraj Kariyawasam, Minister of Education & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari, Prohibition and Mandamus – School property – Pamunuvila Roman Catholic Mixed School – Land vested in State for school administration – Subsequent divesting order – Attempt to cancel/revoke divesting order – Ownership – Assisted school property – Government school administration. | Constitution – Article 140; Assisted Schools and Training Colleges (Special Provisions) Act No.5 of 1961, as amended; statutory framework governing vesting/divesting of school property. | Download |
| 2016-11-25 | CA/1334/1999(F) |
D.G. Manike / substituted Defendants-Appellants v. W.P. Jayathilake / substituted Plaintiffs-Respondents
View More |
Hon. P.R. Walgama, J | Declaration of title – Ejectment – Chain of title – Title deeds – Defendant challenging plaintiff’s title – District Court judgment in favour of plaintiff – Appellate review of documentary title – Appeal dismissed. The document expressly states “CA-1334/99/(F) – JUDGMENT – 25.11.2016.” | Evidence Ordinance; civil/property law governing proof of title, deeds and ejectment. | Download |
| 2016-11-24 | CA/0522/1999 |
Witharana Balahamy & Jayasinghe Gunadasa v. Wijayasundera Pathirana Arachchige Gnanasena & Others
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title – Ejectment – Plaintiff required to establish ownership – Defendants disputing plaintiff’s title and asserting prescription – Elements of vindicatory action – Burden of proving title – Prescriptive possession – Identification and devolution of title – Rights of co-heirs – District Court determination challenged. | Prescription Ordinance; Roman-Dutch law principles governing rei vindicatio and burden of proof of ownership. | Download |
| 2016-11-24 | CA/0522/1999(F) |
Witharana Balahamy & Jayasinghe Gunadasa v. Wijayasundera Pathirana Arachchige Gnanasena & Others
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title – Ejectment – Kethikanadeniya Owita – Intestate succession – Plaintiff required to establish title – Defendants denying plaintiff’s title – Prescriptive title – Burden of proof in vindicatory action – Forcible occupation. | Prescription Ordinance; principles governing rei vindicatio, proof of title and prescription. | Download |
| 2016-11-23 | CA/PHC/0010/2005 |
Dr. Don Chandradasa Dolawatta v. Doigu Singholage Sarath Prasanna
View More |
Hon. L.T.B. Dehideniya, J | Criminal revision appeal – Grievous hurt – Magistrate acquitting accused – Prosecution evidence containing material contradictions – Prior police statement, medical history and eyewitness evidence inconsistent – Attorney General declining sanction to appeal – Revision sought against acquittal – Revision exists to prevent miscarriage of justice – No basis to disturb acquittal – High Court order affirmed – Appeal dismissed with Rs.10,000 costs. | Penal Code – section 316; revisionary principles governing interference with an acquittal. | Download |
| 2016-11-23 | CA/PHC/0086/2016 |
Warnaklasuriya Jude Ivone Fernando v. Director General, Commission to Investigate Allegation of Bribery or Corruption
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail pending appeal – Convicted accused – Application presented in relation to convicted person – High Court refusing bail for absence of exceptional circumstances – Revisionary jurisdiction – Availability of ordinary appeal – Final order – Revision not substitute for appeal absent exceptional circumstances – Extraordinary jurisdiction – Requirement of miscarriage of justice or manifest error. | Constitution – Article 138; Bribery Act underlying the conviction; criminal appellate and revisionary principles concerning bail to a convicted person pending appeal. | Download |
| 2016-11-23 | CA/PHC/APN/0128/2015 |
Nirosh Amantha Amadoru v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Dishonoured cheques/misappropriation – Trial in absentia – Magistrate’s sentence – High Court sitting in appeal varying punishment – Compensation of Rs.800,000 on each count – Default imprisonment – Appellate court cannot impose punishment exceeding what court of first instance could lawfully impose – Excessive default term – High Court judgment set aside – Magistrate’s sentence restored. | Debt Recovery (Special Provisions) Act No. 2 of 1990, as amended by Act No. 4 of 1994 – section 25(1)(D); Penal Code – section 391; Code of Criminal Procedure Act – section 328 and provisions governing default imprisonment. | Download |
| 2016-11-23 | CA/PHC/APN/0128/2015 |
Nirosh Amantha Amadoru v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Dishonoured cheques – Misappropriation – Trial in absentia – High Court appeal – Compensation exceeding statutory maximum – Default imprisonment – Appellate court cannot impose sentence greater than court of first instance could impose – High Court judgment set aside – Magistrate’s original sentence restored. | Debt Recovery (Special Provisions) Act No.2 of 1990 – section 25(1)(d); Penal Code – section 391; Code of Criminal Procedure Act – sections 17(7) and 291. | Download |
| 2016-11-23 | CA/PHC/0010/2005 |
Dr. Don Chandradasa Dolawatta v. Doigu Singholage Sarath Prasanna
View More |
Hon. L.T.B. Dehideniya, J | Grievous hurt – Acquittal by Magistrate – Revision after Attorney General refused leave to appeal – Contradictions in complainant’s evidence – Medical history – Roadway dispute – Criminal proceedings cannot determine civil right of way – Revision against acquittal. | Penal Code – section 316; Primary Courts’ Procedure Act – section 66; criminal revision principles. | Download |
| 2016-11-23 | CA/PHC/0010/2005 |
Dr. Don Chandradasa Dolawatta v. Doigu Singholage Sarath Prasanna
View More |
Hon. L.T.B. Dehideniya, J | Grievous hurt – Acquittal by Magistrate – Revision after Attorney General refused leave to appeal – Contradictions in complainant’s evidence – Medical history – Roadway dispute – Criminal proceedings cannot determine civil right of way – Revision against acquittal. | Penal Code – section 316; Primary Courts’ Procedure Act – section 66; criminal revision principles. | Download |
| 2016-11-23 | CA/PHC/0010/2005 |
Dr. Don Chandradasa Dolawatta v. Doigu Singholage Sarath Prasanna
View More |
Hon. L.T.B. Dehideniya, J | Grievous hurt – Acquittal by Magistrate – Revision after Attorney General refused leave to appeal – Contradictions in complainant’s evidence – Medical history – Roadway dispute – Criminal proceedings cannot determine civil right of way – Revision against acquittal. | Penal Code – section 316; Primary Courts’ Procedure Act – section 66; criminal revision principles. | Download |
| 2016-11-23 | CA/PHC/0010/2005 |
Dr. Don Chandradasa Dolawatta v. Doigu Singholage Sarath Prasanna
View More |
Hon. L.T.B. Dehideniya, J | Grievous hurt – Acquittal by Magistrate – Revision after Attorney General refused leave to appeal – Contradictions in complainant’s evidence – Medical history – Roadway dispute – Criminal proceedings cannot determine civil right of way – Revision against acquittal. | Penal Code – section 316; Primary Courts’ Procedure Act – section 66; criminal revision principles. | Download |
| 2016-11-23 | CA/PHC/0086/2016 |
Warnaklasuriya Jude Ivone Fernando v. Director General, Commission to Investigate Allegations of Bribery or Corruption
View More |
Hon. L.T.B. Dehideniya, J | Bail pending appeal – Convicted prisoner – Bribery – Third-party application for bail – Locus standi – Petitioner related by marriage to accused – Availability of appeal against refusal of bail – Exceptional circumstances – Revisionary jurisdiction. | Constitution – Article 138; Code of Criminal Procedure; principles governing bail pending appeal, revision and locus standi. | Download |
| 2016-11-22 | CA/0731-0731A/1997 |
Jawarange Shoroma Priyadarshani & Others v. Jawarange Siyadoris & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition action – Statement of claim – Failure to annex pedigree – Whether non-compliance is fatal – Statutory requirement interpreted as directory rather than invariably mandatory – Court’s inherent power to cure procedural defect – Partition action sui generis – Duty to investigate title independently – Rights in rem – Court should not allow technical omission to prevent investigation of competing title – Interlocutory decree and proper investigation of title. | Partition Law No. 21 of 1977 – sections 19(1), 25 and 79; provisions corresponding to sections 4–7 concerning procedural compliance; principles of inherent jurisdiction and investigation of title. | Download |
| 2016-11-22 | CA/PHC/0009/2005 |
Ranjith Hewawitharana & Ronald Ashoka Hewawitharana v. Warnakula Patabendige Rukshan Anthony Perera & Officer in Charge, Police Station Wattala
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Possession – Magistrate’s order – Indefinite status quo order – Security/bond – Persons who were not parties also ordered to enter bonds – Scope of Magistrate’s powers – Section 70 permits directions concerning security for possession but not indefinite maintenance of status quo – Order against non-parties without hearing violates natural justice – High Court correctly removed unlawful conditions – Appeal dismissed. | Primary Courts’ Procedure Act No. 44 of 1979 – Part VII, including sections 66 and 70; principles of natural justice. | Download |
| 2016-11-22 | CA/PHC/0111/2013 |
R.M. Gamini Ekanayaka v. Head Quarters Inspector of Police, Mawathagama, W.M. Chandrawathie Podimanike & Others
View More |
Hon. H.C.J. Madawala, J | Primary Court proceedings – Road dispute – Parties agreeing to site inspection – Magistrate recognizing two-foot footpath – Revision refused by Provincial High Court for absence of exceptional circumstances – Preliminary objection – Vital journal entry evidencing parties’ consent omitted from Court of Appeal record – Mandatory appellate procedural rules – Failure to annex material document – Non-compliance fatal to appeal. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(a) and 69; Court of Appeal (Appellate Procedure) Rules 1990 – Rules 3(1)(a) and 3(1)(b); Constitution – Article 154P(6). | Download |
| 2016-11-22 | CA/1136/1998 |
Chandra Gunasekara v. Madduma Bandara Dodanwela / Sujeewa Dodanwela
View More |
Hon. L.T.B. Dehideniya, J | Civil appeal – Lease of State land – Milk booth constructed by plaintiff with permission – Licensee placed in occupation – Defendant claiming through deceased licensee – Ejectment – Right of lessee to possession – Possessory action distinguished from vindicatory action – Earlier peaceful possession – Lessee/licensee estopped from denying title of person from whom possession was obtained – Defendant could not acquire tenancy merely through relationship with licensee – Primary Court possession order not determinative of civil entitlement. | Evidence Ordinance – section 116; Primary Courts’ Procedure Act – section 66; principles of lease, licence, estoppel and ejectment. | Download |
| 2016-11-22 | CA/WRT/0144/2013 |
Seemasahitha Lankeeya Cinema Shilpeenge Sandhanaya & Others v. National Film Corporation of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Film industry – Distribution/exhibition of local films – Rule limiting first exhibition to 35 copies – Ministerial approval – Acting Minister subsequently exempting films whose production had commenced before 1 January 2013 – Certiorari, Prohibition and Mandamus – Whether administrative correspondence constituted a rule validly made under statute – Petitioners’ legal premise rejected – No basis for writ relief – Application dismissed without costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; National Film Corporation of Sri Lanka Act – sections 60(1) and 60(2). | Download |
| 2016-11-22 | CA/0731/1997(F) & CA/0731A/1997(F) |
Jawarange Shoroma Priyadarshani, Jawarange Susantha Padmasiri & Jawarange Nishantha Samaraweera v. Jawarange Sitha Mallika & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition action – Statement of claim – Failure to file pedigree – Whether omission is fatal – Duty of court to investigate title – Devolution of title – Substitution following death – Consequences of procedural non-compliance – Separate connected appeals heard together. | Partition Law No. 21 of 1977 – section 19(1), as amended; statutory duty to investigate title in partition proceedings. | Download |
| 2016-11-22 | CA/PHC/0009/2005 |
Ranjith Hewawitharana & Ronald Ashoka Hewawitharana v. Warnakula Patabendige Rukshan Anthony Perera & Officer in Charge, Wattala Police Station
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Possession – Section 66 information – Status quo order – Security bond of Rs.1 million – Magistrate’s powers – Orders against persons who were not parties – Natural justice – High Court revision. | Primary Courts’ Procedure Act No.44 of 1979 – sections 66 and 70; principles of natural justice. | Download |
| 2016-11-22 | CA/PHC/0111/2013 |
R.M. Gamini Ekanayaka v. Head Quarters Inspector of Police, Mawathagama; W.M. Chandrawathie Podimanike & Others
View More |
Hon. H.C.J. Madawala, J | Primary Court proceedings – Appeal following revision – Parties agreeing to abide by court determination – Right of appeal – Maintainability – Preliminary objection – Court of Appeal procedural rules – Failure to file necessary documents – Appeal dismissed. | Constitution – Article 154P(6); Court of Appeal from High Court Rules 1998 – Rule 2(1); Court of Appeal Appellate Procedure Rules – Rules 3(1)(a) and 3(1)(b). | Download |
| 2016-11-22 | CA/1136/1998(F) |
Chandra Gunasekara v. Madduma Bandara Dodanwela / Sujeewa Dodanwela
View More |
Hon. L.T.B. Dehideniya, J | District Court appeal – Milk booth on State land – Lessee – Licensee – Ejectment – Right to possession under lease – Defendant claiming through former licensee – Estoppel against licensee disputing landlord’s title – Primary Court section 66 order – Declaration of right to possession. | Evidence Ordinance – section 116; Primary Courts’ Procedure Act – section 66; law governing leases, licences and ejectment. | Download |
| 2016-11-22 | CA/WRT/0144/2013 |
Seemasahitha Lankeeya Cinema Shilpeenge Sandhanaya & Others v. National Film Corporation of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Film industry – National Film Corporation – Film Directors Guild – Certiorari, Mandamus and Prohibition – Acting Minister’s decision – Rules issued by National Film Corporation – Petitioners seeking enforcement of NFC rules and chairman’s earlier decision – Administrative decision relating to film industry. | Constitution – Article 140; rules and regulatory framework of the National Film Corporation of Sri Lanka. | Download |
| 2016-11-21 | CA/WRT/0227/2014 |
Shantha Ranawana, Proprietor, Inter Freight Forwarding Service v. Commissioner General of Labour & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Prohibition – Termination of employment – Labour inquiry – Whether employee’s service had been unlawfully terminated – Commissioner of Labour – Inquiry officer – Evidence and procedure – Judicial review of labour determination. | Constitution – Article 140; Termination of Employment of Workmen legislation and applicable labour-law framework. | Download |
| 2016-11-18 | CA/0232/2014 |
Dayasiri Edirisuriya v. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Murder – Single stab injury – Accused intoxicated – Daughter as sole eyewitness – Claim of sudden provocation – Claim for lesser culpability – No evidence establishing sudden provocation – Argument that single stab may indicate absence of murderous intention – Murder distinguished from culpable homicide not amounting to murder – Evaluation of intention and knowledge. S. Devika de L. Tennekoon J. sat on the bench. | Penal Code – murder and culpable homicide provisions, including principles concerning sudden provocation; Code of Criminal Procedure Act No. 15 of 1979 – section 331. | Download |
| 2016-11-18 | CA/WRT/0163/2013 |
M.S. Sithy Jawahira & M.A.M. Riyas v. Minister of Land and Land Development & Others
View More |
Hon. Vijith K. Malalgoda, PC, J | Land acquisition – Acquisition of properties at Hirimbura Cross Road, Galle – Certiorari against section 38(a) order – Mandamus seeking divesting – Failure allegedly to disclose specific public purpose – Urgency – Urban-development acquisition – Compensation – Petitioners relying on requirement that public purpose be disclosed – Three related applications heard together and determined by a single judgment. | Constitution – Article 140; Land Acquisition Act – sections 2, 7, 17 and 38(a); Land Acquisition (Amendment) Act No. 28 of 1964. | Download |
| 2016-11-18 | CA/WRT/0164/2013 |
Mohomed Jaleel Samsuluha, Mohamed Jaleel Nooml Fareesa, Abdul Hameed Sithy Sanooba, Abdul Hameed Pathumma, Abdul Carder Sithi Pathumma & Mohamed Haniffa Fathumme Hanoon v. Minister of Land and Land Development & Others
View More |
Hon. Vijith K. Malalgoda, PC, J | Land acquisition – Certiorari – Several lots in Preliminary Plan PPG 3314 – Immediate possession under section 38(a) – Alleged non-disclosure of public purpose – Petitioners challenging arbitrary/unreasonable acquisition and absence of urgency – Negotiations regarding compensation, replacement housing and commercial premises – Related applications heard together. | Constitution – Article 140; Land Acquisition Act – sections 2, 7, 17 and 38(a); Land Acquisition (Amendment) Act No. 28 of 1964. | Download |
| 2016-11-18 | CA/WRT/0166/2013 |
Mohomed Mushin Khairul Bareeya, Mohamal Ilyas & Mohideen Bawa Sithy Nabeesa v. Minister of Land and Land Development & Others
View More |
Hon. Vijith K. Malalgoda, PC, J | Land acquisition – Certiorari and Mandamus – Acquisition of properties for urban-development purpose – Public-purpose requirement – Section 2 notice – Order for immediate possession – Alleged absence of urgency – Compensation deposited for acquired lands – Reliance on Supreme Court authority requiring disclosure of public purpose – One judgment delivered for applications 163, 164 and 166 of 2013. | Constitution – Article 140; Land Acquisition Act – sections 2, 7, 17 and 38(a); Land Acquisition (Amendment) Act No. 28 of 1964. | Download |
| 2016-11-18 | CA/0080/2013 |
Arambe Wiyannalage Thilakaratne v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Murder – Death sentence – Circumstantial evidence – Wife found murdered – Recovery of bloodstained mamoty following accused’s statement – Human hair comparison – Exclusive knowledge – Conduct of accused – Chain of circumstantial evidence – Appeal against capital conviction. | Penal Code – sections 294 and 296; Code of Criminal Procedure Act No. 15 of 1979 – section 331. | Download |
| 2016-11-18 | CA/0232/2014 |
Dayasiri Edirisuriya v. Attorney General
View More |
Hon. P.R. Walgama, J | Murder – Single stab wound – Accused intoxicated – Sole eyewitness – Claim of sudden provocation – Murderous intention versus knowledge – Culpable homicide not amounting to murder – Lesser culpability – Appeal against death sentence. The document expressly states “JUDGMENT – 18.11.2016.” | Penal Code – sections 294, 296 and provisions governing culpable homicide; Code of Criminal Procedure Act – section 331. | Download |
| 2016-11-17 | CA/WRT/0069/2012 |
Gamarallage Somawathie & 3 Others v. Divisional Secretary, Ruwanwella & Others
View More |
Hon. M.M.A. Gaffoor, J | Certiorari and Prohibition – Certificate filed in Magistrate’s Court – Subsequent judicial ejectment order – Impugned administrative certificate no longer operative after supervening court order – Certiorari lies only against a decision producing legal or civil consequences – Prohibition unavailable to prevent public officers from acting pursuant to a valid subsisting judicial order – Fiscal not made party – Application dismissed. | Constitution – Article 140; principles governing prerogative writs of Certiorari and Prohibition and enforcement of a subsisting Magistrate’s Court ejectment order. | Download |
| 2016-11-17 | CA/WRT/0069/2012 |
Gamarallage Somawathie & Others v. Divisional Secretary, Ruwanwella & Others
View More |
Hon. M.M.A. Gaffoor, J | Certiorari and Prohibition – State-land ejectment proceedings – Certificate filed in Magistrate’s Court – Subsequent judicial ejectment order – Certiorari cannot issue against certificate once superseded by judicial order – Prohibition cannot restrain implementation of valid judicial order – Fiscal not joined as party. | Constitution – Article 140; State Lands recovery framework; principles governing Certiorari and Prohibition. | Download |
| 2016-11-16 | CA/WRT/0239/2016 |
Vinitha Malkanthi Hulangamuwa v. Aluthge Dona Silawathi & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Debt Conciliation Board – Property transaction – Petitioner claiming to be bona fide purchaser – Original owner asserting transaction was a mortgage rather than an outright transfer – Allegation that intermediary transferee was fictitious – Two deeds executed within short interval for same consideration – Failure to call alleged vendor as witness – Debt Conciliation Board’s evaluation of evidence upheld – Court finding no reason to interfere – Notices refused and application dismissed. S. Thurairaja J. agreed. | Writ jurisdiction under Article 140 of the Constitution; statutory Debt Conciliation Board framework. The short judgment does not identify a specific statutory section. | Download |
| 2016-11-16 | CA/WRT/0651/2011 |
Sri Lanka Medical Council v. Secretary, Ministry of Finance and Planning and Economic Development & Others
View More |
Hon. A.H.M.D. Nawaz, J | Certiorari and Prohibition – Sri Lanka Medical Council – Circular categorizing Council as a public enterprise – Retirement-age circular – Corporate body – Locus standi – Chairman/deponent asserting authority to litigate without producing resolution, motion, joint affidavit or other proof of authorization – Legal entity must act through properly authorized agent – Preliminary objection upheld – Application dismissed without reaching merits. P. Padman Surasena J. agreed. | Constitution – Article 140; Medical Ordinance and amendments governing the Sri Lanka Medical Council; principles concerning corporate authorization and locus standi. | Download |
| 2016-11-16 | CA/WRT/0651/2011 |
Sri Lanka Medical Council v. Secretary, Ministry of Finance and Planning and Economic Development & Others
View More |
Hon. A.H.M.D. Nawaz, J | Certiorari and Prohibition – Sri Lanka Medical Council – Circular categorising Council as public enterprise – Retirement age – Corporate body – Authority of deponent – Chairman claiming authority to institute proceedings – Failure to produce proper authorization – Locus standi – Preliminary objection – Application dismissed. | Constitution – Article 140; Medical Ordinance; principles governing corporate authorization and locus standi in writ proceedings. | Download |
| 2016-11-16 | CA/WRT/0651/2011 |
Sri Lanka Medical Council v. Secretary, Ministry of Finance and Planning and Economic Development & Others
View More |
Hon. A.H.M.D. Nawaz, J | Certiorari and Prohibition – Sri Lanka Medical Council – Circular categorising Council as public enterprise – Retirement age – Corporate body – Authority of deponent – Chairman claiming authority to institute proceedings – Failure to produce proper authorization – Locus standi – Preliminary objection – Application dismissed. | Constitution – Article 140; Medical Ordinance; principles governing corporate authorization and locus standi in writ proceedings. | Download |
| 2016-11-16 | CA/WRT/0651/2011 |
Sri Lanka Medical Council v. Secretary, Ministry of Finance and Planning and Economic Development & Others
View More |
Hon. A.H.M.D. Nawaz, J | Certiorari and Prohibition – Sri Lanka Medical Council – Circular categorising Council as public enterprise – Retirement age – Corporate body – Authority of deponent – Chairman claiming authority to institute proceedings – Failure to produce proper authorization – Locus standi – Preliminary objection – Application dismissed. | Constitution – Article 140; Medical Ordinance; principles governing corporate authorization and locus standi in writ proceedings. | Download |
| 2016-11-16 | CA/WRT/0239/2016 |
Vinitha Malkanthi Hulangamuwa v. Aluthge Dona Silawathi & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Debt Conciliation Board – Alleged outright sale versus mortgage – Bona fide purchaser – Two deeds for same consideration – Evidence of original owner – Board finding transactions were mortgages – Judicial review of factual findings – Notices refused – Application dismissed. | Constitution – Article 140; Debt Conciliation legislation governing determination whether transactions constitute mortgages. | Download |
| 2016-11-15 | CA/0230-0231/2007 |
Lalith Kumara Amarasiri Silva & Mohomad Sahir Rasak v. Attorney General
View More |
Hon. S. Thurairaja, PC, J | Criminal appeal – Bribery – Police officers – Soliciting and accepting Rs.5,000 gratification at checkpoint – Aiding and abetting – Identification evidence – Identification parade for second accused – Challenge to alleged dock identification of first accused – Witness had substantial opportunity for observation – Trial judge considered prosecution and defence holistically – Compliance with requirements of criminal judgment – Sentences not illegal or improper – Convictions sustained. | Bribery Act – sections 19(c), 25(2) and 26; Code of Criminal Procedure Act No. 15 of 1979 – sections 283(1) and 331. | Download |
| 2016-11-15 | CA/PHC/0076/2009 |
K.G.A.N. Kumara, Authorized Officer under the Food Act v. K.T.A.S. Perera, Adamjee Lukmanjee & Sons Ltd. & Others
View More |
Hon. L.T.B. Dehideniya, J | Food Act prosecution – Government Analyst withdrawing first adverse report and submitting second non-adverse report – High Court acquittal – Appeal on questions of law – Mandatory procedural requirements – Petition did not contain Attorney-at-Law certificate that questions of law were fit for adjudication – Signature of Attorney-at-Law alone insufficient – Non-compliance with appellate rules fatal – Preliminary objection upheld – Appeal dismissed. | Food Act; Court of Appeal (Procedure for Appeals from High Courts established by Article 154P of the Constitution) Rules, 1988 – Rule 4(2). | Download |
| 2016-11-15 | CA/0122/2015 |
Udagedara Hewaga Justin alias Kumarasinghe v. Attorney General
View More |
Hon. S. Thurairaja, PC, J | Double murder – Circumstantial evidence – Accused finding wife with another man – Grave and sudden provocation – Two separate episodes – Failure to exclude third-party perpetrator – Trial Judge imposing one sentence for two murder counts – Evaluation of chain of circumstances. | Penal Code – section 296 and law relating to grave and sudden provocation; Code of Criminal Procedure Act No.15 of 1979 – section 331. | Download |
| 2016-11-15 | CA/0230-0231/2007 |
Lalith Kumara Amarasiri Silva & Mohomad Sahir Rasak v. Attorney General
View More |
Hon. S. Thurairaja, PC, J | Bribery – Police officer soliciting and accepting Rs.5,000 – Aiding and abetting – Identification – Defence evidence – Compliance with sentencing procedure – Convictions under Bribery Act – Appeal against conviction and sentence. | Bribery Act – sections 19(c), 25(2) and 26; Code of Criminal Procedure Act No.15 of 1979 – section 283(1). | Download |
| 2016-11-11 | CA/WRT/0333/2016 |
Galapaththi Arachchi Nihal Nandasiri & 2 Others v. Galapaththi Arachchige Ajith Indrasiri & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – State land grant – Succession – Original grantee attempting to divide land among children but dying before completion – Widow succeeding to life interest – No nominated successor – Eldest brother selected for grant – Petitioners arguing ordinary grant rather than permit succession provisions applied – Grant expressly made under Land Development Ordinance – Statutory succession governed by sections 68 and 72 and First Schedule – Authorities acted within statutory powers – Notice refused – Application dismissed. | Land Development Ordinance – sections 19(4), 68 and 72 read with the First Schedule; Constitution – Article 140. | Download |
| 2016-11-11 | CA/0137/2015 |
Mohommed Amza Mohommed Roshan alias Nana v. Attorney General
View More |
Hon. S. Devika de Livera Tennekoon, J | Criminal appeal – Kidnapping child under 14 – Grave sexual abuse of eight-year-old boy – Convictions not challenged at appeal – Appeal confined to sentence – Mandatory minimum sentence – Constitutional separation of judicial power – Proportionality and sentencing – Protection of children – Aggravating nature of sexual offence against child – Deterrence and public interest in sentencing. P.R. Walgama J. sat on the bench. | Penal Code – sections 354 and 365B(2)(b), as amended by Act No. 22 of 1995 and Act No. 29 of 1998; Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Constitution – Article 4(c). | Download |
| 2016-11-11 | CA/PHC/0003/2016 |
M. Roshan Dilruk Fernando v. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Sentence – Abduction and rape of girl below 16 – Guilty plea – Mandatory minimum punishment – Revision used despite availability of ordinary appeal – Exceptional circumstances – Judicial discretion to impose sentence below statutory minimum recognized but not warranted on facts – Accused relying on subsequent purported marriage to prosecutrix – Existing earlier marriage – Claimed marriage treated as attempt to obtain leniency – Revisionary jurisdiction. | Constitution – Article 138; Penal Code – sections 354 and 364(2)(e), as amended, including by Act Nos. 22 of 1995, 29 of 1998 and 16 of 2006. | Download |
| 2016-11-11 | CA/WRT/0333/2016 |
Galapaththi Arachchi Nihal Nandasiri & Others v. Galapaththi Arachchige Ajith Indrasiri & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | State-land succession – Grant under Land Development Ordinance – Original grantee dying without completing division of holding – Surviving spouse obtaining life interest – Succession after spouse’s death – Eldest son – Absence of nominated successor – Statutory order of succession – Notices refused. | Land Development Ordinance – sections 19(4), 68 and 72 read with the First Schedule; Constitution – Article 140. | Download |
| 2016-11-11 | CA/0137/2015 |
Mohommed Amza Mohommed Roshan alias Nana v. Attorney General
View More |
Hon. S. Devika de Livera Tennekoon, J | Kidnapping of minor – Grave sexual abuse – Eight-year-old victim – Credibility of child witness – Prompt complaint – Alleged fabrication due to prior grudge – Dock statement – Appeal against conviction and sentence. | Penal Code – sections 354 and 365B(2)(b), as amended by Acts Nos. 22 of 1995 and 29 of 1998; Code of Criminal Procedure Act No. 15 of 1979 – section 331(1). | Download |
| 2016-11-11 | CA/PHC/0003/2016 |
M. Roshan Dilruk Fernando v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Abduction – Rape of girl under 16 – Guilty plea – Sentence – Failure to use available right of appeal – Exceptional circumstances – Delay – Extraordinary revisionary jurisdiction – Miscarriage of justice. | Penal Code – sections 354 and 364(2)(e), as amended by Acts Nos.22 of 1995, 29 of 1998 and 16 of 2006; Constitution – Article 138. | Download |
| 2016-11-10 | CA/WRT/0042/2012 |
Rajapaksha Pedige Sunil Santha v. Divisional Secretary, Giribawa & Others
View More |
Hon. A.H.M.D. Nawaz, J | Writ – State land grants – Succession – Nomination of successor – Three grants – Competing nominations – Dispute whether later nominee was legally qualified successor/son of original grantee – Serious challenge to birth certificate and parentage – Statutory authorities required to conduct proper inquiry before recognizing nomination – Administrative discretion under land-alienation statute – Certiorari granted quashing appointment of 4th respondent as grantee – Existing possession preserved pending lawful inquiry – Mandamus refused. | Constitution – Article 140; Land Development Ordinance No. 19 of 1935 – sections 19(4), 51, 52(4), 53, 54, 72 and 75. | Download |
| 2016-11-10 | CA/PHC/0075/2008 |
Pallage Indrasiri v. Hon. Attorney General & Rannulu Chandrasiri De Soyza, Divisional Secretary, Elpitiya
View More |
Hon. L.T.B. Dehideniya, J | State land – Recovery of possession – Quit notice – Ejectment – Prescribed application and affidavit – Strict statutory compliance – Inapplicable wording not deleted from certified copy served on appellant although deleted in original court record – Magistrate overruling objection and ordering ejectment – High Court affirming order – Effect of discrepancy between certified copy and original prescribed forms. | State Lands (Recovery of Possession) Act No. 7 of 1979 – section 5 and statutory prescribed forms relating to quit notices, applications, affidavits and ejectment. | Download |
| 2016-11-10 | CA/WRT/0042/2012 |
Rajapaksha Pedige Sunil Santha v. Divisional Secretary, Giribawa & Others
View More |
Hon. A.H.M.D. Nawaz, J | Certiorari and Mandamus – State land – Three grants – Nomination of successor – Subsequent nomination of another person – Validity of successor nomination – Whether nominee must be a biological child – Registration under Land Development Ordinance – Statutory succession. | Land Development Ordinance No.19 of 1935 – section 19(4) and provisions governing nomination and succession; Constitution – Article 140. | Download |
| 2016-11-10 | CA/PHC/0075/2008 |
Pallage Indrasiri v. Hon. Attorney General & Rannulu Chandrasiri De Soyza, Divisional Secretary, Elpitiya
View More |
Hon. L.T.B. Dehideniya, J | State land – Recovery of possession – Quit notice – Ejectment – Prescribed statutory forms – Certified copy differing from original – Strict compliance with statutory procedure – Whether failure to strike out inapplicable words invalidated proceedings. | State Lands (Recovery of Possession) Act No.7 of 1979, as amended – section 5 and prescribed forms. | Download |
| 2016-11-09 | CA/0091/2012 |
Hon. Attorney General v. Selliah Dharmalingam
View More |
Hon. K.K. Wickramasinghe, J | Appeal by Attorney General against sentence – Rape – Accused pleading guilty – Victim aged 14 – Accused was victim’s uncle and person in position of trust – Two-year imprisonment suspended for eight years – Inadequacy and illegality of sentence – Mandatory sentencing – Compensation. | Penal Code – section 364(2), as amended by Act No. 22 of 1995; Code of Criminal Procedure Act No. 15 of 1979 – section 331. | Download |
| 2016-11-08 | CA/CONTEMPT/0105/2015 |
Don Piyasena Karunaratne v. H.P. Somadasa, Mayor, Municipal Council, Anuradhapura & Others
View More |
Hon. P. Padman Surasena, J | Contempt of Court – Alleged wilful disobedience of earlier High Court and Court of Appeal judgments – Municipal Council house – Earlier judgment determining premises were rented accommodation rather than official quarters – Earlier quit notice quashed – Petitioner later seeking transfer of house to himself – Scope of earlier judicial orders – Earlier judgments did not direct respondents to transfer ownership of house – Requirement of deliberate/wilful disobedience – Conduct complained of considered against terms of prior orders. | Constitution – Article 105(3); contempt jurisdiction of the Court of Appeal. | Download |
| 2016-11-08 | CA/PHC/0132/2013 |
Aluthapola Rathnaloka Thero v. Officer in Charge, Police Station Minuwangoda & Others
View More |
Hon. L.T.B. Dehideniya, J | Provincial High Court appeal – Breach of peace – Buddhist temple – Magistrate prohibiting Viharadhipathi from entering temple and later from entering area – Preventive jurisdiction – Scope of Magistrate’s powers – Section 81 permits order to show cause why bond should not be executed – Section 87 permits execution of bond – Criminal Procedure Code does not empower Magistrate to dispossess person from property merely to prevent breach of peace – High Court revision challenged. H.C.J. Madawala J. sat on the bench. | Code of Criminal Procedure Act No. 15 of 1979 – sections 81 and 87; Provincial High Court appellate/revisionary jurisdiction. | Download |
| 2016-11-08 | CA/WRT/0276/2016 |
K.P.S.M. Lal Pathirana & K.P. Siriyalatha Kalyani v. R.A. Shriyamali Gunawardena & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Debt Conciliation Board – Deed characterized as mortgage rather than transfer – Valuation of property – Petitioners alleging Board had mistaken 2011 valuation for 2001 valuation – Board aware of relevant valuation date – Consideration that value in 2001 substantially exceeded Rs.150,000 stated in deed – Statutory power to treat transaction as mortgage – No basis for writ intervention – Notice refused – Application dismissed. S. Thurairaja PC J. agreed. | Debt Conciliation Ordinance/Act – section 25(1)(A), (B) and (C), as identified in the order; Constitution – Article 140. | Download |
| 2016-11-08 | CA/PHC/APN/0140/2016 |
Tiran P.C. Alles v. Hon. Attorney General
View More |
Hon. H.C.J. Madawala, J | Revision – Remand – Interim relief – Public property – High Court treating remand as rule and bail as exception – Whether property involved fell within statutory definition/public-property regime – Applicability of Bail Act – Medical circumstances – Prior Supreme Court fundamental-rights order – Personal liberty – Prosecution seeking time and not objecting to interim position – High Court remand order suspended – Prison authorities directed to release petitioner subject to appearance before High Court – Notice issued. | Constitution – Article 138; Offences Against Public Property Act No. 12 of 1982 – sections 5(1) and 8 proviso; Bail Act; Penal Code – sections 113B, 102 and 386. | Download |
| 2016-11-08 | CA/CONT/0105/2015 |
Don Piyasena Karunaratne v. H.P. Somadasa, Mayor, Anuradhapura Municipal Council; S.S.M. Sampath Rohana Dharmadasa, Municipal Commissioner & Hon. Attorney General
View More |
Hon. P. Padman Surasena, J | Contempt of Court – Alleged deliberate disregard of earlier High Court and Court of Appeal judgments – Municipal Council premises/house – Whether conduct of Mayor and Municipal Commissioner amounted to contempt – Wilful disobedience – Authority and dignity of court – Personal responsibility for alleged acts. The substantive determination is expressly headed “JUDGMENT.” | Constitution – Article 105(3); law relating to contempt of court. | Download |
| 2016-11-08 | CA/WRT/0276/2016 |
K.P.S.M. Lal Pathirana & K.P. Siriyalatha Kalyani v. R.A. Shriyamali Gunawardena & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Debt Conciliation Board – Deed of transfer alleged to be mortgage – Valuation of property – Whether Board misunderstood valuation year – Consideration stated in deed – Board finding instrument was mortgage rather than outright transfer – Notices refused – Application dismissed. | Debt Conciliation Ordinance/Act – section 25(1)(A), (B) and (C) as referred to in the document; Constitution – Article 140. | Download |
| 2016-11-04 | CA/0274/2009 |
Mohamed Farook Abusally v. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Trial in absentia – Conviction and sentence – Appeal lodged nearly one year later – Preliminary objection that appeal was out of time – Application concerning order under section 241(3) – Whether a right of appeal lies from such an order – De novo proceedings – Procedural finality and appellate jurisdiction. | Code of Criminal Procedure Act No. 15 of 1979 – section 241(3) and provisions governing appeals from criminal convictions/orders, including section 331. | Download |
| 2016-11-04 | CA/WRT/0383/2014 |
Thumpele Gedara Don Antony Wijeratne v. U.P. Indika Anuruddha Piyadasa, Divisional Secretary, Udapalatha & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari, Prohibition and Mandamus – State land – Long occupation by petitioner – Application for permit/long-term lease – Administrative steps extending over several years – Survey and valuation – Road reservation – Earlier officials deciding to allocate approximately 0.0700 hectares – Subsequent Surveyor General’s plan leaving another portion outside allocation – Quit notice issued in respect of disputed portion – Competing interpretations of extent of land intended to be leased – Administrative decision-making concerning State land. | Constitution – Article 140; Government Land Regulation 21(2); State-land administrative framework concerning long-term leases. | Download |
| 2016-11-04 | CA/0274/2009 |
Mohamed Farook Abusally v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Trial in absentia – Application for trial de novo – Appeal lodged out of time – Whether appeal lies from order under section 241(3) – Allocutus – Death sentence – Preliminary objections to maintainability. | Code of Criminal Procedure Act No.15 of 1979 – sections 241(3), 279, 280, 286 and 331. | Download |
| 2016-11-02 | CA/WRT/0141/2014 |
Capt. Duleep Vethavanam & 4 Others v. Telecommunications Regulatory Commission of Sri Lanka & 15 Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Telecommunications – Environmental and planning authorities – Mobile/telecommunications installation – Petitioners seeking withdrawal of application – Respondents seeking taxed costs – Court considering nature of proceedings – Withdrawal allowed – No order for costs. S. Thurairaja PC J. sat on the bench, but the order is delivered by Vijith K. Malalgoda PC J. | The short withdrawal order does not identify or determine any particular statutory provision. | Download |
| 2016-11-02 | CA/WRT/0018/2009 |
E.A.P. Network (Private) Ltd. v. Director General of Customs & Others
View More |
Hon. M.M.A. Gaffoor, J | Writ of Certiorari – Customs duty – Imported tapes containing television programmes – Licence fee paid for right to telecast programmes – Whether intangible intellectual content embodied in physical media constitutes goods/value for customs purposes – False declaration – Declaration made through clearing/forwarding agent – Agent acting for importer – Customs valuation – Computer software and technological material treated as goods when embodied in physical media – Application dismissed with costs. | Constitution – Article 140; Customs Ordinance – sections 51 and 52; Schedule E, including Article 8(1)(c), as amended by Customs (Amendment) Act No. 2 of 2003. | Download |
| 2016-11-02 | CA/WRT/0109/2016 |
Dandeniya Gamage Manuri Wathma Karunarathna v. University Grants Commission
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | University admission – Registration – Petitioner selected to university on 2014 A/L results while also sitting 2015 A/L examination – Whether acceptance/selection itself amounted to registration – University Admissions Handbook clause 6.1 – Distinction between selection, registration and admission – UGC powers – Requirement to submit registration form and fee to complete registration – Eligibility for admission on subsequent A/L results – Statutory authority of UGC admission procedure. | Constitution – Article 140; Universities Act – sections 15(vii) and 29(a); University Admissions Handbook – clause 6.1 and related registration conditions. | Download |
| 2016-11-02 | CA/0231/2009 |
Mahage Sugith Pushpakumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Murder – Death sentence – Eyewitness evidence – Stabbing – Investigating officer deceased before trial – Information Book extracts – Admissibility of investigation notes – Improper admission or rejection of evidence – Cumulative provocation – Dock statement denying offence – Appeal dismissed. | Penal Code – section 296; Evidence Ordinance – section 167; Code of Criminal Procedure Act – section 110(4). | Download |
| 2016-11-02 | CA/WRT/0018/2009 |
E.A.P. Network (Private) Ltd. v. Director General of Customs & Others
View More |
Hon. M.M.A. Gaffoor, J | Certiorari – Customs valuation – Imported tapes containing television programmes – Licence/royalty fees – False declaration – Courier acting as agent – Customs value – Intangible content associated with imported media – Clean hands – Writ dismissed with costs. | Customs Ordinance – sections 51 and 52; Schedule E, Article 8(1)(c), as amended by Customs (Amendment) Act No.2 of 2003; Constitution – Article 140. | Download |
| 2016-11-01 | CA/0987/1998 |
Mohamed Haniffa Mohamed Anwar & 2 Others v. Abdul Samathu & Hathijambu
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title – Ejectment – Family property – Defendants claiming land as nuptial dower – Mother’s evidence that defendants entered with leave and licence – Deed of gift in favour of plaintiffs – Permissive possession – Prescription – Possession originally permissive presumed to continue in same capacity – Burden on party alleging subsequent adverse possession to establish change of character – No evidence of prescriptive possession – District Court judgment affirmed – Appeal dismissed with costs. | Prescription Ordinance – section 3; Primary Courts’/section 66 proceedings are referred to factually in relation to the earlier possession dispute. | Download |
| 2016-11-01 | CA/PHC/APN/0137/2016 |
Applicant-Petitioner-Appellant v. Respondents in H.C. Hambantota H.C.R.A. 08/2012
View More |
Hon. H.C.J. Madawala, J | Revision – State land – Magistrate’s order – Provincial High Court jurisdiction – High Court had dismissed revision on jurisdictional basis – Appellate and revisionary jurisdiction in respect of State-land proceedings – Court holding Provincial High Court has jurisdiction to entertain revision against Magistrate’s order under State-land recovery legislation – High Court order quashed – Revision directed to be accepted and proceeded with – Application allowed. L.T.B. Dehideniya J. agreed. | Constitution – Article 154P(3)(b); State Lands (Recovery of Possession) Act; Provincial High Court revisionary jurisdiction. | Download |
| 2016-11-01 | CA/PHC/0132/2013 |
Aluthapola Rathnaloka Thero v. Officer in Charge, Police Station Minuwangoda & Others
View More |
Hon. L.T.B. Dehideniya, J | Appeal from High Court – Security for keeping the peace – Magistrate preventing Viharadhipathi from entering temple – Scope of Magistrate’s powers – Breach of peace – Bond to keep peace – Magistrate exceeding statutory jurisdiction – Property/possession cannot be taken away under peace-bond proceedings. | Code of Criminal Procedure Act No. 15 of 1979 – sections 81 and 87; Provincial High Court appellate/revisionary jurisdiction. | Download |
| 2016-11-01 | CA/0987/1998 |
Abdul Samathu & Hathijambu v. Mohamed Haniffa Mohamed Anwar, Mohamed Haniffa Mohamed Iqbal & Abdul Lathif Ziard
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Ejectment – Prescriptive title – Permissive possession – Leave and licence – Alleged nuptial dower – Possession by daughter and husband – Whether possession became adverse – Burden of establishing prescription. | Prescription Ordinance – section 3; principles governing rei vindicatio, permissive possession and adverse possession. | Download |
| 2016-10-31 | CA/PHC/0124/2010 |
Weerasuriya Arachchilage Heen Banda & Weerasuriya Arachchilage Karunawathi v. Weerasuriya Arachchilage Tikiri Banda & Officer in Charge, Police Station, Dedigama
View More |
Hon. L.T.B. Dehideniya, J | Provincial High Court appeal – Land dispute – Primary Court proceedings – Identification of disputed land – Partition plan – Title deeds relevant only as supporting evidence of possession – Court not to determine title under section 66 proceedings – Possession on date information filed – Difference between existing possession and forcible dispossession – Two-month rule – Possessory protection available even to trespasser – Appellant’s own police statement supporting respondent’s possession – Grama Niladhari report improperly procured after dispute – Primary Court Judge not permitted to embark on voyage of discovery – High Court finding on possession upheld – Appeal dismissed with Rs.10,000 costs. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66, 68(1) and 68(3). | Download |
| 2016-10-31 | CA/PHC/0124/2010 |
Weerasuriya Arachchilage Heen Banda & Weerasuriya Arachchilage Karunawathi v. Weerasuriya Arachchilage Tikiri Banda & Officer in Charge, Police Station, Dedigama
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Possession – Section 66 information – Partition plan – Identification of disputed lots – Title deeds as supporting evidence only – Court not determining title – Possession on date information filed – High Court revision of Magistrate’s determination. | Primary Courts’ Procedure Act No.44 of 1979 – sections 66 and 68(1); revisionary jurisdiction of the Provincial High Court. | Download |
| 2016-10-29 | CA/RV/1518/2006 |
Piyasena Hapuaratchi v. Bulathsinghala & Others
View More |
Hon. P.R. Walgama, J | Revision – Execution of writ of possession – Fiscal obstruction – Judgment creditor – Third-party possession – Claim of independent title – Prescriptive title – Section 325 inquiry – Whether person not claiming under judgment debtor may be dispossessed. | Civil Procedure Code – section 325; constitutional revisionary jurisdiction; principles relating to execution of decrees, obstruction and independent title. | Download |
| 2016-10-28 | CA/0572/2000 |
Sattambiralalage Don Felix Pinsiri Chandana Aresecularatne v. Madanakonda Achiralalage Don Lucian Anthony Aresecularatne & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition action – Roman-Dutch law – Community of property between spouses – Community of debts – Fiscal sale – Wife’s share liable for husband’s contractual debt – Devolution of title – 1/12 share – Fiscal conveyance of 1861 – District Judge’s erroneous allotment – Separate property reforms – Pre-1876 marriages – Servitude/right to draw water from well – Purpose of partition to terminate inconvenience of co-ownership – Exclusive use of well – Improvements and plantations – Claim before surveyor – Variation of District Court allotments – Appeal allowed to extent of variations. | Roman-Dutch law doctrine of community of property and community of debts; Matrimonial Rights and Inheritance Ordinance No. 15 of 1876 – sections 5 and 8; Married Women’s Property Ordinance No. 18 of 1923 (mentioned as subsequent legislation not governing the historical transaction). | Download |
| 2016-10-28 | CA/0068-0069/2015 |
Mangodage Nandasiri & Mangodage Jayasena v. Hon. Attorney General
View More |
Hon. S. Devika De Livera Tennekoon, J | Criminal appeal – Murder – Death sentence – Common intention – Assault with bricks and rafters – Deceased pelting stones at temple – Deceased apparently intoxicated – Accused called to assist in removing intruder – Accused originally unarmed – Absence of premeditation – Absence of murderous intention – Grave and sudden provocation arising from prosecution evidence – Duty of trial judge to consider mitigatory defence even if not expressly pleaded – Lesser culpability – Murder conviction and death sentence set aside – Conviction substituted for culpable homicide not amounting to murder – Seven years rigorous imprisonment each – Fine – Appeal allowed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331; Penal Code – sections 32, 294, 296 and 297. | Download |
| 2016-10-28 | CA/PHC/APN/0116/2016 |
President, Government Nursing Officers Union, Jaffna Teaching Hospital Branch & Secretary, Government Nursing Officers Union, Jaffna Teaching Hospital Branch v. Sivsnaethan Yamunanatha, Medical Officer in Charge, Out Patient Department, Jaffna Teaching Hospital; Director, Jaffna Teaching Hospital & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Stay order – Trade union action – Strike/walkout – Writs of Certiorari and Mandamus – Interim injunction restraining union action – Amenability to judicial review – Requirement of public legal duty – Trade union as private association rather than public body/state entity – Public impact does not make union a public body – Freedom to form and join trade unions – Statutory recognition of strikes – Doubt whether mandamus can compel union members to work – Interim order partly stayed – High Court directed to proceed with main case. H.C.J. Madawala J. agreed. | Constitution – Article 14(1)(d); Trade Unions Ordinance – sections 2 and 18. The judgment notes that the ICCPR Act appeared in the caption but that the application was not based on it. | Download |
| 2016-10-28 | CA/REV-RESTITUTIO/0185/2013 |
Enderage Don Luxman Ravindranath, through his Power of Attorney W. Ramya Sanjeewani Alwis v. Enderage Don Wansanath Jayananda
View More |
Hon. P.R. Walgama, J | Revision – Restitutio in integrum – District Court settlement – Land dispute between brothers – Mutual admissions as to ownership – Survey plans – Encroachment – Attempt to amend or vacate settlement – Estoppel – Maintainability – Need for specific prayer for restitutio in integrum – Extraordinary remedy – Circumstances justifying restitutio – Fraud – False evidence – Non-disclosure – Force – Fresh evidence – Reasonable and excusable mistake – No sufficient basis established – Application dismissed. | Constitution – Article 138. The judgment principally applies procedural principles governing restitutio in integrum and court settlements. | Download |
| 2016-10-28 | CA/0068-0069/2015 |
Mangodage Nandasiri & Mangodage Jayasena v. Hon. Attorney General
View More |
Hon. S. Devika de Livera Tennekoon, J | Murder – Common intention – Assault with bricks and rafters – Intruder at temple – No premeditation – Grave and sudden provocation – Appellants originally unarmed – Murderous intention – Lesser offence of culpable homicide – Medical evidence – 23 external injuries. | Penal Code – sections 32, 294, 296 and 297; principles of grave and sudden provocation and common intention. | Download |
| 2016-10-28 | CA/0572/2000(F) |
Sattambiralalage Don Felix Pinsiri Chandana Aresecularatne v. Madanakonda Achiralalage Don Lucian Anthony Aresecularatne & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition – Pedigree – Fiscal conveyance – Community of property – Husband’s debt – Wife’s inherited share – Roman-Dutch law – Whether fiscal sale conveyed spouse’s interest – Incorrect allocation of 1/12 share by District Judge. | Roman-Dutch law doctrine of community of property; Partition Law; law relating to fiscal conveyances and devolution of title. | Download |
| 2016-10-28 | CA/RI/0185/2013 |
Enderage Don Luxman Ravindranath v. Enderage Don Wansanath Jayananda
View More |
Hon. P.R. Walgama, J | Revision / Restitutio in Integrum – Settlement entered before District Court – Land dispute between brothers – Terms of settlement – Alleged ambiguity/error in consent terms – Attempt to amend or vacate settlement – Finality of settlement – Extraordinary remedy. | Constitution – Article 138; Civil Procedure Code; principles governing restitutio in integrum, consent settlements and revision. | Download |
| 2016-10-27 | CA/PHC/0132/2002 |
Gurusinghe Arachcchige Diyonis v. M.Y.M. Nawfer, H. Hemachandra, Assistant Commissioner of Agrarian Services, Hambantota & W. Gunaratne, Inquiring Officer, Agrarian Services Department, Hambantota
View More |
Hon. L.T.B. Dehideniya, J | Writ of Certiorari – Agrarian-services inquiry – Second/fresh inquiry – Provincial High Court – Mandatory production of relevant proceedings – Failure to file proceedings of fresh inquiry – High Court unable to assess alleged error – Applicant unable to establish illegality – Duty of writ applicant to place all relevant documents before court – Application bad in law – Appeal dismissed without costs. H.C.J. Madawala J. agreed. | No specific substantive statutory provision is identified in the short judgment. The decision concerns procedural requirements governing a writ of certiorari before the Provincial High Court. | Download |
| 2016-10-27 | CA/PHC/0132/2002 |
Gurusinghe Arachchige Diyonis v. M.Y.M. Nawfer & Others
View More |
Hon. L.T.B. Dehideniya, J | Certiorari – Agrarian inquiry – Fresh/second inquiry – Failure to tender relevant proceedings before Provincial High Court – Mandatory production of relevant documents in writ proceedings – Inability to establish error of High Court – Appeal dismissed without costs. | Constitutional / Provincial High Court writ jurisdiction; principles governing Certiorari and duty to place all material documents before court. | Download |
| 2016-10-27 | CA/0036/2009 |
Welmillage Don Ann Devika Sanjeewani v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Procuration – Withdrawal of criminal appeal – Long delay in proceedings – Request to backdate sentence – Fine and compensation – State consenting subject to immediate payment – Sentence backdated – Appeal dismissed. | Penal Code – section 360(a)(1); Code of Criminal Procedure Act – section 359. | Download |
| 2016-10-25 | CA/0212-0213/2012 |
Junaideen Mohomed Haaris & Pakeer Mohomed Kamaldeen v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Gang rape – Robbery – Murder – Circumstantial evidence – No eyewitness to offences – Victim disappearing after typing class – Body discovered near bridge – Human blood in premises associated with accused – Woman heard screaming – Deceased’s necklace subsequently pawned – Identification of jewellery – Alleged incriminating conversation – Challenge to credibility of witness giving delayed statement – Hostility of witness – Admissibility and probative value of circumstantial evidence – Chain of circumstances – Common intention. | Code of Criminal Procedure Act No. 15 of 1979 – section 331; Penal Code – sections 364(2)(g), 380, 296 and 32; Penal Code (Amendment) Act No. 22 of 1995. | Download |
| 2016-10-25 | CA/0212-0213/2012 |
Junaideen Mohomed Haaris & Pakeer Mohomed Kamaldeen v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Rape – Robbery – Murder – Circumstantial evidence – Human blood at premises – Recovery/evidence relating to jewellery – Absence of eyewitnesses – Evaluation of chain of circumstances – Joint liability – Appeal against High Court convictions. | Penal Code – sections 32, 296, 364(2)(g) and 380; Code of Criminal Procedure Act No.15 of 1979 – section 331. | Download |
| 2016-10-21 | CA/PHC/APN/0080/2016 |
Koruwage Kapila Wasantha v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail – Variation of bail conditions – Three sureties – Close-relative requirement – Inability to provide three close relatives – State having no objection – Condition varied so only one surety need be a close relative – Remaining two sureties need not be relatives – Other bail conditions preserved. H.C.J. Madawala J. agreed. | No specific statutory provision is identified in the short order. | Download |
| 2016-10-21 | CA/PHC/0149/2004 |
Konkaduwa Gamage Sumanasiri v. Hettiarachchige Dharmadasa alias Pemadasa, Hettiarachchige Shantha, Ranasinghege Gnanawathi & Officer in Charge, Police Station, Kolonna
View More |
Hon. P.R. Walgama, J | Provincial High Court appeal – Primary Court land dispute – Tea estate – Breach of peace – Competing claims to possession – Evidence of occupation and cultivation – Relevant two-month period – Magistrate placing first-party respondent in possession – Revision before Provincial High Court – Concurrent findings – No basis for appellate interference – Appeal dismissed without costs. L.T.B. Dehideniya J. agreed. | Constitution – Article 138; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – sections 9 and 10; Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1). | Download |
| 2016-10-21 | CA/PHC/0149/2004 |
Konkaduwa Gamage Sumanasiri v. Hettiarachchige Dharmadasa alias Pemadasa & Others
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Section 66 proceedings – Possession – Magistrate\'s order – Provincial High Court revision – Appeal to Court of Appeal – Competing possession claims – Scope of revisionary jurisdiction. | Constitution – Article 138; High Court of the Provinces (Special Provisions) Act No.19 of 1990 – sections 9 and 10; Primary Courts’ Procedure Act No.44 of 1979 – section 66. | Download |
| 2016-10-20 | CA/0239/2010 |
Mohommed Haneesha Asheen v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Grievous hurt – Sentence – One year rigorous imprisonment – Settlement between parties – Conversion of custodial sentence to non-custodial sentence – Suspended sentence – Five-year suspension period – Compensation to victim – Rs. 100,000 compensation – Payment through High Court – Appeal dismissed without costs subject to settlement. L.U. Jayasuriya J. agreed. | Penal Code – section 317; Code of Criminal Procedure – section 303. | Download |
| 2016-10-20 | CA/0259/2014 |
Siriwardena Gedera Hemachandra v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Soliciting and accepting gratification – Sentencing – Three years rigorous imprisonment on counts 1 and 3 – Request that sentences run concurrently – Backdating sentence to date of conviction – State not objecting – Concurrent sentences – Fine and penalty left undisturbed – Variation of sentence on appeal. K.K. Wickremasinghe J. agreed. | Code of Criminal Procedure – section 359. The short judgment does not expressly identify the substantive statute under which the solicitation/acceptance charges were brought. | Download |
| 2016-10-20 | CA/HC/0036/2009 |
Welmillage Don Ann Devika Sanjeewani v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Procuration – Long-pending appeal – Withdrawal of appeal – Request to backdate sentence – State not objecting subject to payment of fine and compensation – Exercise of appellate sentencing power – Sentence backdated to date of High Court judgment – Other sentences to stand – Appeal withdrawn and dismissed. | Penal Code – section 360(a)(1); Code of Criminal Procedure Act – section 359. | Download |
| 2016-10-20 | CA/0076/2011 |
Maharoof Azeez v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Murder – Assault with wooden plank – Eyewitness testimony – Medical evidence – Credibility of prosecution witnesses – Absence of material contradictions and omissions – Right of private defence – Burden of establishing general exception – Grave and sudden provocation – Objective and subjective tests of provocation – Murderous intention – Appellate interference with findings of fact and credibility – Defence theories assessed against prosecution evidence. | Penal Code – sections 93, 294 and 296; Evidence Ordinance – sections 3 and 105; Constitution – Article 137. | Download |
| 2016-10-20 | CA/0110/2010 |
Mohomed Nimo Siyod Ameen alias Nimo v. Democratic Socialist Republic of Sri Lanka
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Rape – Credibility of prosecutrix – Delayed complaint of more than four months – Promptness and spontaneity – Consistency of testimony – Attendance register contradicting evidence that victim remained away from work – Return to employment with accused after alleged incident – Corroboration – Judicial Medical Officer evidence – Test of probability – Consent as essential ingredient – Reasonable doubt as to absence of consent – Prosecution failing to prove rape beyond reasonable doubt – High Court judgment set aside – Accused acquitted – Appeal allowed. | Code of Criminal Procedure – section 431. The judgment concerns the Penal Code offence of rape, although the extracted judgment text does not expressly identify the Penal Code section number. | Download |
| 2016-10-20 | CA/HC/0036/2009 |
Welmillage Don Ann Devika Sanjeewani v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Procuration – Long-pending appeal – Withdrawal of appeal – Request to backdate sentence – State not objecting subject to payment of fine and compensation – Exercise of appellate sentencing power – Sentence backdated to date of High Court judgment – Other sentences to stand – Appeal withdrawn and dismissed. | Penal Code – section 360(a)(1); Code of Criminal Procedure Act – section 359. | Download |
| 2016-10-20 | CA/0076/2011 |
Maharoof Azeez v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Murder – Assault with wooden plank – Eyewitness testimony – Medical evidence – Credibility of prosecution witnesses – Absence of material contradictions and omissions – Right of private defence – Burden of establishing general exception – Grave and sudden provocation – Objective and subjective tests of provocation – Murderous intention – Appellate interference with findings of fact and credibility – Defence theories assessed against prosecution evidence. | Penal Code – sections 93, 294 and 296; Evidence Ordinance – sections 3 and 105; Constitution – Article 137. | Download |
| 2016-10-20 | CA/0110/2010 |
Mohomed Nimo Siyod Ameen alias Nimo v. Democratic Socialist Republic of Sri Lanka
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Rape – Credibility of prosecutrix – Delayed complaint of more than four months – Promptness and spontaneity – Consistency of testimony – Attendance register contradicting evidence that victim remained away from work – Return to employment with accused after alleged incident – Corroboration – Judicial Medical Officer evidence – Test of probability – Consent as essential ingredient – Reasonable doubt as to absence of consent – Prosecution failing to prove rape beyond reasonable doubt – High Court judgment set aside – Accused acquitted – Appeal allowed. | Code of Criminal Procedure – section 431. The judgment concerns the Penal Code offence of rape, although the extracted judgment text does not expressly identify the Penal Code section number. | Download |
| 2016-10-20 | CA/0239/2010 |
Mohommed Haneesha Asheen v. Hon. Attorney General
View More |
Hon. Deepali Wijesundara, J | Grievous hurt – One year rigorous imprisonment – Settlement – Conversion to non-custodial sentence – Sentence suspended for five years – Compensation of Rs.100,000 to victim – Appeal dismissed subject to settlement. | Penal Code – section 317; Code of Criminal Procedure Act – section 303 governing suspended sentences. | Download |
| 2016-10-20 | CA/0259/2014 |
Siriwardena Gedera Hemachandra v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Bribery – Soliciting and accepting Rs.3,000 – Multiple counts – Three-year rigorous imprisonment – Concurrent sentences – Backdating sentence – Fine and penalty retained – State consenting to variation. | Bribery law relating to solicitation and acceptance of gratification; Code of Criminal Procedure Act – section 359. | Download |
| 2016-10-20 | CA/0076/2011 |
Maharoof Azeez v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Murder – Assault with wooden plank – Seven head injuries – Fracture and brain laceration – Eyewitness evidence – Private defence – Grave and sudden provocation – Burden of proving special exception – Murder versus culpable homicide – Appellate evaluation of substantial prejudice. | Penal Code – sections 93, 294, 296 and provisions relating to culpable homicide; Evidence Ordinance – sections 3 and 105; Constitution – Article 137. | Download |
| 2016-10-20 | CA/0110/2010 |
Mohomed Nimo Siyod Ameen alias Nimo v. Democratic Socialist Republic of Sri Lanka
View More |
Hon. Deepali Wijesundara, J | Rape – Credibility of prosecutrix – Four-month delay in complaint – Pregnancy – Promptness – Consistency – Corroboration – Contradiction in place of occurrence – Attendance register contradicting victim – Evaluation of sole testimony in sexual-offence prosecution. | Penal Code – provisions governing rape; Code of Criminal Procedure Act – section 431 as stated in the appeal; evidentiary principles concerning credibility and corroboration. | Download |
| 2016-10-20 | CA/1205/2000(F) |
Liyanarachchige Heenhamy (Deceased), substituted by Geegana Gamage Kusumawathie & Others v. Jasin Arachchige Karunawathie & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition action – Devolution of title – Shares in corpus – Long possession – Pedigree – Competing claims to portions of land – Proof of title and possession – Appeal from partition judgment. | Civil Procedure Code – section 754(1); Partition Law and principles governing devolution of title and proof of shares in partition proceedings. | Download |
| 2016-10-19 | CA/WRT/0207/2016 |
Ven. Unapana Chandawimala Thero v. Chandraprema Gamage, Commissioner General of Buddhist Affairs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Mandamus – Viharadhipathi – Removal by Mahanayake Thero of Malwatta Chapter – Cancellation of registration – Commissioner of Buddhist Affairs – No decision by respondents removing petitioner – Section 15 inquiry – Writ not maintainable against respondents – Notice refused. | Buddhist Temporalities Ordinance – section 15; Constitution – Article 140. | Download |
| 2016-10-18 | CA/WRT/0110/2013 |
Yakupitiyage Gamini Wijewardana v. Kaduwela Municipal Council, Gamini Gunasekara & Hon. Attorney General
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Allocation of shop in new Kaduwela bus-stand complex – Legitimate expectation – Alleged agreement with former Pradeshiya Sabha Chairman – Public tender procedure – No consideration paid – Petitioner did not submit tender | Download | |
| 2016-10-18 | CA/WRT/0110/2013 |
Yakupitiyage Gamini Wijewardana v. Kaduwela Municipal Council & Others
View More |
Hon. P. Padman Surasena, J | Mandamus – Allocation of shop in new bus stand/shopping complex – Tender procedure – Alleged promise by local authority – Legitimate expectation – Trespasser – Public property – Preference at tender versus direct allocation – Public funds. | Constitution – Article 140; local-authority procurement/tender principles; administrative-law doctrine of legitimate expectation. | Download |
| 2016-10-17 | CA/0103/2011 |
Sesathpura Dewage Jayantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Criminal appeal – Abduction and rape – Twelve years rigorous imprisonment – Five years already spent in remand custody – Accused willing to withdraw appeal if sentence backdated – State not objecting – Sentence backdated to date of conviction – Appeal dismissed subject to variation. L.U. Jayasuriya J. agreed. | Penal Code – sections 354 and 364(2)(d). | Download |
| 2016-10-17 | CA/WRT/0176/2014 |
Rupasinghe Arachchige Don Dayasiri Rupasinghe v. Sri Lanka Standards Institution & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Recruitment and promotion – Sri Lanka Standards Institution – Director posts – Marking scheme changed shortly before interview – M.Sc. in Analytical Chemistry – Petitioner denied 20 marks for postgraduate qualification – Comparable candidates awarded marks – Arbitrary evaluation – Selection and promotion decisions quashed – Director (Laboratory Services), Director (Product Clarification), Director (Metrology) and Director (Scientific Standardization) appointments challenged. | Constitution – Article 140; SLSI recruitment scheme and circular dated 30.12.2013. | Download |
| 2016-10-17 | CA/WRT/0212/2016 |
Ahamed Lebbe Mohamed Mukthar, General Secretary, Sri Lanka Educational Administrative Service Union, Eastern Province v. H.E.M.W.G. Dissanayake, Secretary, Provincial Public Service Commission, Eastern Provincial Council & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ – Zonal Director of Education – Ampara – Service minute – Method of selection stated as Provincial Education Authorities – Provincial Public Service Commission calling applications – Statutory appointing authority – Governor’s power over provincial appointments – Delegation to Provincial Public Service Commission – Statute prevails over petitioner’s construction of service minute – Impugned action followed Provincial Councils Act – Notice refused. S. Thurairaja PC J. agreed. | Provincial Councils Act – sections 32(1), 32(2) and 32(2)(a); Constitution – Article 140. | Download |
| 2016-10-17 | CA/0103/2011 |
Sesathpura Dewage Jayantha Kumara v. Hon. Attorney General
View More |
Hon. Deepali Wijesundara, J | Abduction and rape – Twelve years rigorous imprisonment – Five years already spent in remand – Withdrawal of appeal – Request to backdate sentence – State not objecting – Sentence backdated to date of conviction – Appeal dismissed subject to variation. | Penal Code – sections 354 and 364(2)(d); Code of Criminal Procedure Act – section 359. | Download |
| 2016-10-17 | CA/WRT/0176/2014 |
Rupasinghe Arachchige Don Dayasiri Rupasinghe v. Sri Lanka Standards Institution & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Appointment to post of Director (Technical) – Interview – Marking scheme – Public-sector selection – Qualifications – Legitimate expectation – Administrative decision – Judicial review of recruitment process. The document expressly carries the heading “JUDGMENT.” | Constitution – Article 140; statutory framework governing the Sri Lanka Standards Institution; administrative-law principles governing public appointments, legitimate expectation and fairness. | Download |
| 2016-10-17 | CA/WRT/0212/2016 |
Ahamed Lebbe Mohamed Mukthar, General Secretary, Sri Lanka Educational Administrative Service Union, Eastern Province v. H.E.M.W.G. Dissanayake & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Zonal Director of Education – Provincial public service – Recruitment – Service Minute – Provincial Education Authority – Provincial Public Service Commission – Governor\'s appointment powers – Delegation – Statutory provisions prevailing over service minute – Notice refused. | Provincial Councils Act – section 32(1), 32(2) and 32(2)(a); Constitution – Article 140. | Download |
| 2016-10-14 | CA/0287/1999 (F) |
Gannoruwe Kadegedara Aron & others Vs. Pillegedara Waththa Sirisoma & others
View More |
Hon. S. Devika De Livera Tennekoon, J. | partition action, devolution of title, prescriptive possession, paternity | Download | |
| 2016-10-14 | CA/0070/2011 |
Deniya Kumbura Saliya Kumara Deshapriya Bandara Dissanayake v. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Circumstantial evidence – Soldier accused of shooting Sergeant Major – Identification of service firearm – Odour of recently discharged weapon – Government Analyst evidence – Ballistic comparison – Absence of eyewitness not fatal – Fair trial – Right to jury option – Arraignment – Failure to read and explain indictment before commencement of trial – Mandatory criminal procedure – Right of accused to know charge – ICCPR fair-trial safeguards – Conviction and sentence quashed – Retrial ordered – High Court directed to conclude retrial expeditiously. S. Devika de. Thennakoon J. agreed. | Code of Criminal Procedure Act No. 15 of 1979 – sections 195(ee), 196 and 331(1); Penal Code – section 296; International Covenant on Civil and Political Rights Act No. 56 of 2007 – section 4(1)(e). | Download |
| 2016-10-14 | CA/PHC/0094/1999 |
R.P. Sirisena v. A.A. Amarasinghe & Others
View More |
Hon. L.T.B. Dehideniya, J | Provincial public service – Dismissal following disciplinary inquiry for financial fraud – Appeals to Provincial Public Service Commission and Governor – Writ of Certiorari – Jurisdiction of Provincial High Court – Meaning of “public officer” – Provincial Council as subordinate body/component of Republic – Provincial Council officers paid from public funds – Provincial public officer falling within constitutional definition of public officer – Constitutional exclusion of judicial review of appointment, transfer, dismissal and disciplinary control of public officers – Provincial devolution within unitary State. | Constitution – Articles 55(5) (as then in force), 126 and 170; Thirteenth Amendment to the Constitution. The judgment also discusses Articles 2, 17 and 154C in considering the constitutional status of Provincial Councils. | Download |
| 2016-10-14 | CA/PHC/0094/1999 |
R.P. Sirisena v. A.A. Amarasinghe & Others
View More |
Hon. L.T.B. Dehideniya, J | Provincial public service – Dismissal following disciplinary inquiry for financial fraud – Appeals to Provincial Public Service Commission and Governor – Writ of Certiorari – Jurisdiction of Provincial High Court – Meaning of “public officer” – Provincial Council as subordinate body/component of Republic – Provincial Council officers paid from public funds – Provincial public officer falling within constitutional definition of public officer – Constitutional exclusion of judicial review of appointment, transfer, dismissal and disciplinary control of public officers – Provincial devolution within unitary State. | Constitution – Articles 55(5) (as then in force), 126 and 170; Thirteenth Amendment to the Constitution. The judgment also discusses Articles 2, 17 and 154C in considering the constitutional status of Provincial Councils. | Download |
| 2016-10-14 | CA/PHC/APN/0025/2015 |
Widanagamage Ajith Kumara v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Revision – Confiscation of motor vehicle – Vehicle used in drug offence – Cannabis Sativa – Guilty plea – Automatic statutory forfeiture – Third-party owner – Whether separate confiscation inquiry required – Distinction from Forest Ordinance confiscation – No statutory right of third-party owner to prevent forfeiture – No right of appeal – Revision cannot be used to obtain relief unavailable under statute – Application dismissed with Rs.10,000 costs. L.T.B. Dehideniya J. agreed. | Constitution – Article 138; Poisons, Opium and Dangerous Drugs Ordinance – section 79; Forest Ordinance – section 40; Forest (Amendment) Act No. 65 of 2009. | Download |
| 2016-10-14 | CA/PHC/0252/2006 |
S. Sithasivam & Others v. Respondents identified in the Sinhala caption
View More |
Hon. H.C.J. Madawala, J | Provincial High Court appeal – Primary Court possessory proceedings – No. 21, Lady McCullums Drive, Nuwara Eliya – Existing possessory order – Alleged forcible dispossession – Restoration to possession – Contempt of Primary Court order – Application initially filed in wrong Provincial High Court – Territorial jurisdiction – Transfer between Provincial High Courts – Revisionary jurisdiction – Procedural maintainability – Time limits for appeal – Primary Court orders concerning possession and disturbance. | Constitution – Article 154P, including Article 154P(2)(b); Primary Courts’ Procedure Act No. 44 of 1979 – sections 66, 68(1), 68(2), 68(3), 68(4), 73 and 76; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Code of Criminal Procedure provisions on appeal are also discussed. | Download |
| 2016-10-14 | CA/WRT/0127/2014 & CA/WRT/0128/2014 |
Muttiah Sasidaran; D.P. Jayalath Krishan Peiris v. K.L.G. Thilak Perera, Additional Director General of Customs & Jagath P. Wijeweera, Director General of Customs
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Customs – Two containers – Goods declared as Sulphate Turpentine Oil/Rosin Resin Acid – Containers found to contain ethyl alcohol – Customs inquiry – Monetary forfeiture under section 129 – Mitigation – Attempt to invoke section 154 – Cash security demanded to prosecute claim – Section 154 applies to ships, boats, goods or things seized as forfeited – No goods seized from petitioners – No nexus between monetary forfeiture under section 129 and section 154 seizure procedure – Recovery of monetary penalties through statutory court action. | Customs Ordinance – sections 129, 145(2), 154 and 163; Debt Recovery (Special Provisions) Act No. 2 of 1990 – sections 3, 4, 6, 7, 8, 12, 13, 14, 15 and 23; Constitution – Article 140. | Download |
| 2016-10-14 | CA/PHC/0094/1999 |
R.P. Sirisena v. A.A. Amarasinghe & Others
View More |
Hon. L.T.B. Dehideniya, J | Provincial public service – Dismissal following disciplinary inquiry – Financial fraud – Appeal to Provincial Public Service Commission and Governor – Writ jurisdiction – Meaning of public officer – Provincial Council employee – Constitutional ouster of jurisdiction – Devolution under Thirteenth Amendment. | Constitution – Articles 55(5), 126, 170/175 and provisions introduced by the Thirteenth Amendment relating to Provincial Councils; Provincial High Court writ jurisdiction. | Download |
| 2016-10-14 | CA/PHC/0252/2006 |
S. Sithasivam & Others / parties concerning premises at No.21, Lady McCullums Drive, Nuwara Eliya
View More |
Hon. H.C.J. Madawala, J | Primary Court land dispute – Possession – Forcible dispossession – Revision filed in wrong Provincial High Court – Transfer from Uva Province to Central Province – Territorial jurisdiction – Restoration of possession – Contempt of Primary Court order. | Constitution – Article 154P; Primary Courts’ Procedure Act No.44 of 1979 – sections 66, 68(3) and 73; Provincial High Court revisionary jurisdiction. | Download |
| 2016-10-14 | CA/PHC/APN/0025/2015 |
Widanagamage Ajith Kumara v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Revision – Confiscation of lorry – Dangerous drugs offence – Vehicle used to transport prohibited substance – Automatic forfeiture following conviction – Third-party ownership – No separate inquiry under section 79 – Distinction from Forest Ordinance confiscation procedure. | Poisons, Opium and Dangerous Drugs Ordinance – section 79; Forest Ordinance as amended by Act No.65 of 2009 – section 40; Constitution – Article 138. | Download |
| 2016-10-13 | CA/PHC/0040/2006 |
Kalahage Premalal Dharmasiri v. Kandage Kamalawathi
View More |
Hon. H.C.J. Madawala, J | Provincial High Court appeal – Land possession – Forcible dispossession – Primary Court proceedings – Widow in possession of house and premises – Temporary absence from property – Alleged handing over of keys – Document amounting only to promise to hand over possession – Daughter could transfer only her own paternal rights – No transfer of mother’s rights – Prevention of re-entry amounting to forcible dispossession – Possession against will and without authority of law – Exceptional circumstances for revision – Manifestly erroneous Magistrate’s order – High Court finding upheld. | High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Constitution – Article 154(P); Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(b) and 68(3). | Download |
| 2016-10-13 | CA/PHC/0040/2006 |
Kalahage Premalal Dharmasiri v. Kandage Kamalawathi
View More |
Hon. H.C.J. Madawala, J | Provincial High Court appeal – Land possession – Forcible dispossession – Primary Court proceedings – Widow in possession of house and premises – Temporary absence from property – Alleged handing over of keys – Document amounting only to promise to hand over possession – Daughter could transfer only her own paternal rights – No transfer of mother’s rights – Prevention of re-entry amounting to forcible dispossession – Possession against will and without authority of law – Exceptional circumstances for revision – Manifestly erroneous Magistrate’s order – High Court finding upheld. | High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Constitution – Article 154(P); Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(b) and 68(3). | Download |
| 2016-10-13 | CA/PHC/0040/2006 |
Kalahage Premalal Dharmasiri v. Kandage Kamalawathi
View More |
Hon. H.C.J. Madawala, J | Primary Court land dispute – Forcible dispossession – Possession – Section 66 proceedings – Magistrate finding no forcible dispossession – Provincial High Court reversing Magistrate – Exceptional circumstances in revision – Scope of Primary Court jurisdiction – Civil title distinguished from possession. | Primary Courts’ Procedure Act No.44 of 1979 – sections 66(1)(b) and 68(3); High Court of the Provinces (Special Provisions) Act No.19 of 1990; Constitution – Article 154P. | Download |
| 2016-10-12 | CA/WRT/0384/2015 & CA/WRT/0385/2015 |
H.P.D. Dhammika Sadun Kumara & H.P.D. Pasan Nethmina; H.P.D. Chandana Ranjan Kumara & H.P.D. Nithina v. Nimal Dissanayake & Others
View More |
Hon. P. Padman Surasena, J | Grade 1 school admission – Rahula College, Matara – Unsuccessful applicants – Deduction of five marks because another boys’ school lay between residence and Rahula College – Measurement of distance – Main gate versus Principal’s office – Maps relied upon by parties – Admissibility and evidential weight of maps – Judicial review concerned with whether school authorities acted within their powers rather than conducting a trial on exact distances – Uniform method applied to all applicants. | Constitution – Article 140; Evidence Ordinance – section 83; applicable Grade 1 school-admission criteria/circular. | Download |
| 2016-10-12 | CA/0093/2011 |
Sendahakuru Jayantha v. Hon. Attorney General
View More |
Hon. Deepali Wijesundara, J | Murder – Conviction based on statement to police officer – No eyewitnesses – Confession to police inadmissible – Voluntariness – Conviction unsupported by admissible evidence – Conviction set aside – Accused ordered to be released forthwith. | Penal Code – section 296; Evidence Ordinance – sections 25 and 26; principles governing confessions made to police officers. | Download |
| 2016-10-12 | CA/WRT/0384/2015 & CA/WRT/0385/2015 |
H.P.D. Dhammika Sadun Kumara & H.P.D. Pasan Nethmina; H.P.D. Chandana Ranjan Kumara & H.P.D. Nithina v. Nimal Dissanayake, Principal, Rahula College & Others
View More |
Hon. P. Padman Surasena, J | Grade 1 school admission – Rahula College, Matara – Deduction of marks based on existence of another school between residence and selected school – Measurement of distance – Principal\'s office versus school gate – Maps and admissibility – Equal method applied to all candidates – New evidence on appeal – Seventeen candidates ranked above petitioners – Certiorari and Mandamus refused. | Evidence Ordinance – section 83; Constitution – Article 140; rules/circulars governing Grade 1 admissions to government schools. | Download |
| 2016-10-11 | CA/WRT/0401/2015; CA/WRT/0402/2015; CA/WRT/0403/2015; CA/WRT/0404/2015; CA/WRT/0405/2015; CA/WRT/0406/2015; CA/WRT/0407/2015; CA/WRT/0411/2015; CA/WRT/0412/2015; CA/WRT/0413/2015 |
W.A. Albert & Nine Other Petitioners v. Chief Secretary, Southern Province & Others
View More |
Hon. P. Padman Surasena, J | Ten writ applications decided by one judgment – Retired public officers – Administrative Appeals Tribunal – Supernumerary promotions converted to permanent promotions retrospectively – Applications for concessionary motor-vehicle permits after retirement – Trade and Investment Policy Circular – Circular applicable to officers in active service – Incorrect particulars suggesting active service – Vehicle permits issued contrary to applicable circular – Public authority entitled to treat manifestly illegal action as nullity – No duty to afford hearing before correcting manifest illegality – All applications dismissed without costs. | Constitution – Article 140; Trade and Investment Policy Circular No. 01/2013 dated 02.08.2013; earlier circular dated 30.03.2007 and amendment dated 04.03.2008 discussed; Administrative Appeals Tribunal proceedings. | Download |
| 2016-10-11 | CA/WRT/0401/2015; CA/WRT/0402/2015; CA/WRT/0403/2015; CA/WRT/0404/2015; CA/WRT/0405/2015; CA/WRT/0406/2015; CA/WRT/0407/2015; CA/WRT/0411/2015; CA/WRT/0412/2015; CA/WRT/0413/2015 |
W.A. Albert; H.K. Dayaratne; Daniel Vidanapathirana; J.P. Muthuhetti; M.A. Dharmadasa; U.R.N. Vaidayanatha; S.K. Karunaratne; Umagiliyage Sarath Wickramatilaka; V.A. Piyadasa; and K. Jayasena v. Chief Secretary, Southern Province & Others
View More |
Hon. P. Padman Surasena, J | Hon. P. Padman Surasena, J Consolidated writ applications – Retired public officers – Promotions originally on supernumerary basis subsequently converted to permanent posts – Concessionary motor-vehicle permits – Applications made after retirement – Trade and Investment Policy Circular – Permits issued contrary to circular – Cancellation of illegally issued permits – Legitimate versus illegitimate expectation – Natural justice – No right to hearing before nullification of manifestly illegal act – Applications dismissed. | Constitution – Article 140; Trade and Investment Policy Circular No.01/2013 dated 02.08.2013; earlier motor-vehicle permit circular dated 30.03.2007 as amended on 04.03.2008; Administrative Appeals Tribunal framework. | Download |
| 2016-10-10 | CA/WRT/0453/2013 |
G. Ranjith v. M.A.A.S. Nissanka Arachchi, Provincial Commissioner of Lands, R.P.R. Rajapaksa, G. Kirisadu & D. Dayawathie
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – State land – Land Development Ordinance – Succession to permit/grants – Nomination of successor – Failure to register nomination – Unregistered nomination invalid – Original permit holder’s nomination of G. Seemon – Eldest male child – Statutory succession – Third Schedule – Appointment of 4th respondent as successor not illegal – Effect of sections 58 and 72. | Constitution – Article 140; Land Development Ordinance – sections 58 and 72; Third Schedule. | Download |
| 2016-10-10 | CA/WRT/0453/2013 |
G. Ranjith v. M.A.A.S. Nissanka Arachchi, Divisional Secretary, Hingurakgoda & Others
View More |
Hon. P. Padman Surasena, J | Land Development Ordinance – Succession to State-land grants – Original permit holder nominating son as successor – Nomination not registered – Validity of nomination – Section 58 – Devolution according to Third Schedule – Eldest male child – Delay/laches – Failure to challenge registration of successor – Locus standi – Writs refused. | Land Development Ordinance – sections 48A, 58 and 72; Third Schedule; Constitution – Article 140. | Download |
| 2016-10-09 | CA/PHC/0146/2004 |
K.H. Nanadani v. Matara District Cooperative Society Ltd., Assistant Commissioner of Cooperative Development, K.A.P. Sugathadasa, Arbitrator & Commissioner of Cooperative Development and Registrar of Cooperative Societies, Southern Province
View More |
Hon. L.T.B. Dehideniya, J | Cooperative society – Employee manager – Cash shortage – Arbitral award – Statutory appeal – Failure to deposit 10% of award – Mandatory appeal deposit – Meaning of “shall” – Registrar having no discretion to entertain non-compliant appeal – Rules having statutory force – Writs of Certiorari – High Court dismissal affirmed – Appeal dismissed without costs. P.R. Walgama J. agreed. | Co-operative Societies Law No. 5 of 1972 – sections 58(3) and 61; Co-operative Societies Regulations/Rules of 1973 – Rule 49(xii)(a) and (b); Gazette Extraordinary No. 93/5 dated 10 January 1974. | Download |
| 2016-10-08 | CA/PHC/0024/2009 |
Dharmarathna Wasam Palliyage Sampath Manjula Nanayakkara v. Commissioner of Co-operative Development & Registrar of Co-operative Societies, Central Province & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – Co-operative employee/member appeal – Statutory deposit required before appeal could be accepted – Failure to deposit prescribed amount – Certiorari and Mandamus – High Court quashing rejection but directing deposit – Appellant failing to comply – Validity of condition attached to appeal. | Co-operative Rules – Rule 49(XII)(A) and Rule 49(XII)(b); constitutional/Provincial High Court writ jurisdiction. | Download |
| 2016-10-07 | CA/PHC/0116/2010 |
Abdul Lathif Mohamed Ali & 9 Others v. O.I.C., Mannar Police Station & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court appeal – Primary Court land dispute – Likelihood of breach of peace – Competing claims of title – Magistrate placing 2nd party respondent in possession – Revision dismissed by High Court – Primary Court proceedings intended to preserve peace rather than finally determine title – Status quo – Parties entitled to vindicate title in District Court – Failure to join necessary parties in appeal – Necessary-party objection – Parallel District Court proceedings – Appeal becoming academic – Grounds of appeal devoid of merit – Appeal dismissed without costs. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1) and 69(1); Civil Procedure Code – section 168. The judgment also discusses section 62 of the Administration of Justice Law through precedent. | Download |
| 2016-10-07 | CA/0285/2006 |
Wanniarachchige Nandalal Fernando v. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Death sentence – Trial without jury – Mandatory jury option – Failure expressly to inform accused of legal right to elect trial by jury – Recording that trial was fixed without a jury insufficient – Mandatory procedural safeguard – Presumption of regularity of judicial acts rejected in absence of record of compliance – Allocutus – Adoption of evidence by succeeding judge – Identification evidence – Retrial – Long lapse of time considered in deciding appropriate relief. | Code of Criminal Procedure Act No. 15 of 1979 – sections 161, 195(ee), 280 and 331(1), as affected by Act No. 11 of 1988; Penal Code – section 296; Judicature Act No. 2 of 1978 – section 48 and Second Schedule; Evidence Ordinance – section 114(d). | Download |
| 2016-10-07 | CA/PHC/0116/2010 |
Abdul Lathif Mohamed Ali & 9 Others v. O.I.C., Mannar Police Station & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court appeal – Primary Court land dispute – Likelihood of breach of peace – Competing claims of title – Magistrate placing 2nd party respondent in possession – Revision dismissed by High Court – Primary Court proceedings intended to preserve peace rather than finally determine title – Status quo – Parties entitled to vindicate title in District Court – Failure to join necessary parties in appeal – Necessary-party objection – Parallel District Court proceedings – Appeal becoming academic – Grounds of appeal devoid of merit – Appeal dismissed without costs. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1) and 69(1); Civil Procedure Code – section 168. The judgment also discusses section 62 of the Administration of Justice Law through precedent. | Download |
| 2016-10-07 | CA/0285/2006 |
Wanniarachchige Nandalal Fernando v. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Death sentence – Trial without jury – Mandatory jury option – Failure expressly to inform accused of legal right to elect trial by jury – Recording that trial was fixed without a jury insufficient – Mandatory procedural safeguard – Presumption of regularity of judicial acts rejected in absence of record of compliance – Allocutus – Adoption of evidence by succeeding judge – Identification evidence – Retrial – Long lapse of time considered in deciding appropriate relief. | Code of Criminal Procedure Act No. 15 of 1979 – sections 161, 195(ee), 280 and 331(1), as affected by Act No. 11 of 1988; Penal Code – section 296; Judicature Act No. 2 of 1978 – section 48 and Second Schedule; Evidence Ordinance – section 114(d). | Download |
| 2016-10-07 | CA/PHC/APN/0035/2016 |
Haputhanthri Gamage Don Nilantha Dias Kariyaewasam v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Criminal breach of trust – Public property – Forged medical certificates – Misleading court – Cancellation of bail – Contempt of Court – Applicability of Bail Act – Special statutory restrictions – Value exceeding Rs.25,000 – Exceptional circumstances – High Court power to remand accused to secure attendance – Bail Act section 16 unavailable – Trial to be given priority and concluded expeditiously – Application dismissed without costs. H.C.J. Madawala J. agreed. | Penal Code – section 388; Offences Against Public Property Act No. 12 of 1982 – sections 5(1), 8(1) and 9, as amended by Acts Nos. 76 of 1988 and 28 of 1999; Bail Act – sections 3(1), 3(2) and 16; Code of Criminal Procedure Act – sections 191(d), 263(1) proviso and 403; Judicature Act – section 18. | Download |
| 2016-10-07 | CA/WRT/0080/2015 |
QEG Lanka Private Limited v. Commissioner General of Labour, A.D.K.M. Weerakkodi, E.C.P. Dabare & Noel Willem Roets
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Employment relationship – General Manager – QEG Lanka and QEG Singapore – Arrears of salary – Labour inquiry – Order to pay Rs.11,481,000 – Employment contract identifying QEG Lanka as employer – Contract governed by Sri Lankan law – Employer-employee relationship established – Natural justice – Repeated notice of inquiry – Petitioner absent/postponements sought – Subsequent opportunity to make representations and written submissions – Adequate hearing afforded – Labour authorities’ decision upheld – Writ relief refused. | Certiorari – Employment relationship – General Manager – QEG Lanka and QEG Singapore – Arrears of salary – Labour inquiry – Order to pay Rs.11,481,000 – Employment contract identifying QEG Lanka as employer – Contract governed by Sri Lankan law – Employer-employee relationship established – Natural justice – Repeated notice of inquiry – Petitioner absent/postponements sought – Subsequent opportunity to make representations and written submissions – Adequate hearing afforded – Labour authorities’ decision upheld – Writ relief refused. | Download |
| 2016-10-07 | CA/PHC/APN/0035/2016 |
Haputhanthri Gamage Don Nilantha Dias Kariyaewasam v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail – Criminal breach of trust – Public property – Forged medical certificates – Contempt of Court – Remand until conclusion of case – Whether Bail Act applies – Exceptional circumstances – Special statutory restrictions on bail. | Penal Code – section 388; Offences Against Public Property Act No.12 of 1982 – sections 5(1) and 8(1); Bail Act – sections 3(1) and 3(2); Judicature Act – section 18. | Download |
| 2016-10-07 | CA/WRT/0080/2015 |
QEG Lanka Private Limited v. Commissioner General of Labour & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Employment – Foreign General Manager – Whether employee of QEG Lanka or Singapore company – Unpaid remuneration – Labour inquiry – Employment agreement – Employer identity – Reasons for administrative decision – Natural justice. | Shop and Office Employees Act – section 53(3); Constitution – Article 140; principles of natural justice and judicial review. | Download |
| 2016-10-07 | CA/WRT/0266/2016 |
H.P. Prasanna Suranjan Pushpakumara v. L.D.M. Sumathipala, Divisional Secretary, Buttala & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | State land – Eviction – Claim that land belonged to National Housing Development Authority – No documentary proof – Boundaries described as State land – Earlier agreement before Magistrate to vacate – Delay and laches – Application dismissed. | State-land recovery principles; Constitution – Article 140; public-law doctrine of delay/laches. | Download |
| 2016-10-07 | CA/WRT/0267/2016 |
Wijeratne Ganithalage Sujeewa Niroshani v. D.M. Sumathipala, Divisional Secretary, Buttala & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | State land – Eviction – Model village – National Housing Development Authority – Failure to establish title or allocation – Magistrate\'s eviction proceedings – Delay of one year and eight months – Laches – Notice refused. | State-land recovery principles; Constitution – Article 140; doctrine of delay and laches. | Download |
| 2016-10-06 | CA/PHC/APN/0004/2016 |
Labukola Ange Wisin Gedara Ashani Dhanushshika v. Officer in Charge, Division Crime Investigation Unit, Police Superintendent Office, Panadura & Hon. Attorney General; Kusiyage Nissanka Hemantha De Costa – Suspect Respondent
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Heroin possession – Wife applying on behalf of suspect – High Court refusal of bail – Exceptional circumstances – Nearly two years in remand – Difference between quantity in police report and Government Analyst report – Actual possession – Final order refusing bail – Alternative remedy by appeal – Revisionary jurisdiction – Miscarriage of justice – Prior similar conviction – Difference between gross substance and pure heroin not exceptional – Matters relating to possession to be determined at trial – Application dismissed without costs. H.C.J. Madawala J. agreed. | Poisons, Opium and Dangerous Drugs Ordinance – sections 54A, 54B and 83(1); Civil Procedure Code – sections 753 and 754(2); constitutional revisionary jurisdiction discussed in the judgment. | Download |
| 2016-10-06 | CA/WRT/0317/2016 |
Ravindra Kahanda Kumara Weragama v. M.A.S. Weerasinghe, Commissioner General of Agrarian Development
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari – Agrarian land – Declaration that land was not paddy land – Conditions imposed by Commissioner General – Authority to protect agricultural land – Statutory powers relating to agricultural lands – No basis for judicial review – Notice refused. S. Thurairaja PC J. agreed. | Constitution – Article 140; Agrarian Services Act – sections 28 and 29. | Download |
| 2016-10-06 | CA/PHC/APN/0004/2016 |
Labukola Ange Wisin Gedara Ashani Dhanushshika v. Officer in Charge, Panadura Division Crime Investigation Unit & Hon. Attorney General; Kusiyage Nissanka Hemantha De Costa – Suspect Respondent
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Heroin – Suspect in remand nearly two years – Alleged discrepancy in quantity of heroin – Government Analyst report – Actual possession – Exceptional circumstances – Right of appeal against refusal of bail – Revisionary jurisdiction – Miscarriage of justice. | Poisons, Opium and Dangerous Drugs Ordinance; Code of Criminal Procedure; constitutional revisionary jurisdiction; principles governing bail and revision. | Download |
| 2016-10-06 | CA/WRT/0317/2016 |
Ravindra Kahanda Kumara Weragama v. M.A.S. Weerasinghe, Commissioner General of Agrarian Development
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Agricultural land – Declaration of land as non-paddy land – Conditions imposed by Commissioner General of Agrarian Development – Whether authority ends after declaration as non-paddy land – Protection of paddy land and other agricultural land – Statutory authority of Commissioner – Notices refused. | Agrarian Services Act – sections 28 and 29; Constitution – Article 140. | Download |
| 2016-10-05 | CA/WRT/0187/2016 |
Dhilmi Kasunda Malshani Suriyarachchi v. Sri Lanka Medical Council, South Asian Institute of Technology and Medicine Ltd. & Others — Applications for Intervention by Pechchimuthu Nadaraja & Others
View More |
Hon. P. Padman Surasena, J | Writ proceedings – Applications for third-party intervention – Medical registration – SAITM – Sri Lanka Medical Council – Certiorari – Mandamus – Prohibition – Proposed intervenient parties including professional associations and students – Whether intervention is permissible in prerogative-writ proceedings – Court of Appeal Rules 1990 – Binding Divisional Bench authority – Rules do not provide for third-party intervention in writ applications – Intervention applications not entertainable. | Constitution – Article 140; Medical Ordinance – sections 29 and 29(2); Court of Appeal Rules 1990. | Download |
| 2016-10-05 | CA/0389/2000(F) |
Kapuruge Don Jayapala Somasiri v. Gamini Karunaratne
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Encroachment – Partition decree – Lots 11 and 12 – Disputed Lot 3 – Paper title – Prescriptive title – Contradictory answers to issues by District Judge – Identification of corpus – Plaintiff establishing title and possession. | Civil Procedure Code; Prescription Ordinance; principles governing declaration of title and effect of final partition decrees. | Download |
| 2016-10-01 | CA/PHC/0146/2004 |
K.H. Nanadani v. Matara District Cooperative Society Ltd. & Others
View More |
Hon. L.T.B. Dehideniya, J | Cooperative society – Employee – Cash shortage – Arbitral award of Rs.465,501.75 – Statutory appeal – Failure to deposit 10% of award – Mandatory appeal deposit – Registrar required to reject non-compliant appeal – Certiorari – Validity and effect of Cooperative Society Regulations. | Co-operative Societies Law No.5 of 1972 – sections 58(3) and 61; Co-operative Society Regulations of 1973 – Rule 49(xii)(a)–(b); Gazette Extraordinary No.93/5 of 10 January 1974. | Download |
| 2016-09-30 | CA/0262/2008 |
Abdl Jenuth Nihath & Abdul Kareem Imamdeen v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Unlawful assembly – Homicide – Common intention – Attack with shovel and firewood – Identification – Alibi/denial – Material contradictions – Lesser offence of culpable homicide not amounting to murder – Eight years rigorous imprisonment – Fine – Evaluation of evidence – Common intention – Conviction and sentence affirmed – Appeal dismissed. K.K. Wickramasinghe J. agreed. | Penal Code – sections 140, 146, 296, 297 and 32; Code of Criminal Procedure Act No. 15 of 1979 – appellate jurisdiction under section 331. | Download |
| 2016-09-30 | CA/LAND/ACQ/0001/2013 |
H.A. Kapila Piyasena v. Divisional Secretary, Badulla
View More |
Hon. L.U. Jayasuriya, J | Land acquisition appeal – Compensation – Land acquired for development of General Hospital, Badulla – Paddy land – Claim for enhanced compensation – Comparison with adjoining residentially developed land – Permission of Agrarian Services Commission – Government valuation – Yield and local paddy prices – Distinction between developed residential portion and undeveloped paddy land – Board of Review valuation held fair and reasonable – Appeal dismissed. Deepali Wijesundera J. agreed. | Land Acquisition Act No. 9 of 1950 – sections 28(1) and 63; Land Acquisition Regulations – regulations 6 and 7. | Download |
| 2016-09-30 | CA/0213/2009 |
Mahasarukkalige Chandani v. Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Heroin possession – 2.22 grams of diacetyl-morphine – Life imprisonment – Police detection based on information – Production chain – Inward journey of productions – Missing witness in chain – Seals – Government Analyst receipt – Alterations in receipt – Requirement to establish continuity and integrity of productions – Prosecution failing to establish inward journey to required standard – Conviction and sentence set aside – Accused acquitted and discharged – Appeal allowed. S. Devika De L. Tennakoon J. agreed. | Poisons, Opium and Dangerous Drugs Ordinance – section 54A(d), as amended by Act No. 13 of 1984; Code of Criminal Procedure Act No. 15 of 1979 – section 331(1). | Download |
| 2016-09-30 | CA/1269/2000 |
Danthika Lakshamani Abeywardena Wickramasinghe & Chinthanika Abeywardena Wickramasinghe v. Hettiarachchige Sunny de Alwis & Others
View More |
Hon. A.H.M.D. Nawaz, J | Joint bank account – Fixed deposit – Death of joint account holder – Survivorship – Beneficial ownership – Mutual will distinguished from joint will – Intention of deceased – Account operated by either holder – Bank condition providing survivor takes balance – Resulting trust – Equity – Legal title and beneficial interest – Plaintiffs claiming under mutual will – Surviving joint holder entitled to funds – District Court judgment affirmed – Appeal dismissed. | Civil Law Ordinance No. 5 of 1852; principles of banking law, trusts/equity, survivorship and mutual wills; terms and conditions governing the National Savings Bank joint account. | Download |
| 2016-09-30 | CA/WRT/0098/2014 |
Subasinghe Arachchige Dasman & 20 Others v. Secretary, Ministry of Health & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Mandamus – Public Health Field Assistants – Middle Level Technical Service – Sri Lanka Technical Service – Absorption and retrospective placement – Government circulars – Employees transferred to Sabaragamuwa Provincial Public Service – Cabinet approval – Provincial implementation dependent on concurrence/action of Central Government officials not before Court – Impossibility of performance – Mandamus will not compel an act impossible in law or fact – Application dismissed without costs. | Constitution – Article 140; relevant Government/Public Administration circulars establishing and governing the Middle Level Technical Service and subsequent retrospective absorption; principles governing Mandamus and impossibility of performance. | Download |
| 2016-09-30 | CA/0262/2008 |
Abdl Jenuth Nihath & Abdul Kareem Imamdeen v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Unlawful assembly – Death of victim – Common intention – Culpable homicide not amounting to murder – Eyewitness identification – Alibi – Assault with shovel and firewood – Credibility of prosecution witnesses – Conviction and sentence. | Penal Code – sections 32, 140, 146, 296 and 297; Code of Criminal Procedure Act No. 15 of 1979 – appellate jurisdiction. | Download |
| 2016-09-30 | CA/LA/0001/2013 |
H.A. Kapila Piyasena v. Divisional Secretary, Badulla
View More |
Hon. L.U. Jayasuriya, J | Land acquisition – Compensation – Appeal from Land Acquisition Board of Review – Paddy land – Claim for enhanced compensation – Comparable adjacent land – Developed residential land versus undeveloped paddy land – Government valuation – Evidentiary burden – Quantum of compensation. | Land Acquisition Act No. 9 of 1950 – sections 28(1) and 63; Land Acquisition Regulations – regulations 6 and 7. | Download |
| 2016-09-29 | CA/HC/0279/2009 |
Sulaiman Lebbe Segu Ibrahim v. Commission to Investigate Allegations of Bribery or Corruption
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Bribery – Solicitation and acceptance – Sentence – Three years on each count originally ordered consecutively – Accused having remained incarcerated since conviction – Sentencing concession – State not objecting – Conviction affirmed – Sentences reduced to two years rigorous imprisonment on each count – Sentences to run concurrently and suspended for five years – Fine of Rs.50,000 maintained – Appeal dismissed subject to variation. M.M.A. Gaffoor J. agreed. | Bribery law relating to solicitation and acceptance. The short order does not identify the specific statutory section of the offence. | Download |
| 2016-09-29 | CA/PHC/APN/0018/2016 |
Mohommed Rafaideen Mohommad Irfath v. Hon. Attorney General
View More |
Hon. H.C.J. Madawala, J | Revision – Bail – Heroin – 1,300 grams allegedly recovered, Government Analyst reporting 480.92 grams pure heroin – High Court refusing bail without recording reasons – Judicial discretion – Delay in seeking revision – Exceptional circumstances – Fair trial – Factors governing bail – Arbitrary exercise of discretion through failure to give reasons – Grave miscarriage of justice – High Court order set aside – High Court directed to reconsider bail application afresh and give reasons – Revision allowed without costs. L.T.B. Dehideniya J. agreed. | Constitution – Article 138; Code of Criminal Procedure Act No. 15 of 1979 – section 404; Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984 – sections 54A(b), 54A(c) and 83(1); Bail Act. | Download |
| 2016-09-28 | CA/WRT/0320/2016 |
Biyanwillage Don Rohan Lalith Perera v. National Gem and Jewellery Authority & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Public-sector employment – Director, Export Services and Marketing – Appointment on probation – Auditor General identifying absence of required basic degree – Termination with contractual notice – Public authority as employer – Distinction between contractual employment decision and exercise of statutory power – Termination derived from contract rather than statute – No public-law/statutory flavour sufficient for writ jurisdiction – Notice refused without costs. P. Padman Surasena J. agreed. | Constitution – Article 140; no particular statutory provision governing the termination is identified, the Court treating the relationship as contractual. | Download |
| 2016-09-28 | CA/WRT/0320/2016 |
Biyanwillage Don Rohan Lalith Perera v. National Gem and Jewellery Authority & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Employment – Director, Export Services and Marketing – Probation – Lack of basic degree qualification – Auditor General’s observations – Termination by public authority – Contractual relationship – No statutory flavour – Private-law contractual powers not amenable to Certiorari – Notice refused. | Constitution – Article 140; contractual employment principles; National Gem and Jewellery Authority statutory framework. | Download |
| 2016-09-27 | CA/WRT/0197/2016 |
Tradex Worldwide (Pvt) Ltd & M.R. Mohamed Rashad v. Director General of Customs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Customs – Export of tea – Two containers declared as black tea – Tea Board examination finding substantial quantity of “refused tea” not conforming to ISO 3720 – Only conforming portion released – Customs inquiry and forfeiture – Second petitioner admitting offence and pleading in mitigation – Challenge to adequacy of charges/proceedings – Documentary and physical evidence supporting Customs determination – No basis for writ intervention – Notices refused without costs. | Customs Ordinance – sections 12, 44, 57, 130 and 163, together with Schedule (b) provisions concerning prohibited export of unfit/adulterated tea; Constitution – Article 140. | Download |
| 2016-09-27 | CA/WRT/0197/2016 |
Tradex Worldwide (Pvt) Ltd & M.R. Mohamed Rashad v. Director General of Customs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Customs inquiry – Export of black tea – Refused tea – 34,000 kg consignment – Tea Board report – ISO 3720 – Forfeiture of 30,050 kg – Mitigated forfeiture exceeding Rs.12 million – Charges – Admission and mitigation by exporter – Notice refused. | Customs Ordinance – sections 12, 44, 57, 130 and 163 and Schedule B; statutory controls on export of adulterated/refused tea. | Download |
| 2016-09-26 | CA/0303/2000 |
Benrata Vidanalage Gunasena (Deceased), substituted by Hirimuthugodage Dhanawathie v. Bentara Vidanalage Nandasena alias Nandapema / Benrata Nanda Thero
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title and ejectment – Deed of transfer – Alleged forged deed – Due execution – Burden of proof – Plaintiff proving execution of deed – Defendant alleging forgery bears burden of establishing forgery – Signature and handwriting evidence – Notarial execution – Expert evidence not mandatory – Court comparison of handwriting – District Judge misdirected himself – District Court judgment set aside – Appeal allowed. | Evidence Ordinance – sections 67 and 73; Prevention of Frauds Ordinance; Notaries Ordinance; Civil Procedure Code principles governing proof and civil burden of proof. | Download |
| 2016-09-26 | CA/PHC/APN/0026/2015 |
Haupe Liyan Arachchige Don Trilanka Priyadarshana v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Fourth suspect – Narcotics investigation – Nothing recovered from petitioner – Arrest based on information supplied by previously arrested suspect – Remand for two years and nine months – State withdrawing objections in light of connected decision – High Court refusal of bail set aside – Bail granted subject to Rs.100,000 cash bail, two Rs.500,000 sureties, reporting to Narcotic Bureau twice monthly and impounding of passport. H.C.J. Madawala J. agreed. | The short order does not expressly identify the statutory provision governing the alleged narcotics offence or bail application. | Download |
| 2016-09-26 | CA/PHC/0111/2006 |
Pinwatththa Wedaralalage Wimalasekara v. Damme Arachchilage Ubayasena & Others
View More |
Hon. H.C.J. Madawala, J | Primary Court proceedings – Death of party during appeal – Application to substitute deceased party’s children – Breach-of-peace jurisdiction – Personal nature of proceedings – Whether cause of action survives death – Substitution – Cause of action based on imminent breach of peace does not survive death of relevant party – Actio personalis moritur cum persona – Application for substitution refused. L.T.B. Dehideniya J. agreed. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Civil Procedure Code – section 398; Constitution – provisions governing Provincial High Court appeals as cited in the caption. | Download |
| 2016-09-26 | CA/0303/2000(F) |
Bentara Vidanalage Gunasena / Hirimuthugodage Dhanawathie v. Bentara Vidanalage Nandasena alias Nandapema
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Ejectment – Disputed deed of transfer – Allegation of forgery – Due execution of deed – Burden of proof – Signatures of executant and attesting witnesses – Prescriptive title – District Court findings – Proof of execution of notarial instrument. | Evidence Ordinance – burden of proof principles; Prevention of Frauds Ordinance / law governing due execution of deeds and notarial instruments; Prescription Ordinance. | Download |
| 2016-09-26 | CA/PHC/0111/2006 |
Pinwatththa Wedaralalage Wimalasekara v. Damme Arachchilage Ubayasena & Others
View More |
Hon. H.C.J. Madawala, J | Primary Court land proceedings – Death of party – Application for substitution – Whether cause of action survives – Prevention of breach of peace – Personal cause of action – Substitution in pending appeal – Proper person – Death ending likelihood of breach of peace – Civil action as proper remedy. | Primary Courts’ Procedure Act No. 44 of 1979 – section 78 and Part VII; Civil Procedure Code – sections 398 and 760A; principles governing substitution following death of a party. | Download |
| 2016-09-26 | CA/PHC/APN/0018/2016 |
Mohommed Rafaideen Mohommad Irfath v. Hon. Attorney General
View More |
Hon. H.C.J. Madawala, J | Revision – Bail – Possession and trafficking of heroin – 480.920 grams pure heroin – High Court refusing bail without reasons – Arbitrary exercise of judicial discretion – Exceptional circumstances – Four-month delay in revision – Laches – Alternative appeal – Seriousness of narcotics offence. | Constitution – Article 138; Code of Criminal Procedure Act No. 15 of 1979 – section 404; Poisons, Opium and Dangerous Drugs Ordinance – sections 54A(b), 54A(c) and 83(1). | Download |
| 2016-09-23 | CA/0136/2008 |
Rasika Prabath Priyadarshana Senanayake & Jasingh Dissanayake Chaminda alias Heen Mahaththaya v. Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Abduction – Murder – Robbery of motorcycle – Common intention – Sole/main eyewitness – Delayed recording of statement – Alleged illegal police investigation – Fair trial – Corroboration – Identification of accused – Participation of first accused in driving bus during abduction – Evidence of second accused armed with knife – Convictions and sentences affirmed – Appeal dismissed. H.C.J. Madawala J. agreed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Penal Code – sections 355, 296 and 380 read with section 32. | Download |
| 2016-09-23 | CA/WRT/0079/2013 |
Chaminda Ranaweera Gamage v. Southern Development Authority & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Public employee – Disciplinary inquiry – Transfer pending disciplinary proceedings – Preliminary investigation – Punishment of deferment of two salary increments – Natural justice – Person adversely affected must know case against him and have fair opportunity to answer – Defects in disciplinary process – Respondents acted in violation of natural justice – Decisions to conduct disciplinary inquiry and defer salary increments quashed – Relief granted with Rs.10,000 costs. | Constitution – Article 140; applicable disciplinary provisions/rules referred to in the judgment, including sections 4, 7 and 14 in the material considered by Court; principles of natural justice and fair hearing. | Download |
| 2016-09-23 | CA/WRT/0265/2014 |
Nidhu Manohar David v. Hon. Attorney General & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Mandamus – Police investigations – Public-interest application concerning complaints arising from religious preaching/house-to-house activity – Alleged attacks, harassment, failure to investigate and malicious prosecutions – Petitioner seeking order compelling police to investigate and institute criminal proceedings – Police material demonstrating investigations, statements and reports to courts in multiple incidents – Scope of constitutional freedom to manifest, worship, observe and practice religion distinguished from claimed right to propagate – No basis established for coercive Mandamus directing investigation/prosecution – Relief refused. | Constitution – Articles 14(1)(e) and 140; Police Ordinance – section 56; Code of Criminal Procedure provisions governing police reports/investigations, though no particular section is identified in the extracted order. | Download |
| 2016-09-22 | CA/0232/2009 |
W. Liyanage Don Nalaka Dileep Kumara v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Causing death by rash or negligent act – Motor traffic accident – Tipper lorry – Cyclist killed – Vehicle colliding with car, electricity post and parapet wall – Brake marks – Expert evidence of Motor Traffic Examiner – Criminal negligence – Negligence exceeding merely compensable conduct – Standard of proof beyond reasonable doubt – Conviction and five-year rigorous imprisonment affirmed – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Penal Code – section 298; motor traffic regulations concerning speed/braking evidence referred to in the judgment. | Download |
| 2016-09-22 | CA/0232/2009 |
W. Liyanage Don Nalaka Dileep Kumara v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Death caused by rash or negligent driving – Tipper lorry – Cyclist – Criminal negligence – Eyewitness evidence – Motor traffic examiner – Brake marks – Speed – Expert evidence – Standard of proof – Distinction between civil and criminal negligence. | Penal Code – section 298; Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); motor traffic law and evidentiary principles governing expert testimony. | Download |
| 2016-09-21 | CA/0098/2007 |
Rathnayake Mudiyanselage Punchibanda v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Murder and grievous hurt – Long-standing land dispute – Grave and sudden provocation – Sudden fight – Medical evidence – Intoxication – Intention – Murder conviction reduced to culpable homicide not amounting to murder – Death sentence quashed – Twenty years rigorous imprisonment imposed on first charge – Conviction and sentence on grievous-hurt charge affirmed – Sentences consecutive – Appeal dismissed subject to variation. M.M.A. Gaffoor J. agreed. | Penal Code – sections 296, 297 and 317; Code of Criminal Procedure Act No. 15 of 1979 – section 331; Evidence Ordinance principles concerning exceptions/onus are discussed. | Download |
| 2016-09-21 | CA/PHC/0084/2009 |
Wijesinghe Arachchilage Premawathi Menike v. Divisional Secretary, Imbulpe
View More |
Hon. L.T.B. Dehideniya, J | Land acquisition – Land acquired for expansion of Sabaragamuwa University – Recovery of possession – Earlier proceeding under State Lands (Recovery of Possession) Act dismissed on technical ground – Subsequent ejectment proceeding under Land Acquisition Act – Urgent acquisition – Eleven-year delay – Delay does not divest State of acquired land – Res judicata – Earlier technical dismissal not decision on merits – Statutory acquisition scheme provides proper ejectment remedy – Magistrate’s ejectment order upheld – Appeal dismissed without costs. H.C.J. Madawala J. agreed. | Land Acquisition Act No. 9 of 1950 – proviso to section 38 and section 42(2); State Lands (Recovery of Possession) Act – section 5; principles of res judicata. | Download |
| 2016-09-21 | CA/WRT/0231/2015 |
Wannipura Gamage Malini Chandrika v. P. Susantha Jayathilaka, Divisional Secretary, Nikawaratiya & Another
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Prohibition – Quit notice – Previous Court of Appeal determination in CA Writ 2033/2005 that “Galagoda Henayaya” was private land and not State land – Divisional Secretary nevertheless issuing quit notice for same land – Respondents declining to contest and agreeing to abide by prior decision – State-land recovery procedure unavailable against private land – Quit notice quashed and prohibition issued against ejectment pursuant to it. P. Padman Surasena J. agreed. | Constitution – Article 140; State Lands (Recovery of Possession) legislation governing the impugned quit notice; the short order does not identify a specific section. | Download |
| 2016-09-21 | CA/WRT/0262/2016 |
K.T.Y.R. Nishantha v. Lt. General A.W.J. Crishantha De Silva, Commander of the Army & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Mandamus – Army officer – Withdrawal of commission/discharge in 2009 – Same discharge previously challenged by writ and unsuccessfully pursued to Supreme Court – Petitioner seeking to reopen matter on different grounds after subsequent acquittal – Finality of earlier proceedings – Delay of several years – No sufficient basis to relitigate discharge – Notice refused/application dismissed. P. Padman Surasena J. agreed. | Constitution – Article 140; the order does not identify a particular Army Act or regulation provision as the basis of its determination. | Download |
| 2016-09-21 | CA/0098/2007 |
Rathnayake Mudiyanselage Punchibanda v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Murder – Grievous hurt – Family land dispute – Cutting with weapon – Grave and sudden provocation – Sudden fight – Long-standing dispute – Intoxication – Medical evidence – Request to reduce murder to culpable homicide not amounting to murder. | Penal Code – sections 296 and 317; principles relating to grave and sudden provocation, sudden fight and culpable homicide. | Download |
| 2016-09-21 | CA/PHC/0135/2008 |
Rajapakshe Pathiranage Winifred Hemalatha v. Kristhoguge Leela Ranjanie Fernando & Officer in Charge, Police Station, Dankotuwa
View More |
Hon. P. Padman Surasena, J | Primary Court land dispute – Section 66 information – Possession – Revision – High Court procedure – Request to file counter-objections – Refusal to re-fix argument – Procedural fairness – Right to be heard – Exercise of revisionary jurisdiction. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a); Provincial High Court revisionary jurisdiction and principles of procedural fairness. | Download |
| 2016-09-21 | CA/PHC/0084/2009 |
Wijesinghe Arachchilage Premawathi Menike v. Divisional Secretary, Imbulpe
View More |
Hon. L.T.B. Dehideniya, J | Land acquisition – Land acquired for expansion of Sabaragamuwa University – Recovery of possession – Urgent acquisition – Delay in taking possession – Earlier proceedings under State Lands Recovery Act – Statutory remedy under Land Acquisition Act – Res judicata – Prior dismissal on technical ground not a decision on merits. | Land Acquisition Act No. 9 of 1950 – proviso to section 38 and section 42(2); State Lands (Recovery of Possession) Act; doctrine of res judicata. | Download |
| 2016-09-21 | CA/WRT/0231/2015 |
Wannipura Gamage Malini Chandrika v. P. Susantha Jayathilaka, Divisional Secretary, Nikawaratiya & Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Prohibition – Quit notice – Land previously judicially determined to be private land – State seeking possession under State-land recovery legislation – Earlier Court of Appeal determination – Respondents not opposing relief – Quit notice quashed – Ejectment prohibited. | State Lands (Recovery of Possession) Act No.7 of 1979; Constitution – Article 140. | Download |
| 2016-09-21 | CA/WRT/0262/2016 |
K.T.Y.R. Nishantha v. Lt. General A.W.J. Crishantha De Silva, Commander of the Army & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Mandamus – Sri Lanka Army – Withdrawal of commission – Discharge from Army – Earlier Court of Appeal challenge refused – Supreme Court challenge unsuccessful – Subsequent acquittal in Magistrate’s Court – Re-litigation of same administrative decision – Six-year delay – Notices refused. | Constitution – Article 140; statutory and regulatory framework governing Sri Lanka Army commissions and discharge; principles against repeated judicial review and delay. | Download |
| 2016-09-20 | CA/PHC/0149/2007 |
Liyana Arachchige Ivan Gamini de Silva v. Hon. Attorney General & Officer-in-Charge, Police Station, Ragama
View More |
Hon. L.T.B. Dehideniya, J | Procedural order – Provincial High Court revision appeal – Appellant absent and unrepresented – Court had fixed matter for judgment – Appellant subsequently informing President of Court of Appeal that he was serving life imprisonment – Inability to attend without prison production order – Case removed from judgment list – Registrar directed to notify Superintendent of Prison, Monaragala to produce appellant – Matter fixed for mention. H.C.J. Madawala J. agreed. | No substantive statutory provision is determined in this short procedural order. | Download |
| 2016-09-20 | CA/WRT/0301/2016 |
Pattiyagamage Lohitha Hashan v. W.T.B. Dissanayake, Divisional Forest Officer & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Forest Department – State land – Apple-growing project/co-operative – Land originally allocated for cultivation – Earlier governmental decision to retake land and return it to Forest Department – Material non-disclosure – Petitioners not shown to be original allottees – Claim of long possession/prescription – Legitimate expectation – Statutory authority of Forest Department to recover possession – Earlier eviction decision held legally valid – Court refused notices; companion applications CA 292–301/2016 dealt with on same basis. P. Padman Surasena J. agreed. | State Lands (Recovery of Possession) Act – section 18; Constitution – Article 140. | Download |
| 2016-09-20 | CA/WRT/0301/2016 |
Pattiyagamage Lohitha Hashan v. W.T.B. Dissanayake, Divisional Forest Officer & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Forest land – Apple Growers Co-operative Society – Land originally allocated for apple cultivation – Subsequent direction to return land to Forest Department – Quit notices – State-land recovery – Prescriptive claim – Alleged legitimate expectation – Multiple related writ cases – Suppression/non-production of relevant historical letter. | State Lands (Recovery of Possession) Act No.7 of 1979 – section 18; Forest law; Constitution – Article 140. | Download |
| 2016-09-19 | CA/PHC/0172/2006 |
Thuppahi Premadhasa v. Officer-in-Charge, Police Station, Rathgama & Sammu Padhmasiri
View More |
Hon. H.C.J. Madawala, J | Primary Court land dispute – Possession of house – Police information following apprehended breach of peace – Oral evidence in section 66 proceedings – Whether Magistrate could call witness despite affidavit procedure – Primary Court’s discretion to receive evidence – Actual possession – Magistrate finding second respondent in possession – High Court revision – No error warranting appellate interference – Appeal disallowed – Magistrate/High Court determination affirmed. L.T.B. Dehideniya J. agreed. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66, 66(3), 66(5), 72(b) and 78; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 9; Constitution – Article 154P(6). | Download |
| 2016-09-19 | CA/PHC/0135/2008 |
Rajapakshe Pathiranage Winifred Hemalatha v. Kristhoguge Leela Ranjanie Fernando & Officer in Charge, Police Station, Dankotuwa
View More |
Hon. P. Padman Surasena, J | Primary Court land dispute – Revision – Possession – High Court procedure – Appellant requesting leave to file counter objections and complete Magistrate’s Court proceedings – Failure to comply with undertaking to furnish proceedings – Relevant record essential to evaluate allegation that Magistrate’s order was contrary to evidence – Mandatory documents in revision – Court of Appeal Rules – No basis to interfere with High Court – Appeal dismissed. Vijith K. Malalgoda PC J. agreed. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a); Constitution – Article 138; Court of Appeal (Appellate Procedure) Rules 1990, including requirements governing documents accompanying revision applications. | Download |
| 2016-09-19 | CA/PHC/0135/2008 |
Rajapakshe Pathiranage Winifred Hemalatha v. Kristhoguge Leela Ranjanie Fernando & Officer in Charge, Police Station, Dankotuwa
View More |
Hon. P. Padman Surasena, J | Primary Court land dispute – Section 66 information – Possession – Revision – High Court procedure – Request to file counter-objections – Refusal to re-fix argument – Procedural fairness – Right to be heard – Exercise of revisionary jurisdiction. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a); Provincial High Court revisionary jurisdiction and principles of procedural fairness. | Download |
| 2016-09-19 | CA/PHC/0172/2006 |
Thuppahi Premadhasa v. Officer in Charge, Police Station, Rathgama & Sammu Padhmasiri
View More |
Hon. H.C.J. Madawala, J | Primary Court land dispute – House and premises – Possession – Alleged forged deed – Police information – Breach of peace – Section 66 proceedings – Competing claims to possession – Provincial High Court revision – Appeal from revisionary order. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Constitution and High Court of the Provinces (Special Provisions) Act No. 19 of 1990 governing revision and appeal. | Download |
| 2016-09-15 | CA/0328/2007 |
Hennayaka Mudiyanselage Darmadasa alias Lal v. Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Sole eyewitness – Identification – Accused shown to witness at police station – Suggestive identification – Subsequent identification parade challenged – Familiarity with face – Lack of corroboration – Discrepancy regarding date/circumstances of arrest – Unsafe identification evidence – Trial judge misdirection – Conviction and death sentence set aside – Accused acquitted – Appeal allowed. S. Devika De L. Tennakoon J. agreed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Penal Code – section 296. | Download |
| 2016-09-15 | CA/1012-1013/1998 |
Seiyudeen Lebbe Mohomed Husain v. Habeeb Mohamed Saharuwan Beebi & Others
View More |
Hon. P.R. Walgama, J | Civil procedure – Partition appeal – Abatement – Death of parties – Substitution of heirs – Application to relist appeal – Delay caused by difficulty obtaining documents – Due diligence – Inherent jurisdiction of Court of Appeal – Power to restore/reinstate matter where sufficient cause shown – Technicalities not to cause miscarriage of justice – Relisting automatically vacating abatement – Application allowed. L.T.B. Dehideniya J. agreed. | The order principally invokes the Court of Appeal’s inherent jurisdiction to restore/relist an abated matter; no specific statutory section is identified as the basis of the relisting order. | Download |
| 2016-09-15 | CA/PHC/APN/0061/2016 |
Jaltotage Don Keerthi Wickramaratne & Naotunna Rajaguru Bamunuge Dileepa Anuradha Edirisinghe v. Paraketawella Diddenigoda Gedara Niranjan Padmakumara & Others
View More |
Hon. P.R. Walgama, J | Revision – Public nuisance – Industrial/factory operations – Environmental licence – Magistrate’s power to restrain public nuisance – Existence of valid environmental permit does not prevent Magistrate acting where activity amounts to public nuisance – Sustainable development – Environmental protection and development interests – Magistrate and High Court orders upheld – Revision dismissed with Rs.10,000 costs. L.T.B. Dehideniya J. agreed. | Constitution – Article 138; Code of Criminal Procedure Act – section 98, including section 98(1)/(b); National Environmental Act – section 23H as referred to in the judgment; High Court of the Provinces (Special Provisions) Act No. 19 of 1990. | Download |
| 2016-09-15 | CA/WRT/0283/2013 |
Wilegoda Liyanage Sajeewana Rohana Rasika Gunawardena v. Divisional Secretary, Mawanella & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Land Development Ordinance – Succession to grant – Original grantee nominated eldest son as successor – Nominated successor predeceased grantee – Death of nominated successor during grantee’s lifetime operates as cancellation of nomination – No fresh nomination – Statutory devolution under Third Schedule – Surviving sons rank ahead of grandsons and older relative preferred within same class – Decision recognizing surviving son as successor upheld – Certiorari and Mandamus refused. | Land Development Ordinance No. 19 of 1935, as amended – sections 49, 61 and 72; section 19A(3) as referred to in the statutory provisions; Rule 1(b) of the Third Schedule; Constitution – Article 140. | Download |
| 2016-09-15 | CA/WRT/0291/2016 |
K.H.M. Appuhamy Piyarapana & K.H.M. Sudu Menika v. Commissioner of Land Settlement & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari – Land settlement – Settlement certificate originally made in 2008 in favour of rival claimant – Petitioners or closely connected litigants aware of certificate during District Court proceedings by 2012 – Related litigation pursued up to Supreme Court – Challenge brought years later – Final settlement order – Delay and laches – Unexplained delay fatal to di | Download | |
| 2016-09-15 | CA/WRT/0291/2016 |
K.H.M. Appuhamy Piyarapana & K.H.M. Sudu Menika v. Commissioner of Land Settlement & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Land settlement – Settlement certificate issued in 2008 – Prior District Court litigation – Supreme Court refusing special leave – Four-year delay – Laches – Final settlement order – Attempt to challenge underlying settlement after prior litigation – Notice refused. | Land Settlement Ordinance – section 5(5); Constitution – Article 140; principles of delay and laches in writ proceedings. | Download |
| 2016-09-14 | CA/0080/2010 |
Mendis Thilakaraj v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Murder – Confession – Strangulation – Body placed in septic pit – Jewellery removed – Grave and sudden provocation – Absence of premeditated murderous intention – Murder conviction reduced to culpable homicide not amounting to murder – Twenty years rigorous imprisonment – Fine and compensation – Sentence directed to operate from original conviction date – Appeal dismissed subject to variation. M.M.A. Gaffoor J. agreed. | Penal Code – sections 296 and 297; Evidence Ordinance – section 24; Code of Criminal Procedure – section 127(3) and appellate provisions. | Download |
| 2016-09-14 | CA/WRT/0320/2015 |
Master Wovenlanka (Private) Limited v. Urban Council Katunayake-Seeduwa & Others
View More |
Hon. P. Padman Surasena, J | Local authority rates – Factory premises – Annual value increased from approximately Rs.315,570 to more than Rs.6.45 million – Revised assessment still nearly eighteen times previous valuation – Seizure notice – Statutory power to impose rates – New assessment requires direction/approval of competent Provincial Minister – Respondents failed to establish ministerial direction – Urban Council acted outside statutory powers – Impugned assessment and consequential enforcement held unlawful – Certiorari granted. | Constitution – Article 140; Urban Councils Ordinance No. 61 of 1939 – sections 160(1), 160(3) and 166; Municipal Councils Ordinance – sections 233, 235, 236–243, particularly section 238; Provincial Councils (Consequential Provisions) Act No. 12 of 1989 – section 2(1); Ninth Schedule, List I of the Constitution. | Download |
| 2016-09-14 | CA/0080/2010 |
Mendis Thilakaraj v. Hon. Attorney General
View More |
Hon. K.K. Wickremasinghe, J | Murder appeal – Confession before Magistrate – Strangulation – Body concealed in septic pit – Jewellery removed – Provocation – Absence of premeditated intention – Failure to prove murderous intention beyond reasonable doubt – Murder versus culpable homicide not amounting to murder – Conviction reconsidered. | Penal Code – sections 296, 198 and 394; Evidence Ordinance – section 24; Code of Criminal Procedure Act No. 15 of 1979 – section 127(3) and section 331. | Download |
| 2016-09-14 | CA/PHC/0244/2006 |
K.G. Tikiri Appu Rajasekara v. R.A.N.D. Madduma Appu alias Gunarathne & Others
View More |
Hon. L.T.B. Dehideniya, J | Paddy land – Tenant cultivator – Death of original tenant cultivator – Whether tenancy rights devolve on son – Agrarian Development Act silent on succession – Sub-tenant cultivator – Landowner’s written consent – No statutory succession – Appeal dismissed. | Agrarian Development Act No. 46 of 2000 – sections 6(1), 7(10) and 101; former Agrarian Services Act – section 8(1) concerning succession of tenant-cultivator rights. | Download |
| 2016-09-14 | CA/WRT/0320/2015 |
Master Wovenlanka (Private) Limited v. Urban Council Katunayake–Seeduwa & Others
View More |
Hon. P. Padman Surasena, J | Certiorari – Local authority rates – Annual value of factory premises increased approximately twenty-fold – Objection to assessment – Government valuation – Seizure notice – Arbitrary and ultra vires assessment – Rating and taxation powers of Urban Council. | Urban Councils Ordinance No.61 of 1939, as amended – section 160 and related rating provisions; Constitution – Article 140. | Download |
| 2016-09-13 | CA/PHC/0020/2004 |
A.D. Samarasinghe Abeyawardene v. Cooperative Commissioner of Southern Province & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court appeal – Cooperative society – Treasurer – Inquiry revealing shortage of Rs.320,118.57 – Appeal to Registrar – Appeal deposit – Rule requiring Rs.50 or 10% deposit – Mandatory nature of statutory appeal conditions – Allegation that rule was ultra vires – Minister’s rule-making power – Failure properly to perfect statutory appeal – Certiorari and Mandamus refused – Appeal dismissed with Rs.10,000 costs. L.T.B. Dehideniya J. agreed. | Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Co-operative Societies Law No. 5 of 1972 – sections 44, 58(3), 61(1) and 61(2)(y); Co-operative Societies Rules – Rule 49(xii)(a). | Download |
| 2016-09-13 | CA/TR/0311/2015 |
Vidanalage Eric Roshan De Mel & Ranagala Pedige Renuka v. Maduge Sujeewa Roshan Dias & Kotagedara Liyanage Shinali Surangika Perera
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Transfer application – District Court of Gampaha – Same Additional District Judge had made observations in connected mortgage case concerning deed forming subject matter of present land action – Respondents absent despite notice and earlier representation – Appearance of prior judicial consideration – Availability of other Additional District Judges – Transfer ordered – District Judge directed to nominate another Additional District Judge to hear and determine case. P. Padman Surasena J. agreed. | Judicature Act – section 46. | Download |
| 2016-09-13 | CA/WRT/0300/2013 |
Ceylon News Papers (Private) Limited v. V.P.K. Weerasinghe, Commissioner General of Labour & Others
View More |
Hon. P. Padman Surasena, J | Labour law – Termination of employment – Commissioner of Labour – Preliminary objections to jurisdiction – Employer alleging disciplinary termination – No termination letter and only disputed purported confession – Issue properly left for substantive inquiry – Employee employed approximately nine months – Meaning of 180 days within a continuous period of twelve months – Act does not require completion of a full year of service – Employee had more than 180 days’ service – Commissioner possessed jurisdiction – Certiorari refused – Application dismissed without costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, as amended – sections 2(4), 3(1)(a) and 3(1)(b); Workmen’s Compensation Ordinance – Schedule III, as incorporated in the statutory wording considered. | Download |
| 2016-09-13 | CA/PHC/0020/2004 |
A.D. Samarasinghe Abeyawardene v. Co-operative Commissioner of the Southern Province & Others
View More |
Hon. P.R. Walgama, J | Certiorari and Mandamus – Co-operative society – Treasurer – Financial shortage – Statutory inquiry – Appeal against determination – Appeal deposit – Failure to comply with prescribed appeal procedure – Procedural fairness – Validity of statutory rule – Provincial High Court appeal. | Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Co-operative Societies Law/Act No. 5 of 1972 – section 44; Co-operative Societies Rules – Rule 49(xii)(a). | Download |
| 2016-09-13 | CA/WRT/0300/2013 |
Ceylon Newspapers (Private) Limited v. V.P.K. Weerasinghe, Commissioner General of Labour & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Termination of employment – Labour inquiry – Preliminary objections – Whether dismissal was disciplinary – Employee in service for approximately nine months – Commissioner of Labour’s jurisdiction – Statutory minimum employment period – Disputed facts – Judicial review of interlocutory rulings. | Termination of Employment of Workmen (Special Provisions) Act No.45 of 1971 – sections 2(4) and 3(1)(b); Constitution – Article 140. | Download |
| 2016-09-13 | CA/WRT/0664/2011 |
Anuja Yoganathan v. University Grants Commission & Others
View More |
Hon. M.M.A. Gaffoor, J | University admission – District quota – Z-score – Mullaitivu District – Displacement due to armed conflict – Undergraduate admission guidelines – Permanent residence – Necessary parties – Delay – Futility of Certiorari and Mandamus – Courses substantially/completely concluded. | Constitution – Article 140; Admissions to Undergraduate Courses of the Universities in Sri Lanka – Academic Year 2009/2010, clause 4.1 and proviso. | Download |
| 2016-09-09 | CA/LA/0009/2015 |
M.T. “City Elite” & Challenger Maritime Shipping Inc. v. P.T. Bumi Siak Pusako
View More |
Hon. P.R. Walgama, J | Leave to appeal – Admiralty jurisdiction – Action in rem – Arrest of vessel – Charter-party agreement – Crude-oil cargo – Delay in discharge due to malfunctioning CPC pump – Ship-to-ship transfer – Counterclaim – Application for security from plaintiff – Whether security application premature – Possibility of CPC damages claim – High Court order upheld – Leave to appeal refused – Application dismissed with Rs.10,000 costs – High Court directed to proceed with trial. | Admiralty Jurisdiction Act No. 40 of 1983 – section 2(1)(h). | Download |
| 2016-09-09 | CA/LA/0009/2015 |
M.T. “City Elite” & Challenger Maritime Shipping Inc. v. P.T. Bumi Siak Pusako
View More |
Hon. P.R. Walgama, J | Leave to appeal – Admiralty jurisdiction – Action in rem – Arrest of vessel – Charter-party agreement – Crude-oil cargo – Delay in discharge due to malfunctioning CPC pump – Ship-to-ship transfer – Counterclaim – Application for security from plaintiff – Whether security application premature – Possibility of CPC damages claim – High Court order upheld – Leave to appeal refused – Application dismissed with Rs.10,000 costs – High Court directed to proceed with trial. | Admiralty Jurisdiction Act No. 40 of 1983 – section 2(1)(h). | Download |
| 2016-09-09 | CA/PHC/0020/2014 |
Premadasa Ekanayake v. Walakada Gamage Jayathissa, Sriyani Ekanayake & Officer in Charge, Police Station, Nagoda
View More |
Hon. L.T.B. Dehideniya, J | Provincial High Court appeal – Primary Court land dispute – Possession – Lot 1 in survey plan – Disturbance of possession – Magistrate finding respondent in possession – Revision – Exceptional circumstances – Identification of disputed land – Reliance on survey plan and police observations – Revision not intended merely to correct errors – High Court gave no reasons, but result nevertheless correct – Primary Court order affirmed – Revision dismissed. H.C.J. Madawala J. agreed. | Primary Courts’ Procedure Act – section 66; constitutional/Provincial High Court revisionary jurisdiction. | Download |
| 2016-09-09 | CA/0030/2007 |
Ranawake Arachchige Nishantha Alwis v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Murder – Death sentence – Withdrawal of appeal – Request to backdate sentence – Applicability of provision allowing custody pending appeal to count toward imprisonment – Death sentence has no fixed term of imprisonment – Court cannot backdate death penalty – Withdrawal permitted – Application to backdate refused – Appeal dismissed. M.M.A. Gaffoor J. agreed. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – sections 285(1), 323(4), 323(5), 331 and 359. | Download |
| 2016-09-09 | CA/0120/2013 |
Adhikari Appuhamilage Krishan Sampath Rupasinghe v. Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Rash and negligent driving – Death and simple hurt – Container truck and trailer – Excessive speed – Criminal negligence distinguished from civil negligence – Disregard for life and safety of others – Eyewitness evidence – Vehicle crossing centre island after collision – Trained trial judge presumed alive to applicable legal principles – Conviction and sentence affirmed – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Penal Code – sections 298 and 328. | Download |
| 2016-09-09 | CA/WRT/0120/2016 |
Vatapatha Viyannalage Ekman Singho alias Edmon & Others v. National Gem and Jewellery Authority & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Prohibition – Gemming licence – Rival claims to land – Consent judgment – Land Reform Commission interests – Petitioners objecting to licence issued to 6th respondent – Disputed title requiring adjudication by competent court – Licence originally issued following inquiry in 2011 – Petitioners aware of competing licence by 2014 – Delay and laches – Writ relief discretionary – Notice and interim relief refused. | Constitution – Article 140; statutory scheme administered by the National Gem and Jewellery Authority relating to gemming licences. | Download |
| 2016-09-09 | CA/PHC/0030/2014 |
S.M.M. Hilmi v. Deputy Commissioner of Labour, Badulla
View More |
Hon. H.C.J. Madawala, J | Provincial High Court appeal – Labour proceedings – Preliminary objection – Incorrect constitutional provision cited in petition – More importantly appeal lodged outside statutory 14-day period – High Court order dated 23.01.2014 and petition of appeal dated 21.02.2014 – Illness asserted but unsupported by documentation – Appeal clearly out of time – Preliminary objection upheld – Appeal dismissed in limine. L.T.B. Dehideniya J. agreed. | Constitution – Articles 138, 154P(3)(b) and 154P(6); applicable appellate provision requiring an appeal from Provincial High Court to be lodged within 14 days. | Download |
| 2016-09-09 | CA/PHC/0082/2008 |
R.A.H.M. Kusumawathie Rajakaruna v. R.A.H.M. Yamuna Kumari & Others
View More |
Hon. H.C.J. Madawala, J | Provincial High Court writ appeal – State land – Jurisdiction of Provincial High Court – State lands not within Provincial Council List for purposes of writ jurisdiction – Appellant seeking withdrawal – Parties agreeing to fresh administrative inquiry – High Court judgment varied – Divisional Secretary permitted to conduct fresh inquiry with participation of competing parties – Withdrawal allowed without costs – Proceedings terminated. L.T.B. Dehideniya J. agreed. | Constitution – Provincial Council List and provisions concerning Provincial High Court writ jurisdiction; principles concerning State lands. | Download |
| 2016-09-09 | CA/0030/2007 |
Ranawake Arachchige Nishantha Alwis v. Hon. Attorney General
View More |
Hon. K.K. Wickremasinghe, J | Criminal appeal – Murder – Death sentence – Withdrawal of appeal – Request to backdate sentence – Applicability of statutory provision concerning period spent in custody – Distinction between fixed term of imprisonment and death penalty – Appeal withdrawn. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – sections 323(4), 323(5), 359 and 285(1). | Download |
| 2016-09-09 | CA/PHC/0020/2014 |
Premadasa Ekanayake v. Walakada Gamage Jayathissa & Others
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Section 66 information – Possession – Adjoining lands – Survey plan – Disturbed possession – Primary Court finding – Revision in Provincial High Court – High Court dismissing application without reasons – Duty of judge to give reasons – Exceptional circumstances in revision. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; constitutional/statutory revisionary jurisdiction of the Provincial High Court. | Download |
| 2016-09-09 | CA/PHC/0030/2014 |
S.M.M. Hilmi / Colombo Traders v. Deputy Commissioner of Labour, Badulla
View More |
Hon. H.C.J. Madawala, J | Provincial High Court appeal – Preliminary objections – Wrong constitutional provision pleaded – Appeal filed out of time – Fourteen-day appeal period – Unexplained delay – No documentary proof supporting illness – Appeal dismissed in limine. | Constitution – Articles 138, 154P(3)(b) and 154P(6); statutory provisions governing appeals from Provincial High Court judgments and the fourteen-day filing period. | Download |
| 2016-09-09 | CA/PHC/0082/2008 |
R.A.H.M. Kusumawathie Rajakaruna v. R.A.H.M. Yamuna Kumari & Others
View More |
Hon. H.C.J. Madawala, J | State land – Provincial High Court writ jurisdiction – Land not within Provincial Council List – Supreme Court authority on State land – Withdrawal of appeal – Provincial High Court judgment varied – Fresh inquiry before Divisional Secretary – Proceedings terminated. | Constitution – Thirteenth Amendment / Provincial Council List and provisions governing Provincial High Court writ jurisdiction; principles concerning State land. | Download |
| 2016-09-09 | CA/PHC/0246/2004 |
Ranaweera Demodaralage Somadasa v. Abhayananda Dias, Director, Plantation Management and Monitoring Division
View More |
Hon. L.T.B. Dehideniya, J | Government quarters – Recovery of possession – Quit notice – Application for ejectment – Competent authority – Estate leased to plantation company – Magistrate questioning facts stated in statutory application – Conclusive evidentiary effect of application – Eviction. | Government Quarters (Recovery of Possession) Act – sections 4(b) and 6, particularly section 6(1)–(4). | Download |
| 2016-09-08 | CA/WRT/0172/2015 |
Ranjith Ananda Wickremasinghe v. V. Amaratunga, General Manager, Railway Headquarters
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ proceedings – Railway land – Former Udupussellawa railway line – Land subsequently handed to National Housing Development Authority by AGA without Railway Department’s knowledge – Railway Department informing Court that it would no longer claim the land and would not proceed with Magistrate’s Court action No. 56366 – Proceedings terminated on that undertaking. | Constitution – Article 140 writ jurisdiction; no specific substantive statutory provision is identified in the short order. | Download |
| 2016-09-08 | CA/WRT/0172/2015 |
Ranjith Ananda Wickremasinghe v. V. Amaratunga, General Manager, Railway
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Railway land – Magistrate’s Court proceedings – Land formerly vested in Ceylon Government Railway – Land subsequently handed to National Housing Development Authority – Railway Department abandoning claim – Settlement – Respondent agreeing not to continue Magistrate’s Court action – Proceedings terminated. | Constitution – Article 140; law relating to State/Railway land and recovery proceedings. | Download |
| 2016-09-07 | CA/PHC/APN/0052/2015 |
Thotahewage Sukitha Lakmal de Silva v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision of sentence – Abduction of girl under 16 – Statutory rape on two consecutive days – Convictions not challenged – Prosecutrix and accused had been in a consensual relationship – Consent legally irrelevant to offence but relevant to sentence – Maximum 20-year sentences – Judicial discretion in sentencing – Mandatory minimum sentence constitutionally problematic – Circumstances distinguished from forcible rape – Custodial portions set aside – Two years rigorous imprisonment on second charge suspended for ten years – Fines and compensation preserved. P.R. Walgama J. agreed. | Penal Code – section 364(2)(e); Constitution – Articles 4(c), 11 and 12(1). | Download |
| 2016-09-07 | CA/PHC/APN/0061/2011 |
Sivalingam Somasundaram & 5 Others v. Dr. S. Amalanathan, Commissioner of Co-operative Development and Registrar of Co-operative Societies & Others
View More |
Hon. L.T.B. Dehideniya, J | Provincial High Court writ appeal – Co-operative society – Members challenging decision concerning General Body meeting – Earlier action on same facts not disclosed – High Court dismissing writ application and ordering each petitioner to pay Rs.5,000 costs – Subsequent change of Board of Directors – Appeal not pursued on merits – Respondents partly consenting to waiver of costs – High Court costs order set aside – Appeal withdrawn/dismissed subject to variation. H.C.J. Madawala J. agreed. | Provincial High Court writ jurisdiction; the short judgment does not identify a particular substantive statutory provision governing the impugned co-operative decision. | Download |
| 2016-09-07 | CA/PHC/APN/0063/2015 |
Naggarathnam Nagalechchimi alias Rajeshwari v. Officer in Charge, Police Narcotic Bureau & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Aiding and abetting trafficking of 144 grams of heroin – Refusal of bail by High Court – Availability of appeal against final bail order – Revisionary jurisdiction discretionary – Exceptional circumstances required where alternative appeal exists – Long incarceration – Child aged 14 – Presumption of innocence – Long remand alone not exceptional circumstance under narcotics legislation – High Court correctly refused bail – Application dismissed. P.R. Walgama J. agreed. | Poisons, Opium and Dangerous Drugs Ordinance – sections 54 and 83; Constitution – Article 13(5); Civil Procedure Code – section 754(2), as cited in relation to alternative appellate remedy. | Download |
| 2016-09-07 | CA/WRT/0130/2015 |
Muthukumaraswamy Wanniyasekaram v. Board of Trustees of Bhagavan Sri Satya Sai Central Trust of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Incorporated religious trust – Petitioner claiming resignation as trustee was tendered under duress and later withdrawn – Whether incorporation by Act of Parliament makes trustees amenable to writ jurisdiction – Public law/private law distinction – No statutory or public function affecting petitioner’s rights – Absence of sufficient public element – Judicial review unavailable – Approximately six-year delay following resignation also adverse to petitioner – Writ relief refused. | Constitution – Article 140; Board of Trustees of the Bhagavan Sri Sathya Sai Central Trust of Sri Lanka (Incorporation) Act No. 38 of 2007 – sections 5 and 12. | Download |
| 2016-09-07 | CA/WRT/0265/2016 |
Sachin Kavinda Fernando v. Sarachchandra Silva & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | School cricket – Under-19 tournament – Change of age criterion – Certiorari and Mandamus – Legitimate expectation – Public interest litigation – Earlier circular purported to alter age limit to under 20 – Decision had not been validly taken by competent executive committee of Sri Lanka Schools Cricket Association – Invalid administrative communication cannot create a legally enforceable legitimate expectation – Subsequent communication restoring under-19 rule could not be quashed – ICC/Sri Lanka Cricket age rules – Writ relief refused. | Constitution – Article 140; Constitution of the Sri Lanka Schools Cricket Association – clauses 3, 11, 24.2 and 30.2; applicable ICC/Sri Lanka Cricket rules; Ministry of Education Circular No. ED/9/15/2/2/2 dated 13.07.2016. | Download |
| 2016-09-07 | CA/PHC/APN/0052/2015 |
Thotahewage Sukitha Lakmal de Silva v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision of sentence – Abduction of girl under 16 – Statutory rape – Two rape charges – Consent legally immaterial to conviction – Consensual relationship relevant to sentence – Maximum custodial sentence – Judicial discretion in sentencing – Mandatory minimum sentence – Custodial sentence set aside while fines and compensation retained. | Penal Code – section 364(2)(e); Constitution – Articles 4(c), 11 and 12(1); principles arising from SC Reference No. 03/2008 on mandatory minimum sentences. | Download |
| 2016-09-07 | CA/PHC/APN/0061/2011 |
Sivalingam Somasundaram & 5 Others v. Dr. S. Amalanathan, Commissioner of Co-operative Development & Registrar of Co-operative Societies & Others
View More |
Hon. L.T.B. Dehideniya, J | Writ appeal – Co-operative society – General Body meeting – Earlier action not disclosed – High Court dismissing writ application and awarding costs – Change in circumstances while appeal pending – New Board of Directors – Appeal not pursued on merits – Costs set aside – Withdrawal of appeal. | Provincial High Court writ jurisdiction; Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; applicable Co-operative Societies law. | Download |
| 2016-09-07 | CA/PHC/APN/0063/2015 |
Naggarathnam Nagalechchimi alias Rajeshwari v. Officer in Charge, Police Narcotic Bureau & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Aiding and abetting trafficking of 144 grams of heroin – Refusal of bail as final order – Alternative remedy by appeal – Exceptional circumstances – Long incarceration – Child aged 14 – Fair-trial argument – Presumption of innocence – Mandatory remand for narcotics offences. | Poisons, Opium and Dangerous Drugs Ordinance – sections 54 and 83; Constitution – Articles 13(1), 13(4), 13(5) and 15(7); revisionary jurisdiction. | Download |
| 2016-09-07 | CA/WRT/0130/2015 |
Muthukumaraswamy Wanniyasekaram v. Board of Trustees of Bhagavan Sri Satya Sai Central Trust of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Religious trust – Resignation from Board of Trustees – Alleged duress – Withdrawal of resignation – Statutory incorporation – Public duty – Whether writ jurisdiction applies to internal affairs of incorporated private/religious body – Public-law versus private-law function. | Constitution – Article 140; legislation incorporating the Bhagavan Sri Sathya Sai Central Trust of Sri Lanka; principles governing Certiorari and Mandamus against statutory bodies. | Download |
| 2016-09-06 | CA/WRT/0294/2007 |
Herath Mudiyanselage Kapuru Menika v. Land Commissioner General & Others
View More |
Hon. L.U. Jayasuriya, J | Writs of Certiorari and Prohibition – State land permit – Cancellation of permit – Cultivation and development conditions – Failure to cultivate land – Notice and inquiry – Fair hearing – Land Development Ordinance – Permit-holder’s admissions – Attempts by private respondents to take land not attributable to Government – Administrative cancellation upheld – Application dismissed with costs – Judgment also stated to apply to connected CA Writ Application No. 295/2007. | Constitution – Article 140; Crown Lands Ordinance No. 8 of 1847; Land Development Ordinance – section 106 and provisions governing cancellation of permits. | Download |
| 2016-09-06 | CA/0040/2010 |
Thangiah Sathyaseelan alias Shakthi v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Murder – Death sentence – Mandatory criminal procedure – Failure to comply with procedure concerning statements made at non-summary inquiry – Trial Judge’s extensive intervention in examination of witnesses – Leading and irrelevant questions – Adversarial criminal trial – Fundamental right of accused to trial according to prescribed procedure – State consenting to retrial – Conviction not allowed to stand – Retrial ordered on priority basis. K.K. Wickremasinghe J. agreed. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – section 199(3); Evidence Ordinance – section 165. | Download |
| 2016-09-06 | CA/PHC/0119/2009 |
S.M. Sudubanda v. Tennakumbura Agrarian Services Committee & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – Tenant cultivator – Paddy land – Offer of land to tenant cultivator – Valuation – Agrarian authorities – Certiorari and Mandamus – Jurisdiction of Provincial High Court – Decision of Commissioner General of Agrarian Services – High Court held to be without jurisdiction over subject matter – No error in High Court order – Appeal dismissed without costs. L.T.B. Dehideniya J. agreed. | High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11; Constitution – Articles 138, 139 and 154P(4); Agrarian Development Act No. 46 of 2000 – sections 2(1) and 8. | Download |
| 2016-09-06 | CA/0294/2007 |
Herath Mudiyanselage Kapuru Menika v. Land Commissioner General & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari and Prohibition – State land permit – Cancellation of permit – Failure to cultivate and develop land – Permit conditions – Paddy land – Notice prior to cancellation – Admissions by permit holder – Attempts by private respondents to take possession – Government responsibility – Validity of cancellation. | Constitution – Article 140; Land Development Ordinance – section 106; Crown Lands Ordinance No. 8 of 1847; conditions governing State-land permits. | Download |
| 2016-09-06 | CA/0040/2010 |
Thangiah Sathyaseelan alias Shakthi v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Murder – Death sentence – Mandatory criminal trial procedure – Statements of accused at non-summary inquiry – Trial judge questioning witnesses – Judge descending into arena – Adversarial criminal justice – Irregularity affecting conviction – Retrial. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – section 199(3); Evidence Ordinance – section 165. | Download |
| 2016-09-06 | CA/PHC/0119/2009 |
S.M. Sudubanda v. Tennakumbura Agrarian Services Committee & Others
View More |
Hon. P.R. Walgama, J | Certiorari and Mandamus – Paddy land – Tenant cultivator – Agrarian Services Committee – Dispute concerning cultivator\'s rights – Provincial High Court writ jurisdiction – Administrative decision – Agrarian rights. | Constitution – Articles 138, 139 and 154P(4); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11; applicable agrarian legislation. | Download |
| 2016-09-06 | CA/WRT/0358/2014 |
S.M.R.K. Gonsal v. Jagath P. Wijeweera, Director General of Customs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Customs inquiry – Settlement – Petitioner seeking withdrawal after Customs agreed to delete part of inquiry officer’s determination – Complete settlement – Withdrawal of proceedings – Application dismissed without costs. | Constitution – Article 140; Customs Ordinance; Customs Case ACT/CASE/26/2008/CCR/770. | Download |
| 2016-09-05 | CA/0427/1999 |
Masa Arachchilage Jayantha Wickramasinghe & Manuel Peiris Waduge Newton Clarence Godwin Peiris v. Herath Mudiyanselage Kiri Banda
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal – Negligence – Motor accident – Employer and employee – Ex parte judgment – Service of summons – Application to set aside ex parte judgment – Fiscal/process-server’s report – Defendant denying service – Duty to call process-server where service is challenged – Hearsay – Reasonable grounds for default – District Court refusing to set aside judgment – Defendants permitted to file answers – Matter remitted for trial. | Civil Procedure Code – section 86(2); Evidence Ordinance – hearsay principles. | Download |
| 2016-09-05 | CA/0427/1999(F) |
Masa Arachchilage Jayantha Wickramasinghe & Manuel Peiris Waduge Newton Clarence Godwin Peiris v. Herath Mudiyanselage Kiri Banda
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal – Ex parte judgment – Negligent driving – Employer and employee – Damages for death – Summons duly served – Failure of defendants to appear – Application to set aside ex parte judgment – Sufficient cause – Procedural requirements for purging default. | Civil Procedure Code – provisions governing ex parte judgments and applications to set aside default judgments; delict/tort principles relating to negligence and vicarious liability. | Download |
| 2016-09-02 | CA/0149/2009 |
Thuiyadura Lestan Silva & Appuwa Handi Premawardena v. Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Robbery of gold jewellery – Common intention – Identification of accused – Child witness – Dock identification distinguished from identification parade – Night-time identification – Adequacy of lighting – Opportunity for observation – Evidence of deceased’s wife – Test of visual identification – Omissions and contradictions – First accused dying while appeal pending – Appeal of second accused – Common intention under section 32 – Conviction and sentence affirmed – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Penal Code – sections 296, 383 and 32; Evidence Ordinance. | Download |
| 2016-09-02 | CA/WRT/0208/2013 |
Abeyasinghe Arachchige Asoka v. R.P.R. Rajapaksha, Commissioner General of Land & Others
View More |
Hon. A.H.M.D. Nawaz, J | Judicial review – State land grant – Nominated successor – Petitioner named as successor to father’s grant – Divisional Secretary subsequently creating joint ownership with rival claimant – Disputed facts concerning alleged consent – Whether oral evidence required – Court distinguishing factual dispute from pure question of statutory legality – Land Development Ordinance did not authorize creation of co-ownership – Administrative action ultra vires – Certiorari issued quashing joint-ownership decision – Mandamus issued directing authorities to endorse petitioner’s name on grant or issue fresh grant. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Land Development Ordinance – sections 48, 72 and 87. | Download |
| 2016-09-02 | CA/1269/2000(F) |
Danthika Lakshamani Abeywardena Wickramasinghe & Chinthanika Abeywardena Wickramasinghe v. Hettiarachchige Sunny de Alwis & Others
View More |
Hon. A.H.M.D. Nawaz, J | Joint bank account – Fixed deposit – Death of joint account holder – Mutual last will – Rights of surviving account holder – Beneficial ownership of funds – Testamentary disposition – Joint will distinguished from mutual will – Undisposed property – Intention of deceased depositor – Survivorship. | Law of succession and wills; principles governing joint bank accounts, survivorship and mutual wills; testamentary law. | Download |
| 2016-09-02 | CA/WRT/0208/2013 |
Abeyasinghe Arachchige Asoka v. R.P.R. Rajapaksha, Commissioner General of Land & Others
View More |
Hon. A.H.M.D. Nawaz, J | Certiorari and Mandamus – State land – Land Development Ordinance – Nominated successor – Grant issued to father – Competing claim by alleged son – Joint ownership improperly conferred – Succession to holding – Registration of successor – Judicial review of Divisional Secretary’s decision. | Constitution – Article 140; Land Development Ordinance – sections 72 and 87 and statutory provisions governing nomination and succession to State-land grants. | Download |
| 2016-09-02 | CA/1269/2000(F) |
Danthika Lakshamani Abeywardena Wickramasinghe & Chinthanika Abeywardena Wickramasinghe v. Hettiarachchige Sunny de Alwis & Others
View More |
R.R. Somawathie v. Don Harold Stassen Jayawardena | Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title – Ejectment – Plaintiff relying on deed derived from partition decree – Defendant originally occupying as caretaker/licensee – Claim of half share by prescription – Alleged promise to transfer land – Adverse possession – When possession of agent/licensee becomes adverse – Improvements and compensation – Burden on defendant to establish superior prescriptive title. | Download |
| 2016-09-01 | CA/PHC/0126/2003 |
Mohamed Uwais v. Thangavelu Murugaiaya
View More |
Hon. H.C.J. Madawala, J | Primary Court land dispute – Forcible dispossession – Land Reform Commission land – Section 66 proceedings – Breach or likelihood of breach of peace – Primary Court finding of possession – Revision – Exceptional circumstances – Appellant absent and unrepresented – Appeal dismissed. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b); Provincial High Court revisionary jurisdiction. | Download |
| 2016-08-31 | CA/0002/2000 |
Neina Marikkar Umma Suleyha / Mohamad Tawufeek Zeenathul Munauvara (Substituted Plaintiff-Appellant) v. Rathubadalge Ensohami & Others
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Ejectment – Land ownership admitted – Permissive occupation – Leave and licence – Prescription – Whether licensee can acquire prescriptive title – Ouster – Partition decree – Compensation – Ten-year limitation on execution of decree – No specified date for payment – Rent Act protection – Inconsistent positions – Estoppel – Tenant/licensee estoppel – Accession – House built on another\'s land – Superficies solo cedit – Bona fide/mala fide improver – Compensation for improvements – Jus retentionis – Defendant unable to prescribe against admitted owner – District Court judgment set aside – Judgment entered for plaintiff. | Civil Procedure Code – section 337(1), as amended by Act No. 53 of 1980; Evidence Ordinance – sections 115 and 116; Rent Act; Roman-Dutch law principles of accession and improvements. | Download |
| 2016-08-31 | CA/0071/2013 |
Nadaraja Chithrawel v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Murder – Death sentence – Mandatory procedural safeguard – Jury option – Failure to give accused jury option – Non-compliance at service of indictment and commencement of trial – Fundamental irregularity in criminal trial – Conviction and sentence set aside – Case remitted to High Court of Batticaloa – Trial de novo. | Penal Code – section 296; Code of Criminal Procedure – section 195(ee). | Download |
| 2016-08-31 | CA/0642/2000 |
S.D. Ajith Nandana Kumara v. T.G. Sarojini Wimalasuriya
View More |
Hon. A.H.M.D. Nawaz, J | Civil procedure – Answer filed by defendant – Failure of defendant/Registered Attorney to subscribe answer – Whether unsigned answer constitutes no answer – Ex parte trial – Rejection or return of answer – Curable procedural irregularity – Distinction between signature requirement and substantive particulars of answer – Mandatory versus directory provisions – Expressio unius est exclusio alterius – Procedural law to advance justice – Defect not affecting jurisdiction or merits – Actus curiae neminem gravabit – Party should not suffer by act of court – Ex parte judgment and subsequent order vacated – Appeal allowed – Defendant permitted to sign existing answer – Trial directed to proceed on issues already raised. | Civil Procedure Code – sections 75, 76 and 77. | Download |
| 2016-08-31 | CA/0726/1998 |
Madduma Achariyage Dayaratna alias Paulis v. Henrita Hettiarchchi
View More |
Hon. P.R. Walgama, J | Civil appeal – Declaration of title and ejectment – Prescription pleaded by defendant – Preliminary objection to maintainability of appeal – Notice of appeal – Signature of Registered Attorney – Signature differing from signatures on other court documents – Existing proxy – Validity of notice of appeal – No satisfactory explanation for signature discrepancy – Compliance with appellate procedure – Technical requirements of appeal – Preliminary objection upheld – Appeal dismissed in limine without costs. L.T.B. Dehideniya J. merely stated “I agree” and is therefore not listed as the delivering judge. | Civil Procedure Code – sections 27(2) and 755. | Download |
| 2016-08-31 | CA/PHC/0091/2008 |
Senior Manager, Offshore Branch, People’s Bank v. Ashiq Cader Mohamed Lafir, Muhammed Rozan Jifry & Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Trust receipts – Banking facility – Recovery of amounts advanced under trust receipts – Criminal liability – Failure to repay money distinguished from breach of statutory undertakings – Whether non-payment constitutes offence – Additional contractual undertakings – Private plaint in Magistrate’s Court – Company as borrower – Failure to make company a party – Directors’ liability – Final order of Magistrate – Availability of appeal – Improper invocation of revision where appeal available – Requirement of exceptional circumstances – Revisionary jurisdiction – Appeal dismissed without costs. | Trust Receipts Ordinance No. 12 of 1947 – sections 3(2), 3(3) and 4(1)(iv), as amended by Act No. 13 of 1990; Code of Criminal Procedure Act – section 136(1); People’s Bank legislation referred to on the caption. | Download |
| 2016-08-31 | CA/0071/2013 |
Nadaraja Chithrawel v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Criminal appeal – Murder – Death sentence – Mandatory jury option – Failure to offer jury trial option when indictment served and when trial commenced – Fundamental procedural non-compliance – Conviction and sentence set aside – Record remitted to High Court – Trial de novo. S. Devika De L. Tennekoon J. only stated “I agree.” | Penal Code – section 296; Code of Criminal Procedure – section 195(ee). | Download |
| 2016-08-31 | CA/0002/2000 |
Neina Marikkar Umma Suleyha / substituted Plaintiff-Appellant v. Rathubadalge Ensohami / substituted Defendant-Respondents
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title and ejectment – House built on another’s land – Leave and licence – Prescription claimed only to house – Doctrine superficies solo cedit – Improvements to property – Bona fide/mala fide improver – Estoppel – Defendant acknowledging plaintiff’s ownership – Rent Act issue. | Evidence Ordinance – section 116; Prescription law; Roman-Dutch law concerning fixtures/improvements and superficies solo cedit; Rent Act. | Download |
| 2016-08-31 | CA/0071/2013 |
Nadaraja Chithrawel v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Murder – Death sentence – Failure to give accused mandatory option of trial by jury – Jury option omitted both when indictment served and when trial commenced – Fundamental procedural irregularity – Conviction and sentence set aside – Trial de novo ordered. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – section 195(ee). | Download |
| 2016-08-31 | CA/PHC/0091/2008 |
Senior Manager, Offshore Branch, People’s Bank v. Ashiq Cader Mohamed Lafir, Muhammed Rozan Jifry & Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Trust receipts – Banking facility – Failure to repay monies advanced under trust receipts – Criminal proceedings against company directors – Whether failure to pay debt amounts to breach of statutory undertaking – Maintainability of Magistrate’s Court prosecution – Distinction between civil debt and offence under Trust Receipts Ordinance. | Code of Criminal Procedure Act No. 15 of 1979 – section 136(1); Trust Receipts Ordinance No. 12 of 1947 – sections 3(2), 3(3) and 4(1)(iv), as amended by Act No. 13 of 1990. | Download |
| 2016-08-30 | CA/1285/1996 |
Lloyed Mendis Wickramarathne v. Nigamuni Sujith Chandralal Mendis & Others
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal – Preliminary objection to maintainability – Notice of appeal – Petition of appeal – Registered Attorney-at-Law – Absence of attorney\'s printed/name identification – Signature of registered attorney – Identity ascertainable from proxy and court record – No prejudice to respondent – Procedural irregularity – Substantial compliance – Liberal construction of procedural statutes – Substantive right of appeal – Procedural rules intended to advance justice – Technical defect not fatal – Access to appellate justice. The Court held that the omission of the registered attorney\'s name, where his identity and signature could otherwise be established, was not a fatal irregularity warranting dismissal of the appeal. | Civil Procedure Code – sections 27(1), 755(1), 755(2), 755(3) and 758. | Download |
| 2016-08-30 | CA/0142/2009 |
Wijesinghe Arachchige Gamini v. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Murder – Soldier shooting senior officer with service weapon – Prior animosity – Love affair – Harassment by deceased – Grave and sudden provocation – Sudden fight – Cumulative/continuing provocation – Heat of passion – Absence of premeditation – Objective test for loss of self-control – Burden of proving exception on balance of probabilities – Trial judge’s duty to consider lesser verdict even if not expressly pleaded – Murder reduced to culpable homicide not amounting to murder – Death sentence set aside – 15 years rigorous imprisonment imposed – Sentence directed to operate from original sentencing date – Appeal otherwise dismissed. | Penal Code – sections 294 and 296, including Exception 4; Evidence Ordinance – sections 3 and 105; Constitution – Article 137. | Download |
| 2016-08-30 | CA/PHC/0094/2013 |
Iluwalayalage Gedara Kusum Thilak Wijeratne / Wijaya Concrete Works v. Hon. Attorney General & Others
View More |
Hon. P.R. Walgama, J | Forest offence – Transportation of illicit timber without permit – Guilty plea by accused – Vehicle confiscation – Registered owner’s claim – Failure of owner to attend confiscation inquiry – Explanation of vehicle breakdown – Evidence tendered later – Revisionary jurisdiction – Exceptional circumstances – New material not produced before Magistrate – Negligence in prosecuting proceedings – Scope of revision as extraordinary supervisory remedy – No valid basis to interfere with Magistrate or High Court – Appeal dismissed with Rs. 10,000 costs. | Forest Ordinance No. 56 of 1979 – sections 24 and 40(1), as amended by Act Nos. 13 of 1982, 84 of 1988 and 23 of 1995; Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 4. | Download |
| 2016-08-30 | CA/PHC/0154/2010 |
Castle Textile Industries v. Deputy Commissioner of Labour
View More |
Hon. P.R. Walgama, J | Employees’ Provident Fund – Employer’s liability to contribute – Recovery certificate – EPF contributions and surcharge – Admission of liability – Payment by instalments – Subsequent default – Challenge to sufficiency of particulars in certificate – Employee names and remuneration – Requirement to adequately identify employees – Material prejudice – Employer having admitted liability cannot belatedly challenge certificate on appeal – Revision before Provincial High Court – Appeal dismissed with Rs. 10,000 costs. L.T.B. Dehideniya J. agreed. | Employees’ Provident Fund Act No. 15 of 1958 – sections 38(1) and 38(2), as amended by Act No. 8 of 1971; High Court of the Provinces (Special Provisions) Act No. 19 of 1990. | Download |
| 2016-08-30 | CA/TR/0001/2016 |
Induruwa Bandarage Malani & 4 Others v. Nimal Siriwardhane
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Transfer application – District Court proceedings – Transfer from District Court of Mount Lavinia – Plaintiff a senior practitioner at Mount Lavinia District Court – Consent/no objection by both parties – Interest in ensuring appearance of impartiality – Transfer to District Court of Colombo – Registrar directed to communicate transfer order – Application allowed. P. Padman Surasena J. agreed. | Judicature Act No. 2 of 1978 – section 46. | Download |
| 2016-08-30 | CA/PHC/0154/2010 |
Castle Textile Industries v. Deputy Commissioner of Labour
View More |
Hon. P.R. Walgama, J | Employees’ Provident Fund – Recovery of contributions and surcharge – Certificate filed in Magistrate’s Court – Employer admitting liability and paying instalments – Challenge to particulars in statutory certificate – Attempt to raise new ground during appeal – Liability to contribute EPF – High Court revision. | Employees’ Provident Fund Act No. 15 of 1958 – section 38, particularly sections 38(1) and 38(2), as amended by Act No. 8 of 1971. | Download |
| 2016-08-30 | CA/0142/2009 |
Wijesinghe Arachchige Gamini v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Murder – Soldier shooting senior officer with service weapon – Previous animosity concerning girlfriend – Provocation – Sudden fight – Whether murder should be reduced to culpable homicide not amounting to murder – Duty of trial judge to consider lesser verdict even where exception not expressly pleaded – Exception 4 to murder. | Penal Code – sections 294 and 296, including Exception 4; Evidence Ordinance – sections 3 and 105. | Download |
| 2016-08-30 | CA/PHC/0094/2013 |
Iluwalayalage Gedara Kusum Thilak Wijeratne / Wijaya Concrete Works v. Hon. Attorney General & Others
View More |
Hon. P.R. Walgama, J | Vehicle confiscation – Transportation of illicit timber without permit – Accused pleading guilty – Registered vehicle owner absent at confiscation inquiry – Magistrate confiscating vehicle – Revision – Rights of innocent owner – Requirement to establish absence of knowledge and precautions – Forest offence. | Forest Ordinance – sections 24 and 40(1), as amended by Acts Nos. 13 of 1982, 84 of 1988 and 23 of 1995; Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 4. | Download |
| 2016-08-29 | CA/PHC/0051/2016 |
Kuruppu Mohottalalage Ravindra Bandara v. Wasthu Kankanamalage Nalaka Gunathilake & OIC, Police Station, Ratnapura
View More |
Hon. P.R. Walgama, J | Primary Court dispute – Boutique/business premises – Breach of peace – Possession within two months preceding dispute – Magistrate’s determination of possession – Revision application before Provincial High Court – Dismissal for absence of petitioner – Attempt subsequently to reopen dismissed revision – Finality of dismissed revision application – Matter cannot simply be fixed again for argument – Appeal found unmeritorious – Appeal dismissed without costs. The cover page expressly gives CA (PHC) 51/2016, notwithstanding an apparent “51-2010” reference later in the judgment; I have therefore used the case number stated on the formal first page. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a). | Download |
| 2016-08-29 | CA/PHC/0133/2010 |
Jayasundara Mudiyanselage Mallika Gunarathne alias Jayasundara Mudiyanselage Mallika Gunarathne Menike v. Divisional Secretary, Kobeigane & Others
View More |
Hon. P.R. Walgama, J | Writ of Certiorari – State grant – Land Development Ordinance – Road reservation – Lot 142 shown as roadway – Obstruction of access – Use of road reservation for poultry farm/cultivation – State land – Provincial High Court writ jurisdiction – Limits imposed by Thirteenth Amendment – Matters concerning State land outside writ jurisdiction of Provincial High Court – State land and Provincial Council List – Application devoid of merit – Appeal dismissed with Rs. 5,000 costs. Although the originating proceeding was a writ application, the Court of Appeal case number is expressly CA(PHC) 133/2010, so I have retained PHC in the formatted case number. | Constitution – Article 154P(4)(b), Thirteenth Amendment and Ninth Schedule; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 7; Land Development Ordinance – section 19(4). | Download |
| 2016-08-29 | CA/PHC/0051/2016 |
Kuruppu Mohottalalage Ravindra Bandara v. Wasthu Kankanamalage Nalaka Gunathilake & Officer in Charge, Police Station, Ratnapura
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Boutique/shop premises – Section 66 information – Breach of peace – Possession during two months before dispute – Magistrate awarding possession to second party – High Court revision dismissed for non-appearance – Attempt to reopen dismissed revision – Finality of dismissed proceedings – Appeal rejected. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a); Provincial High Court revisionary jurisdiction. | Download |
| 2016-08-29 | CA/PHC/0133/2010 |
Jayasundara Mudiyanselage Mallika Gunarathne alias Jayasundara Mudiyanselage Mallika Gunarathne Menike v. Divisional Secretary, Kobeigane & Others
View More |
Hon. P.R. Walgama, J | Certiorari and Mandamus – State grant – Roadway shown as Lot 142 – Petitioner using portion as poultry farm/cultivation – Obstruction of access – State land – Provincial High Court jurisdiction – Thirteenth Amendment – State land not within Provincial List – High Court lacked writ jurisdiction. | Constitution – Article 154P(4)(b), Thirteenth Amendment and Ninth Schedule; Land Development Ordinance – section 19(4). | Download |
| 2016-08-12 | CA/PHC/0132/2005 |
Hiniduma Vithanage Sangadasa & Weliwita Maharalalage Don Chandrika v. Warahena Liyanage Ariyarathna
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Possession – Banana cultivation on disputed land – Complaint of encroachment – Evidence of burial of family members on land – Documentary evidence regarding possession – Magistrate placing first-party respondent in possession – Revision before Provincial High Court – Scope of appellate interference with concurrent factual findings – Magistrate and High Court orders upheld – Appeal dismissed with Rs. 5,000 costs. | Primary Courts’ Procedure Act – section 66; Constitution, Article 154(3)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11. | Download |
| 2016-08-12 | CA/0191/2002 |
Mohamed Aboobakar Ibrahim v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Rape charge – Conviction for grave sexual abuse instead of indicted offence – Amendment/substitution of charge after closure of prosecution and defence cases – Distinction between rape and grave sexual abuse – Grave sexual abuse not a lesser offence of rape – Cognate offences with distinct ingredients – Accused not informed of new charge – Denial of opportunity to defend – Grave procedural irregularity – Prejudice to accused – Proviso relating to failure of justice not applicable – Conviction and sentence set aside – Retrial ordered. K.K. Wickramasinghe J. agreed. | Penal Code – section 364(2)(e) and provisions relating to grave sexual abuse, referred to as section 365/365B in the judgment, as amended by Act No. 22 of 1995; Code of Criminal Procedure Act – sections 175, 177, 178 and 334; Constitution – Article 138. | Download |
| 2016-08-12 | CA/WRT/0233/2016 |
M.P. Salgadu & M.D. Dammika Fernando v. Director General of Customs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Importation of motor vehicle – Vehicle allegedly imported for private use – Petitioners partners of vehicle importing company – Import-control regulation – Failure to substantiate personal-use purpose by contemporaneous documentation – Letter of credit – Subsequent appeal to Minister – Customs determination – Evidentiary insufficiency – Requirements of Regulation 1(c) not satisfied – No reason to interfere with Director General of Customs – Notices refused. | Gazette No. 1949/29/1 dated 12 January 2016 – Regulation 1(c). The short order does not expressly identify the enabling Act. | Download |
| 2016-08-12 | CA/PHC/0159/2006 |
W.M. Robert Gunawardane v. W.M. Amarasinghe & Others
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Access road to threshing floor – Obstruction – Complaint to police – Information filed more than two months after alleged obstruction – Section 68(3) two-month requirement – Long-standing dispute – Threatened breach of peace – High Court setting aside Magistrate’s order – No basis for appellate interference – Appeal dismissed without costs. | Constitution – Article 138; Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and 68(3). | Download |
| 2016-08-12 | CA/PHC/0132/2005 |
Hiniduma Vithanage Sangadasa & Weliwita Maharalalage Don Chandrika v. Warahena Liyanage Ariyarathna
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Section 66 information by police – Competing possession claims – Banana cultivation – Documents and witness testimony – Magistrate finding first party in possession – High Court revision – Appellate interference with factual findings – Possession rather than title. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Constitution – Article 154P(3)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11. | Download |
| 2016-08-12 | CA/0191/2002 |
Mohamed Aboobakar Ibrahim v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Accused indicted for rape – Trial Judge convicted for grave sexual abuse instead – Amendment/substitution of charge after prosecution and defence cases closed – Grave sexual abuse not lesser offence of rape – Cognate offences – Accused not given opportunity to defend new charge – Grave irregularity and error of law – Prejudice to accused. | Penal Code – sections 364(2)(e) and 365B; Penal Code (Amendment) Act No. 22 of 1995; Code of Criminal Procedure Act No. 15 of 1979 – sections 175, 177 and 178. | Download |
| 2016-08-12 | CA/WRT/0233/2016 |
M.P. Salgadu & M.D. Dammika Fernando v. Director General of Customs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Importation of motor vehicle – Private-use exemption – Partners of vehicle-importing company – Failure to produce documentation establishing vehicle imported for personal use – Letter of credit – Appeal to Minister – Customs decision – Gazette requirements not satisfied – Court declining to interfere – Notices refused. | Gazette No. 1949/29/1 dated 12 January 2016 – Regulation 1(c); Constitution – Article 140. | Download |
| 2016-08-10 | CA/WRT/0115/2014 |
S K N Tec Lanka (Private) Limited v. Commissioner General of Labour & Others
View More |
Hon. P. Padman Surasena, J | Writ of Certiorari – Termination of employment – Nine workmen – Reinstatement with back wages – Commissioner General of Labour – Whether termination of service established – Formal labour inquiry – Notice and opportunity to participate – Employer’s representative – Refusal to take workmen back – Employees’ affidavits – Employer’s failure to participate in subsequent inquiry – Opportunity to submit evidence – Administrative determination on available material – Natural justice – No basis to quash reinstatement order – Application dismissed without costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, as amended – section 6. | Download |
| 2016-08-10 | CA/WRT/0115/2014 |
S K N Tec Lanka (Private) Limited v. Commissioner General of Labour & Others
View More |
Hon. P. Padman Surasena, J | Certiorari – Termination of employment – Nine workmen – Commissioner of Labour ordering reinstatement with back wages – Whether services had actually been terminated – Evidence at labour inquiry – Employer’s representative declining to take workmen back – Statutory termination – Judicial review of Commissioner’s determination. | Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, as amended – section 6; Constitution – Article 140. | Download |
| 2016-08-09 | CA/WRT/0228/2013 |
N.H.G. Damith Saliya Nanayakkara v. Nimal Abeysiri, District Secretary of Polonnaruwa & Others
View More |
Hon. P. Padman Surasena, J | Writs of Certiorari and Mandamus – Land Development Ordinance – Paddy land – Permit followed by Presidential Grant – Nomination of successor – Registered nominations – Succession following death of grantee and nominated successor – Competing claim by descendant of eldest son – Application of nominated-successor provisions – Section 72 inapplicable where valid nominee has succeeded – Administrative transfer to wrong successor – Ultra vires – Lawful ownership of petitioner and 4th Respondent – Certiorari quashing transfer – Mandamus compelling cancellation of transfer – Application allowed – No costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Land Development Ordinance – sections 49 and 72. | Download |
| 2016-08-09 | CA/WRT/0228/2013 |
N.H.G. Damith Saliya Nanayakkara v. Nimal Abeysiri, District Secretary of Polonnaruwa & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Paddy land – Permit and Presidential Grant – Nomination and registration of successors – Transfer of ownership – Competing succession claim – Divisional Secretary transferring land to descendant of eldest son – Registered nominated successors – Statutory succession under Land Development Ordinance – Validity of transfer. | Land Development Ordinance – sections 49 and 72 and provisions governing nominated successors and devolution of holdings; Constitution – Article 140. | Download |
| 2016-08-08 | CA/0309/2000 |
Widyaratna Ganithalage Chandrawathie / Weerasangali Durayalage Dilani Manjula (Substituted Plaintiff-Appellant) v. Weerasangali Durayalage Jayasena
View More |
Hon. A.H.M.D. Nawaz, J | Law of delict – Seduction – Promise of marriage – Sexual intercourse induced by representation of marriage – Virgo intacta – Corroborative evidence – Evidence of plaintiff\\\'s sister – False exculpatory story – Lies as corroboration – Assessment of credibility – Misdirection by trial judge – Damages for seduction – Pregnancy and birth of child – Death of original plaintiff pending appeal – Transmissibility of action to estate – Damages awarded to substituted plaintiff representing estate – District Court judgment set aside – Appeal allowed – Rs. 100,000 damages awarded. | No specific statutory provision is identified as the basis of the decision in the judgment. The Court principally applies the Roman-Dutch/common law of delict relating to seduction and damages. | Download |
| 2016-08-08 | CA/PHC/0136/2005 |
Peduru Hakuru Renuka Damayanthi v. Ratnayake Mendis
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Encroachment – Erection of fence – Likelihood of breach of peace – Possession of disputed land – Land under control of Land Reform Commission – Competing claims to possession – Prior determination by Land Reform Commission – Allocation of 10 perches to petitioner and balance to respondent – Suppression/non-disclosure of material fact – Attempt to relitigate dispute already settled administratively – Magistrate’s order – Revision before Provincial High Court – Appeal dismissed without costs. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b); Land Reform Commission framework referred to in the judgment. | Download |
| 2016-08-08 | CA/WRT/0136/2013 |
Rajapaksage Dharmasiri Ranasinghe v. Commissioner General of Lands & Others
View More |
Hon. P. Padman Surasena, J | Writs of Certiorari and Mandamus – Land Development Ordinance – State land permit – Lawful successor – Cancellation of permit – Breach of permit conditions – Show-cause notice – Statutory inquiry – Duty to hear evidence – Failure to consider permit-holder’s explanation – Administrative decision merely repeating allegations – Procedural fairness – Appeal to Land Commissioner – Right of appeal – Natural justice – Failure to afford hearing at appellate stage – Wide appellate powers of Land Commissioner – Administrative illegality – Certiorari granted – Cancellation order and appellate decision quashed – Application allowed without costs. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Land Development Ordinance – sections 19(2), 106, 109(2), 110, 113, 114 and 115. | Download |
| 2016-08-08 | CA/PHC/APN/0020/2016 |
Lansage Basil v. Officer in Charge, Police Station Piliyandala, Hon. Attorney General & Lansage Nirmal
View More |
Hon. H.C.J. Madawala, J | Revision – Bail – Heroin trafficking and possession – Father filing revision on behalf of accused son – Locus standi – Person aggrieved – Whether parent of accused can maintain revision application – Extraordinary and discretionary revisionary jurisdiction – Accused himself as proper aggrieved person – Absence of written authority from accused – Bail under dangerous drugs legislation – Exceptional circumstances – High Court refusal of bail upheld – Preliminary objection sustained – Revision application dismissed with State costs. L.T.B. Dehideniya J. agreed. | Constitution – Article 138; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Poisons, Opium and Dangerous Drugs Ordinance No. 17 of 1929 – sections 54A(c) and 83(1); Judicature Act – section 16(2) and 16(3); Bail Act No. 13 of 1997. | Download |
| 2016-08-08 | CA/0309/2000 |
Widyaratna Ganithalage Chandrawathie / substituted Plaintiff-Appellant v. Weerasangali Durayalage Jayasena
View More |
Hon. A.H.M.D. Nawaz, J | Seduction – Damages – Promise of marriage – Sexual relationship – Plaintiff alleging forcible first intercourse and subsequent intimacy – Child born from relationship – District Court accepting seduction but refusing damages – Assessment of evidence – Legal principles governing action for seduction and damages. | General civil law governing seduction, breach of promise and damages; evidentiary principles applicable to proof of seduction. | Download |
| 2016-08-08 | CA/PHC/0136/2005 |
Peduru Hakuru Renuka Damayanthi v. Ratnayake Mendis
View More |
Hon. P.R. Walgama, J | Hon. P.R. Walgama, J Primary Court land dispute – Encroachment – Erection of fence – Likelihood of breach of peace – Land under control of Land Reform Commission – Competing possession claims – Earlier Land Reform Commission inquiry allocating ten perches to petitioner and balance to respondent – Suppression of material fact – Section 66 proceedings inappropriate where dispute already determined. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b); Land Reform Law / statutory framework governing Land Reform Commission land. | Download |
| 2016-08-08 | CA/WRT/0136/2013 |
Rajapaksage Dharmasiri Ranasinghe v. Commissioner General of Lands & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Land Development Ordinance – Permit issued to mother – Nominated successor predeceasing/deceased – Petitioner entered as successor as eldest surviving son – Cancellation of permit – Show-cause notice – Government Agent’s statutory powers – Inquiry before cancellation – Reasons offered by permit holder – Alleged threats and trespass – Procedural requirements governing cancellation. | Land Development Ordinance – sections 19(2), 106, 109(2) and 110; Constitution – Article 140. | Download |
| 2016-08-05 | CA/0010/2011 |
Selembaram Saunderaraj & Peraman Jeganathan v. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Judicial confession – Voluntariness of confession – Voir dire inquiry – Interlocutory decision admitting confession – Right of appeal – Meaning of “judgment” – Meaning of “final order” – Finality of criminal orders – Appeal from interlocutory order – Revisionary jurisdiction of Court of Appeal – Alternative statutory appeal after final judgment – Special circumstances for revision – Preliminary objection to maintainability upheld – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – sections 283, 316(1), 331(1) and 331(2); Penal Code – section 296; Constitution – Article 138. | Download |
| 2016-08-05 | CA/WRT/0189/2013 |
S.I. Mohomed Riyas v. South Eastern University of Sri Lanka & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writs of Certiorari and Mandamus – University academic appointments – Lecturer (Probationary) in Social Sciences – Selection committee – Composition of interview panel – Head of relevant department – Procedure for appointments – Whether appointment procedure operated as guidelines – Vacancy advertisement – Arbitrary allocation of marks – Teaching experience – Academic qualifications – Disputed questions of fact – Unsuitability of writ proceedings for resolving disputed evidence – University Council approval – Delegated authority of Vice Chancellor – Retrospective Council approval – Marking scheme – Alleged failure to disclose selection criteria – Equal opportunity – No established prejudice – Writ relief refused – Application dismissed without costs. H.C.J. Madawala J. agreed. | Constitution – Article 140; Procedure for Appointment Ordinance No. 198 issued by the University Grants Commission – section 7(2). | Download |
| 2016-08-05 | CA/WRT/0195/2016 |
Pelandagama Arachchige Laxman Wasantha Rukmal & 3 Others v. W.M. Bandusena, Hon. Akila Viraj Kariyawasam & Public Service Commission
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Mandamus – Teachers’ Service – Sri Lanka Principals’ Service – Class II Grade II – Appointments on covering-up duties – Claim for permanent appointment – Conditions attached to temporary/covering appointment – Salary entitlement distinguished from substantive appointment – Service requirements – Acceptance of appointment subject to conditions – Legitimate expectation – Cabinet paper – Absence of Cabinet decision – No enforceable right to permanent appointment – Notices refused – Application without merit. | The short order does not identify a specific Act or statutory section governing the substantive appointment. The matter concerns the Sri Lanka Principals’ Service and a writ of mandamus. | Download |
| 2016-08-05 | CA/0920/2000(F) |
Handun Pathiraja Mudiyanselage Gayathri Niroshani Pathiraja, by guardian ad litem Handun Pathiraja Mudiyanselage Siripala v. Aluth Muhandiramlage Siripala & substituted respondents
View More |
Hon. A.H.M.D. Nawaz, J | Road traffic accident – Minor plaintiff – Personal injuries – Death of mother – Damages for loss of maternal care and support – Negligence – Contributory negligence – Lorry accident – Quantum of damages – Plaintiff awarded Rs.75,000 for injuries but claim for loss of care rejected – Appeal. | Law of delict/negligence and assessment of damages; Motor Traffic law applicable to road-traffic accidents. | Download |
| 2016-08-05 | CA/WRT/0195/2016 |
Pelandagama Arachchige Laxman Wasantha Rukmal & 3 Others v. W.M. Bandusena, Secretary, Ministry of Education & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Mandamus – Teachers serving on covering-up duties – Sri Lanka Principals’ Service Class II Grade II – Request for permanent appointment – Conditions in appointment letters – Salary scale granted without entitlement to permanent substantive appointment – Service requirements – Legitimate expectation – Cabinet paper but no Cabinet decision – Notices refused. | Constitution – Article 140; applicable service requirements governing appointment to the Sri Lanka Principals’ Service. | Download |
| 2016-08-04 | CA/WRT/0216/2016 |
W.M.A. Gaminee Bandara, M/S Spectra Imports & Marketing (Private) Ltd v. Seylan Bank P.L.C. & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Bank loan and overdraft – Default since 2012 – Parate execution – Board decision to auction mortgaged land – Bank repeatedly postponing auction to permit settlement – Challenge to bank decision – Alleged illegality – Mala fides – Natural justice – Ample opportunity afforded to borrower – No basis for judicial review – Notices refused – Application dismissed. P. Padman Surasena J. agreed. | No particular Act or statutory section is identified in the short order. The judgment concerns parate execution by a bank. | Download |
| 2016-08-04 | CA/WRT/0216/2016 |
W.M.A. Gaminee Bandara / M/S Spectra Imports & Marketing (Private) Ltd v. Seylan Bank PLC & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Parate execution – Loan and overdraft facilities – Default since 2012 – Board decision to auction mortgaged land – Bank providing further time for settlement – Allegations of illegality, mala fides and breach of natural justice – No basis for writ intervention – Application dismissed. | Constitution – Article 140; statutory framework governing parate execution by banks. | Download |
| 2016-08-03 | CA/WRT/0112/2014 |
Liyanage Jayatissa v. Provincial Commissioner of Lands, Southern Province & Others
View More |
Hon. P. Padman Surasena, J | Writs of Certiorari and Mandamus – Land Development Ordinance – State land permit – Death of permit holder without nominated successor – Life interest of surviving spouse – Death of spouse – Statutory succession – Eldest/surviving family members – Affidavits relinquishing competing claims – Succession under Third Schedule – Devolution of title – Administrative refusal to recognize successor – Ultra vires decision – Certiorari quashing administrative decisions – Mandamus compelling authorities to name petitioner as successor. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Land Development Ordinance – sections 19, 48, 48B, 72 and 73; Third Schedule. | Download |
| 2016-08-03 | CA/WRT/0294/2012 |
A.V. Marambe Bandara & 2 Others v. National Gem & Jewellery Authority & Others
View More |
Hon. M.M.A. Gaffoor, J | Writ of Certiorari – Gem mining licence – National Gem & Jewellery Authority – Ownership of gemming land – Requirement that applicant individually or with consenting co-owners hold two-thirds share – Competing applications for same land – Proper inquiry before issue of licence – Opportunity to establish ownership – Previous licences – Suppression of material facts – Deeds and pedigree – Consent of co-owners – Authority satisfied as to ownership – Licence lawfully issued – Petition dismissed without costs. Deepali Wijesundera J. agreed. | National Gem & Jewellery Authority Act No. 50 of 1993 – section 2(1). | Download |
| 2016-08-03 | CA/0642/2000(F) |
T.G. Sarojini Wimalasuriya v. S.D. Ajith Nandana Kumara
View More |
Hon. A.H.M.D. Nawaz, J | Civil procedure – Answer filed by defendant – Attorney-at-Law failed to sign answer – District Court striking out answer and proceeding ex parte – Whether non-signature requires rejection – Curable procedural defect – Difference between substantive particulars of answer and signature – Ex parte judgment – Actus curiae neminem gravabit – Right to defend action. | Civil Procedure Code – sections 75, 76 and 77; procedural principles concerning rejection/return of an answer and curable irregularities. | Download |
| 2016-08-03 | CA/WRT/0112/2014 |
Liyanage Jayatissa v. Provincial Commissioner of Lands, Southern Province & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Land Development Ordinance permit – Permit holder dying without nominated successor – Life interest passing to surviving spouse – Succession after spouse’s death – Competing family claims – Eldest surviving male heir – Affidavits by siblings relinquishing succession – Statutory order of succession – Succession to permit land. | Land Development Ordinance – sections 19, 48, 48B, 72 and 73; Third Schedule; Constitution – Article 140. | Download |
| 2016-08-02 | CA/0031/2014 |
Devanarayana Acharige Suranga v. Hon. Attorney General
View More |
Hon. S. Devika De Livera Tennekoon, J | Criminal appeal – Attempted murder – Appeal limited to sentence – Trial in absentia – Disparity in sentence between co-accused – First accused pleaded guilty and received suspended sentence – Second accused tried in absentia and sentenced to 10 years rigorous imprisonment – Absconding/absence from trial not by itself a proper ground for imposing heavier punishment – Equality and proportionality in sentencing – Conviction affirmed – Ten-year sentence set aside – Two years rigorous imprisonment imposed and suspended for five years – Fine enhanced from Rs. 10,000 to Rs. 25,000 – Appeal partly allowed. P.R. Walgama J. agreed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331; Penal Code – sections 300 and 32. | Download |
| 2016-08-02 | CA/0031/2014 |
Devanarayana Acharige Suranga v. Hon. Attorney General
View More |
Hon. S. Devika De Livera Tennekoon, J | Criminal appeal – Attempted murder – Trial in absentia – Disparity of sentence between co-accused – One accused pleaded guilty and received suspended sentence – Appellant sentenced to ten years rigorous imprisonment – Absence from trial should not itself justify harsher sentence – Conviction affirmed – Sentence reduced to two years rigorous imprisonment suspended for five years – Fine enhanced – Appeal partly allowed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331; Penal Code – sections 300 and 32. | Download |
| 2016-08-01 | CA/PHC/0118/2010 |
P.I. Chandrasena v. Divisional Secretary, Madagama & Attorney General
View More |
Hon. P.R. Walgama, J | State land – Recovery of possession – Unauthorized occupation – Ejectment order – Competent Authority – Burden on occupier to establish lawful authority to possess State land – Valid permit or written authority – Affidavit supporting ejectment application – Objection that affirmant’s religion was not stated – Formal validity of affirmation – Religion not essential to validity of affirmation – Revision before Provincial High Court – High Court order upheld – Appeal dismissed. L.T.B. Dehideniya J. merely agreed. | State Lands (Recovery of Possession) Act No. 7 of 1979 – sections 9 and 10; amendments by Acts Nos. 29 of 1983, 50 of 1987 and 29 of 1997. | Download |
| 2016-08-01 | CA/PHC/0144/2010 |
Galauda Gedara Kalubanda Dayapala & Ranathunga Gedara Latharani Malkanthi v. Provincial Land Commissioner, Anuradhapura & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court – Writ of Certiorari – State land – Possession and development of State land – Application for permit – Competing claim to land – Proposed allocation to third respondent – Jurisdiction of Provincial High Court – Provincial Council List – State lands outside devolved Provincial List – Provincial High Court denuded of jurisdiction over State land – Thirteenth Amendment – Appeal devoid of merit – Appeal dismissed without costs. L.T.B. Dehideniya J. merely agreed. | Constitution – Article 154P / Article 154(4), Thirteenth Amendment and Ninth Schedule; High Court of the Provinces (Special Provisions) Act No. 19 of 1990. The judgment also refers to the Land Development law and State Lands law in relation to the requested permit. | Download |
| 2016-08-01 | CA/WRT/0398/2014 |
W.W.W. Wasanthi Bhadra Priyani Fernando & Another v. R.P.R. Rajapakse, Land Commissioner & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – State land – Annual permits – Presidential Grant – Competing claims to Lot 34 – Purchase of portions of land – One-year permits issued in 1981 – Presidential Grant issued to 5th Respondent in December 1982 – Long-standing civil litigation – District Court, High Court and Supreme Court proceedings – Petitioners aware of grant since 1988 – Delay in invoking writ jurisdiction – No valid permit in force when Presidential Grant issued – Refusal of notices – No costs. P. Padman Surasena J. agreed. | No specific Act or statutory section is identified in the short order. The judgment refers to annual permits and a Presidential Grant concerning State land. | Download |
| 2016-08-01 | CA/PHC/0118/2010 |
P.I. Chandrasena v. Divisional Secretary, Madagama & Hon. Attorney General
View More |
Hon. P.R. Walgama, J | State land recovery – Unauthorized occupation of State land – Ejectment by Magistrate – Valid permit or written authority – Burden on occupier – Affidavit accompanying application – Objection that religion of affirmant was not stated – Validity of affirmation – High Court revision – Appeal dismissed. | State Lands (Recovery of Possession) Act No. 7 of 1979 – sections 9 and 10, as amended by Acts Nos. 29 of 1983, 50 of 1987 and 29 of 1997; law governing affidavits/affirmations. | Download |
| 2016-08-01 | CA/PHC/0144/2010 |
Galauda Gedara Kalubanda Dayapala & Ranathunga Gedara Latharani Malkanthi v. Provincial Land Commissioner, Anuradhapura & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – State land – Applicants claiming long possession – Application for State-land permit – Competing claim by third respondent – Certiorari – Provincial High Court jurisdiction – State land excluded from Provincial List – High Court lacked jurisdiction to entertain writ proceedings relating to State land. | Constitution – Article 154P and Thirteenth Amendment, Ninth Schedule; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; Land Development legislation; State Lands legislation. | Download |
| 2016-08-01 | CA/WRT/0398/2014 |
W.W.W. Wasanthi Bhadra Priyani Fernando & Another v. R.P.R. Rajapakse, Land Commissioner & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – State land – Annual permits – Lot 34 – Petitioners’ father purchasing portion of land – Annual permits valid for one year – Presidential Grant issued to 5th Respondent in 1982 – Long-standing District Court litigation – Supreme Court appeal dismissed – Delay in seeking writ relief – No valid permit at time Presidential Grant issued – Notices refused. | Land Development Ordinance – provisions governing annual permits and Presidential Grants; Constitution – Article 140 writ jurisdiction. | Download |
| 2016-07-29 | CA/0488/1997F CA/488A/1997/F CA/488B/1997/F |
Sridevi Silva Vs. Michel alias Mahinda Weerapura and Others.
View More |
Hon. P.R.Walgama, J. | Malicious prosecution – damages – wrongful institution of criminal proceedings – acquittal vs discharge – Magistrate’s Court proceedings – instigation of complaint – burden of proof – liability of co-defendants – vicarious instigation – absence of prosecution witnesses – enmity between parties – evidentiary burden in malicious prosecution – appeal dismissal – non-pursuit of appeal – civil liability for criminal proceedings. | Penal Code of Sri Lanka – provisions relating to offences leading to criminal complaint (general applicability to malicious prosecution claims); Civil Procedure Code – provisions governing civil claims and appeals in the District Court system; Magistrate’s Courts Procedure – provisions relating to criminal proceedings, acquittal/discharge due to absence of witnesses. | Download |
| 2016-07-29 | CA/0633/1997F |
Galwatte Gedara Nishantha Udayakumara Vs. Peya Korale Gedara Leelawathie.
View More |
Hon. H.C.J.Madawala, J. | Breach of promise of marriage – matrimonial claim for damages – requirement of written promise – Section 19 Marriage Registration Ordinance – enforceability vs validity of oral promise – admissibility of documentary proof – Udalagama v Boange 61 NLR 27 principle – confirmation of oral promise in writing – evidentiary insufficiency of oral testimony alone – corroboration requirement in seduction/breach claims – burden of proof in civil cases – balance of probabilities – cross-examination admissions – failure to produce marriage certificate – subsisting marriage as legal impediment – contra bonos mores – Section 20 General Marriage Ordinance No. 19 of 1907 – bar on specific performance of marriage promises – damages as sole remedy – judicial misdirection in law and fact – evaluation of credibility of plaintiff evidence – absence of documentary proof – non-refutation by defendant – corroboration principle in sexual/matrimonial claims – Chandrasena v Karunawathie principle – setting aside of District Court judgment. | Marriage Registration Ordinance – Section 19 (written promise requirement for breach of promise of marriage) General Marriage Ordinance No. 19 of 1907 – Section 20 (no action to compel marriage / limits on enforcement) Civil law principles on burden of proof – balance of probabilities standard Case law: Udalagama v Boange 61 NLR 27; Jonathan Joseph v June De Silva 1990 (2) SLR 175; K.A. Chandrasena v Karunawathie 57 NLR 298; Jagadamba v Boya (Roman-Dutch Law principle on corroboration) | Download |
| 2016-07-29 | CA/0888/1997F |
Horathal Pedige Pabilis and another Vs. Horathal Pedige Piyananda
Disanayaka and Others.
View More |
Hon. P.R.Walgama, J. | Partition action – co-ownership – undivided shares – pedigree – allotment of shares – accuracy of share determination – survey plan evidence – uncontested defendants – admission of title – non-contesting parties – entitlement to larger share – limited appellate challenge in partition decree – lack of contest on merits – dismissal of appeal – finality of partition judgment – survey plan identification – Section 25 Partition Act principles (implied) – burden of proof in share variation – failure to establish error in allocation. | Partition Act (Sri Lanka) – principles governing partition, determination of shares, and finality of decrees; Civil Procedure Code – provisions relating to partition proceedings and appellate intervention; Evidence Ordinance – admissions by parties and effect of uncontested facts; relevant procedural principles on co-ownership and survey plan reliance in partition actions. | Download |
| 2016-07-29 | CA/0020/2007 |
Mohamed Imthiyaz Zakriya Vs. Warakapola Multi-Purpose
Co-Operative Society Limited and another.
View More |
Hon. Deepali Wijesundera, J. | Civil Procedure Code – Section 18(1) intervention – addition of party – necessary and proper party – declaration of title – ejectment action – landlord–tenant dispute – disputed ownership of temple property – Paththini Devale Kandy – Basnayake Nilame – multiplicity of proceedings – avoidance of conflicting judgments – prima facie title claim – documentary evidence vs pleadings – collusion allegation – burden to implead interested parties – effect of non-joinder – res judicata prevention – judicial discretion in adding parties – Arumugam Coomaraswamy v Andiris Appuhamy principle – Weerapperuma v De Silva – intervention to protect proprietary rights – adequate representation of interests – procedural fairness – costs of litigation. | Civil Procedure Code (Sri Lanka) – Section 18(1) (addition/joinder of parties necessary for complete and effective adjudication); principles on necessary and proper parties, avoidance of multiplicity of actions, and intervention in pending proceedings; case law principles on joinder of parties in title disputes. | Download |
| 2016-07-29 | CA/WRT/0031/2016 |
Captain Channa D.L. Abeygunewardena v. Sri Lanka Ports Authority & Others.
View More |
Hon. Vijith K. Malalgoda PC,J (P/CA) | Writ of Certiorari – Writ of Mandamus – termination of employment – suspension from service – employment contract – contractual relationship – statutory body – private company – Magampura Port Management Company (Pvt) Ltd – Sri Lanka Ports Authority – public duty – statutory flavour – wrongful termination – alternative remedy – Labour Tribunal – industrial dispute – breach of contract – certiorari unavailable for contractual disputes – mandamus unavailable to enforce private rights – supervisory jurisdiction – public law remedy – dismissal in limine – preliminary objection – master and servant relationship. | Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140; Companies Act No. 7 of 2007; Sri Lanka Ports Authority Act – Section 7(1)(e), (i), and (m); Industrial Disputes Act – provisions relating to unlawful termination and Labour Tribunal remedies. | Download |
| 2016-07-29 | CA/PHC/0152/2015 |
Arappalage Ruwan Savior Bernard Vs. The Attorney General and Others.
View More |
Hon. P.R.Walgama, J. | Revision application – preliminary objection – stay order – appeal and revision – maintainability – revisionary jurisdiction – appellate jurisdiction – High Court order – original criminal jurisdiction – land dispute – right of way – Primary Courts Procedure Act – Section 66 inquiry – breach of peace – Article 138 – Article 154P – Section 11 High Court of the Provinces (Special Provisions) Act – interim relief – urgency – parallel appeal – stay pending appeal – business prejudice. | Constitution of Sri Lanka – Articles 138 and 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – Section 11(1); Primary Courts\' Procedure Act No. 44 of 1979 – Section 66 relating to land disputes likely to cause a breach of the peace. | Download |
| 2016-07-29 | CA/WRT/0031/2016 |
Captain Channa D.L. Abeygunewardena Vss. The Sri Lanka Ports Authority and Others.
View More |
Hon. Vijith K. Malalgoda PC, J (P/ CA) | Writ of certiorari – writ of mandamus – preliminary objection – maintainability – employment termination – suspension from service – contractual employment – private company – statutory body – statutory duty – public duty – Companies Act – Sri Lanka Ports Authority – alternative remedy – Labour Tribunal – wrongful termination – industrial dispute – contractual relationship – commercial contract – supervisory jurisdiction – judicial review – Vidyodaya University v Linus Silva principle – Harjani v Indian Overseas Bank distinction – Jayaweera v Wijeratne principle – Hakmana Multi-Purpose Co-operative Society Ltd v Fernando principle – Mahanayake v Chairman, Ceylon Petroleum Corporation principle. | Companies Act No. 7 of 2007; Sri Lanka Ports Authority Act; Industrial Disputes Act – providing alternative remedies for wrongful termination of employment and limiting writ jurisdiction where the employment relationship is purely contractual. | Download |
| 2016-07-29 | CA/LA/0020/2007 |
Mohamed Imthiyaz Zakriya v. Warakapola Multi-Purpose Co-operative Society Limited & Roshan Salinda Paranagama, Basnayake Nilame of Sri Paththini Devalaya
View More |
Hon. Deepali Wijesundera, J | Leave to appeal – Declaration of title – Addition/intervention of party – Basnayake Nilame claiming Devale ownership – Necessary and proper party – Avoidance of multiplicity of actions – Tenant allegedly denying landlord’s title – District Judge’s order allowing intervention affirmed – Application dismissed with costs. | Civil Procedure Code – sections 18(1) and 754(2); principles governing addition of necessary/proper parties. | Download |
| 2016-07-29 | CA/0488/1997(F); CA/0488A/1997(F); CA/0488B/1997(F) |
Sridevi Silva v. Michel alias Mahinda Weerapura, Murial Wickramasinghe & Nandasami Sandanam
View More |
Hon. P.R. Walgama, J | Malicious prosecution – Damages – Complaint to police – Alleged instigation – Liability of second defendant – Requirement to establish initiation of prosecution without reasonable and probable cause and with malice – Magistrate proceedings terminated due to absence of prosecution witnesses – Appeal not pursued against second defendant – Appeal dismissed. | Common/Roman-Dutch law principles governing malicious prosecution and damages. | Download |
| 2016-07-29 | CA/0633/1997(F) |
Galwatte Gedara Nishantha Udayakumara v. Peya Korale Gedara Leelawathie
View More |
Hon. H.C.J. Madawala, J | Breach of promise of marriage – Damages – Requirement that promise be evidenced in writing – Oral promise – Defendant already married – Documentary evidence – Standard of proof on balance of probabilities – District Court judgment set aside – Appeal allowed. | Marriage Registration Ordinance – section 19, including section 19(3); General Marriages Ordinance provisions referred to in the judgment. | Download |
| 2016-07-29 | CA/0888/1997(F) |
Horathal Pedige Pabilis & Sunil Wickramasinghe Henrath Kumarage v. Horathal Pedige Piyananda Disanayaka & Others
View More |
Hon. P.R. Walgama, J | Partition action – Allocation of shares – Rights admitted by parties – Buildings and plantations – Challenge to extent/share allotted – Failure of affected parties to contest – Findings of District Court – No merit in appeal – Appeal dismissed without costs. | Partition Law; principles governing investigation and allocation of title, shares, improvements and plantations in partition proceedings. | Download |
| 2016-07-28 | CA/WRT/0211/2016 |
R.M. Wijerathne Vs. Commander of the Sri Lanka Army and Others.
View More |
Hon. Vijith K. Malalgoda, PC. J(P/CA) | Army officer; absence without leave (AWOL); desertion; Court Martial; limitation period; summary of evidence; volunteer reserve; military discipline; certiorari; judicial review. | Army Act (ss. 56, 61(5)); Army Disciplinary Regulations (Reg. 70(1), 70(2)); Volunteer Force Regulations (Reg. 29(6)). | Download |
| 2016-07-28 | CA/WRT/0220/2016 |
R.M. Wijerathne v. Lt. Gen. A.W.J.C. De Silva, Commander of the Sri Lanka Army & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Military law – Army officer – Absence without official leave (AWOL) – Desertion – Going abroad without leave – Court Martial – Limitation period for commencement of Court Martial – Fresh Court Martial after earlier proceedings – Pending proceedings exception – Classification of absentee as deserter after 21 days – Volunteer Force officer – Transfer to Volunteer Reserve as alternative rather than exclusive disciplinary remedy – Interim relief – Certiorari – Lawfulness of charges and Court Martial – Notices refused. | Army Act – sections 56 and 61(5); Army Disciplinary Regulations – regulations 70(1) and 70(2); Volunteer Force Regulations – regulation 29(6). | Download |
| 2016-07-28 | CA/WRT/0228/2016 |
Dani Aviation Service (Private) Limited & Sivakumar Eliyathamby Sinnarajah v. Sri Lankan Air Lines Ltd & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari and Mandamus – Public procurement/tender process – Ground handling services at Chennai Airport – Unsuccessful bidder – Non-renewal of expired service contract – Cost reduction – Tender evaluation – Company\'s Procurement Manual – Absence of formal Evaluation Committee Report – Evaluations communicated by email – Board Paper – Lowest bidder selected – Collective decision argument – Discretionary writ jurisdiction – Interim relief – Public/operational consequences – Alternative remedy in damages – Continuation of lapsed contract – Notices refused – Application dismissed. | Constitution, Article 140. The principal procedural rules considered were Sri Lankan Air Lines\' Procurement Manual, particularly items 6.1, 6.2, 6.4 and 6.5; these are internal procurement rules rather than legislation. | Download |
| 2016-07-28 | CA/WRT/0211/2016 |
R.M. Wijerathne v. Lt. Gen. A.W.J.C. De Silva, Commander of the Sri Lanka Army & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Army officer – Absence without official leave – Desertion – Court Martial – Earlier Court Martial discontinued – Second Court Martial – Three-year limitation – Continuation of disciplinary proceedings – Volunteer Force regulations – Certiorari – Interim relief. | Army Act – sections 56 and 61(5); Volunteer Force Regulations – regulations 29(6), 70(1) and 70(2). | Download |
| 2016-07-26 | CA/0031/2016 |
Yakdehi Guruge Suranimala Vs. The Attorney General.
View More |
Hon. M.M.A.Gaffoor, J. | Withdrawal of appeal – accused present in custody – prison production – Section 359 Criminal Procedure Code – consent of prosecution – sentencing adjustment – backdating of sentence – date of conviction – sentence implementation direction – fine upheld – appellate disposal by consent – dismissal of appeal – waiver of challenge – procedural termination of appeal – sentencing modification only – finality of conviction. | Criminal Procedure Code (Sri Lanka) – Section 359 (withdrawal/disposal of appeal and consequential orders); general appellate principles on consent disposal and variation of sentence; court’s power to direct commencement date of sentence. | Download |
| 2016-07-26 | CA/0455/2005 |
Pan Asia Banking Corporation Limited Vs. Galle Multipurpose Co-operative Society Limited and Others.
View More |
Hon. Padman Surasena,J. | Title to land – ejectment – landlord and tenant dispute – denial of landlord’s title – declaration of title – intervention – Section 18 Civil Procedure Code – necessary and proper party – joinder of parties – multiplicity of actions – conflicting judgments – intervenient respondent – prima facie ownership – documentary evidence of title – competing claims – collusion – judicial discretion – adequacy of representation – Arumugam Coomaraswamy v Andiris Appuhamy – Weerapperuma v De Silva – effectual and complete adjudication – non-joinder. | Civil Procedure Code (Sri Lanka) – Section 18(1) (intervention / addition of parties); principles governing necessary and proper parties; joinder of parties to ensure complete adjudication and to avoid multiplicity of actions and inconsistent judgments in civil litigation. | Download |
| 2016-07-26 | CA/LA/0455/2005 |
Pan Asia Banking Corporation Limited v. Galle Multipurpose Co-operative Society Limited & Others
View More |
Hon. P. Padman Surasena, J | Leave to appeal – Interim injunction – Bank guarantee – Distribution agreement for Lakcow milk powder – Termination of distributorship – Independent bank guarantee – Whether beneficiary entitled to call guarantee – Fraud/irretrievable injustice principles – District Court jurisdiction – Interim injunction maintained – Appeal dismissed with costs. | Civil Procedure Code – section 754(2); law governing interim injunctions and independent bank guarantees. | Download |
| 2016-07-26 | CA/0031/2016 |
Yakdehi Guruge Suranimala v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Criminal appeal – Withdrawal of appeal – Sentence – Application to implement sentence from date of conviction – State not objecting – Sentence backdated to 08.02.2016 – Fine maintained – Appeal dismissed subject to variation. | Code of Criminal Procedure Act No. 15 of 1979 – section 359. | Download |
| 2016-07-25 | CA/PHC/0054/2007 |
Napana Edirisinghe Mudiyanselage Bisomenike Vs. P.D. Keerthi Gamage, The Provincial Land Commissioner
(Acting) of Department of the ProvincialLand Commissioner,
Anuradhapura.
View More |
Hon. P.R.Walgama, J. | Title to State land – ejectment – competent authority – State Land Recovery of Possession Act No. 58 of 1981 – illegal occupation – permit under State land – burden of proof – inability to establish title or lawful possession – challenge to ejectment notice – jurisdiction of Magistrate Court – revision application – alternative remedy of appeal under High Court of the Provinces (Special Provisions) Act No. 19 of 1990 Section 11 – failure to plead exceptional circumstances – discretionary nature of revision – estoppel by conduct – failure to appear/representation at argument – insufficiency of grounds for judicial review interference. | State Land Recovery of Possession Act No. 58 of 1981 – Section 18(1); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – Section 11; Court of Appeal Rules 1990 – Rule 3(1)(a). | Download |
| 2016-07-25 | CA/WRT/0220/2016 |
Port junk Dealers Association and 2 Others Vs. Marine Environment Protection Authority and Others.
View More |
Hon. Vijith K. Malalgoda, PC.J (P/CA) | Marine pollution; port services; outsourcing; service contracts; licence fees; bunkering regulations; oil waste removal; sludge disposal; suppression of material facts; judicial review. | Marine Pollution Prevention Act, No. 35 of 2008 (ss. 21, 28); Bunkering Regulations. | Download |
| 2016-07-25 | CA/WRT/0211/2016 |
Port Junk Dealers Association, Waligama Palliya Gurunaselage Udaya Senake DeSilva & Kudagama Liyanage Nalindrasiri v. Marine Environment Protection Authority & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Marine environmental services – Port services – Removal of oil waste, garbage and sludge from ships – Licence/registration charges – Bunkering regulations distinguished – Outsourcing statutory functions – Contractual charges – Fee structure – Annual advertisement inviting service providers – Suppression of material document – Contractual relationship – Writ jurisdiction – Notices refused. | Marine Pollution Act No. 35 of 2008 – sections 21 and 28; relevant bunkering regulations referred to as P10. | Download |
| 2016-07-25 | CA/PHC/0054/2007 |
Napana Edirisinghe Mudiyanselage Bisomenike v. P.D. Keerthi Gamage, Provincial Land Commissioner (Acting)
View More |
Hon. P.R. Walgama, J | Revision – State land – Ejectment – Provincial land authority – Occupation without permit – Competent Authority – Statutory notice – Failure to establish ownership or lawful authority to possess land – Exceptional circumstances – Revisionary jurisdiction – High Court and Magistrate’s determinations upheld. | Constitution – Article 154P(3)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11; State Lands (Recovery of Possession) legislation – definition/powers of Competent Authority. | Download |
| 2016-07-25 | CA/PHC/0166/2008 |
U.W.R. Upul Bandara & U.W. Ratnapala v. Ambagamuwa Pradeshiya Sabha & Others
View More |
Hon. H.C.J. Madawala, J | Provincial High Court writ appeal – Certiorari and Mandamus – Failure to annex originals or duly certified copies – Photostat copies – Defective certification – Mandatory documentary requirements – Discretionary writ jurisdiction – Non-compliance with procedural rules. | Constitution – Articles 140 and 141; Court of Appeal (Appellate Procedure) Rules – Rule 3.1(a). | Download |
| 2016-07-25 | CA/WRT/0220/2016 |
Port Junk Dealers Association, Waligama Palliya Gurunaselage Udaya Senake De Silva & Kudagama Liyanage Nalindrasiri v. Marine Environment Protection Authority & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Port service providers – Removal of oil waste, garbage and sludge from ships – Charges imposed by Marine Environment Protection Authority – Bunkering regulations distinguished – Outsourcing statutory duties – Contractual service charges – Suppression of relevant advertisement – Notices refused. | Marine Pollution Prevention Act No. 35 of 2008 – sections 21 and 28; applicable regulations governing marine services. | Download |
| 2016-07-24 | CA/WRT/0087/2014 |
Kalinga Mudalige Derick Mervin Perera Vs. Provincial Land Commissioner of North Western Province and Others.
View More |
Hon. Vijith K. Malalgoda PC,J (P/CA) | Writ of mandamus – land permit – annual permit – Land Development Ordinance – public legal duty – suppression of material facts – uberrima fides – full disclosure – legal right – administrative discretion – refusal to issue permit – State land – annual permit holder – amendment of permit – public authority – mandamus refused – abuse of writ jurisdiction – precedent – long-term lease. | Land Development Ordinance – Section 19(5) (issue of land permits); State Lands Ordinance (long-term lease); principles governing Writ of Mandamus, requiring a public legal duty, a corresponding legal right, and full disclosure of material facts. | Download |
| 2016-07-22 | CA/0692/2000F |
Miriyagalla Kankanamalage Don Wimalasir Gunatileka Vs. Kabamullage Dona Piyawathi and Others.
View More |
Hon. M.M.A.Gaffoor, J. | Cancellation of deed – notarial deed of transfer – deed No. 6005 – allegation of misrepresentation – lease vs transfer dispute – execution of deed at night – blank document signing allegation – validity of notarial attestation – burden of proof – credibility of notary evidence – non est factum plea – misapprehension of document nature – character vs contents distinction – Prof. Weeramantry contract principle – requirement of cogent evidence – rejection of non est factum – prescription of action – limitation period for cancellation of deed – Section 10 Prescription Ordinance – Ranasinghe v De Silva 78 NLR 500 – limitation runs from date of execution – fraud not proved – absence of fraudulent conduct – valuation dispute – laesio enormis doctrine – inadequacy of consideration – failure to prove undervalue – necessity of expert valuation – dismissal of claim – affirmation of District Court judgment. | Prescription Ordinance – Section 10 (limitation for action to cancel notarial deed);Roman-Dutch Law principle – non est factum doctrine;Roman-Dutch Law principle – laesio enormis (gross inadequacy of consideration);Notarial execution principles under Sri Lankan civil law. | Download |
| 2016-07-22 | CA/0131/2011 |
W.A.Kumarasiri alias Kumara Vs. The Attorney General.
View More |
Hon. Gaffoor, J. | Murder appeal – unlawful assembly – common object liability – Section 140 & 146 Penal Code – Section 296 murder – credibility of eyewitnesses – contradictions in testimony – hostile/inconsistent witnesses – missing medical evidence (MLR) – burden of proof in criminal cases – benefit of doubt – failure of investigation – evidentiary gaps – self-defence – private defence – exceeding right of private defence – Exception 2 to Section 294 Penal Code – sudden fight – mitigation – duty of trial/appellate court to consider alternative verdicts – culpable homicide not amounting to murder – jury direction principles – Chandradasa v Queen principle – King v Muttu – King v Vitanage Eddin – King v Albert Appuhamy – appellate re-evaluation of facts – substitution of conviction – sentence reduction – mitigating circumstances (family protection claim). | Penal Code – Sections 140, 146, 294 (Exception 2), 296; Criminal Procedure Code – principles on jury/trial judge duties and appellate sentencing powers; Evidence principles on credibility, contradictions, and reasonable doubt. | Download |
| 2016-07-22 | CA/WRT/0133/2014 |
Ganewattage Don Jayalath Wasantha Vs. Ministry of Plantation Industries and another.
View More |
Hon. Vijith K. Malalgoda PC,J. (P/CA) | Writ of Certiorari – Quit notice – State land – Recovery of possession – Legitimate expectation – Land Reform Commission – State plantation land – Unauthorized occupation – Necessary party – Non-joinder – Suppression of material facts – Writ jurisdiction – Judicial review – Competent Authority – Plantation lease – State Land (Recovery of Possession) Act – Land Reform Law – Dismissal of application – Prerogative writ – Costs. | State Land (Recovery of Possession) Act No. 7 of 1979 – provisions governing recovery of possession of State lands and powers of the Competent Authority; Land Reform Law No. 1 of 1972 – provisions relating to vesting and alienation of land by the Land Reform Commission; Evidence Ordinance – Section 114 relating to the presumption of regularity of official acts. | Download |
| 2016-07-22 | CA/WRT/0189/2014 |
Ganewattage Don Jayalath Wasantha v. J.M.C. Priyadharshani, Competent Authority, Ministry of Plantation Industries & Elpitiya Plantations PLC
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari – Quit notice – Recovery of possession of State land – Land Reform Commission land – Plantation estate – Long-term lease to private plantation company – State land notwithstanding lease – Competent Authority – Legitimate expectation of deed – Necessary party – Failure to join Land Reform Commission – Suppression of material facts – Petitioner\'s occupation of official estate quarters – Duty of full and fair disclosure in prerogative writ proceedings – Definition of State land – Presumption that official acts were regularly performed – Certiorari refused – Application dismissed with Rs. 10,000 costs. | Constitution, Article 140; Land Reform Law No. 1 of 1972 – sections 21(1)(c) / 22(1)(c) as referred to in the judgment; State Lands (Recovery of Possession) Act No. 7 of 1979 – section 18; State Lands (Recovery of Possession) (Amendment) Act No. 58 of 1981; Evidence Ordinance – section 114. | Download |
| 2016-07-22 | CA/WRT/0232/2009 |
Herath Mudiyanselagedara Navarathna Banda Herath v. Commander of the Army & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari – Sri Lanka Army Volunteer Force – Alleged discharge from Army – Transfer to Volunteer Reserve – Maximum age for Lieutenant – President\'s pleasure – Court of inquiry – Disciplinary proceedings – Natural justice – Whether officer could be discharged without court martial – Mandatory transfer upon attaining prescribed age – Extension of service – Reappointment – Petitioner found to have been transferred rather than unlawfully discharged – Relief unavailable – Application dismissed with costs of Rs. 25,000. | Constitution, Article 140; Army Act No. 17 of 1949 – sections 10 and 79; Sri Lanka Army (Volunteer Force and Volunteer Reserve) Regulations – regulation 29(2); Army Officer\'s Regulations – regulation 2(1)(a). | Download |
| 2016-07-22 | CA/WRT/0315/2013 |
Senerath Kumarasiri Perera Balasuriya v. People\'s Bank & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari and Mandamus – People\'s Bank Land Redemption Department – Conditional transfer of property – Loan transaction – Subsequent transfer to third party – Land Redemption Inquiry – Recommendation of inquiry officer – Board decision directing fresh inquiry – Death of original petitioner pending proceedings – Application for substitution – Widow and children seeking substitution – Proof of marriage – Absence of marriage certificate – Birth certificates – Nil report from Registrar – Legal heirs – Objection to substitution – Alleged misleading of court – Procedural continuation of writ proceedings following death of petitioner. The order under consideration is specifically the application for substitution rather than the ultimate merits of the underlying land-redemption writ. | Constitution, Article 140; General Marriages Ordinance is expressly discussed in relation to the alleged registered marriage. | Download |
| 2016-07-22 | CA/0692/2000(F) |
Miriyagalla Kankanamalage Don Wimalasir Gunatileka v. Don Chandradasa Attanayake, deceased, and substituted respondents
View More |
Hon. M.M.A. Gaffoor, J | Cancellation of deed – Deed of transfer allegedly intended as lease – Signing blank papers – Notarial deed – Non est factum – Notary’s evidence – Prescription – Inadequacy of consideration – Laesio enormis – Plaintiff aware of property value – Failure to prove deed was not intended as transfer – Appeal dismissed. | Prescription Ordinance – section 10 as referred to; Roman-Dutch law principles of non est factum and laesio enormis; law governing notarial deeds and transfers of immovable property. | Download |
| 2016-07-22 | CA/0131/2011 |
W.A. Kumarasiri alias Kumara v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Murder – Unlawful assembly – Single accused convicted while others acquitted – Knife stabbing – Private defence – Defence of another – Provocation/altercation – Failure to disclose medical evidence relating to injured co-accused – Exception to murder – Conviction altered to culpable homicide not amounting to murder – Six years rigorous imprisonment and fine. | Penal Code – sections 140, 146, 296 and 294, including the relevant exception concerning private defence. | Download |
| 2016-07-22 | CA/WRT/0232/2009 |
Herath Mudiyanselagedara Navarathna Banda Herath v. Commander of the Army & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari – Sri Lanka Army Volunteer Force – Second Lieutenant – Transfer to Volunteer Reserve – Petitioner alleging unlawful discharge and disciplinary punishment – Court of Inquiry – Natural justice – President’s pleasure – Maximum age in rank – Compulsory transfer to Volunteer Reserve – Extension of service – Petitioner not entitled to reappointment – Application dismissed with costs. | Constitution – Article 140; Army Act No. 17 of 1949 – sections 10 and 79; Sri Lanka Army (Volunteer Force and Volunteer Reserve) Regulations – Regulation 29(2). | Download |
| 2016-07-21 | CA/0072/2011 |
Mahathanthri Arachchige Don Ambrose alias Chuti Mudalali Vs. The Attorney General.
View More |
Hon. K.K.Wickremasinghe, J. | Statutory rape – Section 364(2)(e) Penal Code – conviction after trial – sexual penetration evidence – medical evidence vs prosecutrix testimony – absence of physical injuries – hymen intact – inter-labial penetration – refusal to call defence witness (doctor) – sentence appeal only – excessiveness of sentence – mitigating factors (age 60, no previous convictions) – minimum mandatory sentence – appellate sentence reduction – Section 359 Criminal Procedure Code – backdating sentence – compensation to victim – default sentences for fine and compensation – judicial discretion in sentencing – partial allowance of appeal – affirmation of conviction. | Penal Code (Sri Lanka) – Section 364(2)(e) (statutory rape); Criminal Procedure Code – Section 359 (variation/backdating of sentence on appeal); principles on sentencing discretion, evaluation of medical evidence in sexual offences, and appellate interference with sentence (mitigating and aggravating factors; compensation and default sentences). | Download |
| 2016-07-21 | CA/0328/2012 |
Mahathanthri Arachchige Don Ambrose alias Chuti Mudalali v. Hon. Attorney General
View More |
Hon. K.K. Wickremasinghe, J | Criminal appeal – Statutory rape – Sentence appeal only – Conviction conceded – Medical evidence – Inter-labial penetration – Hymen intact – Age of accused – No previous convictions – Mandatory minimum sentence – Sentence reduced from twelve to ten years rigorous imprisonment – Sentence backdated – Compensation increased. | Penal Code – section 364(2)(e); Code of Criminal Procedure Act No. 15 of 1979 – sections 331 and 359. | Download |
| 2016-07-21 | CA/PHC/0180/2008 |
J.A.C. Sampath Jayasuriya v. Hon. Attorney General
View More |
Hon. H.C.J. Madawala, J | Revision – Motor traffic offence – Suspension of driving licence – Eight years elapsed since accident – Accused aged 26 at time of accident – State not objecting to variation – Suspension limited until 31 December 2016 – High Court order otherwise affirmed – Appeal dismissed. | Motor Traffic Act – section 216(B)(b). | Download |
| 2016-07-15 | CA/0852/1998F |
Panapitiyage Don Vijitha Kumara and Others Vs. P.D. Anura and Others.
View More |
Hon. Vijith K. Malalgoda PC,J. | Abatement of appeal – substitution of deceased parties – failure to substitute heirs – due diligence in prosecution – dismissal for want of substitution – restoration/relisting of abated appeal – reasonable time requirement – delay of 18 months – suppression of material facts – parallel appeals – inter partes order – civil appellate procedure – non-compliance with court directions – laches – duty of appellant to prosecute appeal – costs imposed on relisting application – abuse of process – Civil Procedure Code provisions on abatement and substitution. | Civil Procedure Code (Sri Lanka) – provisions relating to abatement of proceedings, substitution of deceased parties, and restoration of abated actions (notably Section 403 and related rules); principles on filing within reasonable time and sufficient cause for delay as applied in appellate procedure. | Download |
| 2016-07-15 | CA/PHC/0042/2014 |
Pathirage Ann Rani Perera Vs. Forest Officer and Others.
View More |
Hon. P.R.Walgama, J. | Forest offence – unlawful transportation of timber – timber permit – confiscation of vehicle – Forest Ordinance – Section 40 read with Section 25(1) – registered owner of vehicle – liability of owner – failure to take reasonable precautions – forfeiture/confiscation order – Magistrate’s inquiry – revision application – revisional jurisdiction – exceptional circumstances – maintainability of revision – burden on petitioner – concurrent findings of Magistrate and High Court – dismissal in limine – Dharmaratne v Palm Paradise Cabanas Ltd principle – abuse of revision as second appeal – costs. | Forest Ordinance – Section 40 read with Section 25(1) (offences relating to transportation of timber without a valid permit and confiscation of vehicles used in the commission of forest offences); Constitution of Sri Lanka – Article 138 (revisional jurisdiction of the Court of Appeal). | Download |
| 2016-07-15 | CA/WRT/0168/2015 |
Sinhalage Jagath Samarawickrama Vs. Chief Minister and Minister in Charge of the subject of
Local Government and Others.
View More |
Hon. Vijith K. Malalgoda PC,J (P/CA) | Writ of Certiorari – Removal of Chairman – Pradeshiya Sabha – Local government – Preliminary objection – Necessary parties – Non-joinder – Amended petition – Amendment of caption – Withdrawal of amendment – Support of application – Dismissal in limine – Procedural fairness – Judicial review – Inquiry officer – Chief Minister – Local Government Commissioner – Writ jurisdiction – Notice to respondents | Pradeshiya Sabha Act No. 15 of 1987 – Section 185 governing removal of the Chairman of a Pradeshiya Sabha and appointment of an inquiry officer; Constitution of Sri Lanka – Article 140 relating to the Court of Appeal\'s writ jurisdiction and judicial review of administrative decisions. | Download |
| 2016-07-15 | CA/WRT/0183/2016 |
Sinhalage Jagath Samarawickrama v. Hon. Peshala Jayaratne & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari – Local government – Chairman of Pradeshiya Sabha – Removal from chairmanship and membership – Inquiry under section 185 – Amendment of caption – Dissolution of Pradeshiya Sabha – Necessary parties – Former members omitted from amended caption – Preliminary objection – Application to dismiss in limine – Main application not yet supported – Prematurity of deciding necessary-party objection – Preliminary objection deferred – Main matter fixed for support for notices. | Constitution, Article 140; Pradeshiya Sabha Act No. 15 of 1987 – section 185, including section 185(1). | Download |
| 2016-07-15 | CA/WRT/0302/2011 |
Purnima Anuradha Rathnayake v. University of the Visual and Performing Arts & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari and Mandamus – University recruitment – Lecturer (Probationary) – Department of Upcountry Dance – Selection and interview process – Cancellation of previous interviews – Practical test – Teaching experience requirement – Visiting lecturer experience – Qualifications for appointment – UGC Circular No. 721 – UGC Circular No. 935 – Applicability of circular in force at date of advertisement – Interview-board assessment – Allegations against examiners – Discretion in academic recruitment – Failure to comply with Court of Appeal procedural rules – Authentication of documents – Discretionary writ relief. The judgment is expressly delivered by Deepali Wijesundera J., although M.M.A. Gaffoor J. was also on the bench. | Constitution of Sri Lanka, Article 140; Court of Appeal Rules, Rule 3(1); University Grants Commission Circular Nos. 721 and 935. | Download |
| 2016-07-15 | CA/PHC/APN/0042/2014 |
Pathirage Ann Rani Perera v. Forest Officer, Puttalam & Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Revision – Confiscation of motor lorry – Transportation of timber without permit – Vehicle owner – Owner’s son involved – Knowledge of illegal use – Precautions required of vehicle owner – Magistrate confiscating vehicle – High Court affirming confiscation. | Constitution – Articles 138 and 154P(3)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – sections 9 and 10; Forest Ordinance – section 40 read with section 25(1). | Download |
| 2016-07-15 | CA/WRT/0302/2011 |
Purnima Anuradha Rathnayake v. University of the Visual and Performing Arts & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari and Mandamus – University recruitment – Lecturer (Probationary) – Department of Upcountry Dance – Cancellation and re-conducting of interviews – Teaching-experience requirement – UGC recruitment circulars – Circular No. 721 versus Circular No. 935 – Interview marks – Allegations against interview panel – Failure to provide original or certified documents – Mandatory compliance with Court of Appeal Rules – Discretionary writ relief – Application dismissed with Rs.25,000 costs. | Constitution – Article 140; University Grants Commission Circular No. 721; University Grants Commission Circular No. 935; Court of Appeal Rules – Rule 3(1), including Rule 3(1)(a) and (b). | Download |
| 2016-07-15 | CA/WRT/0302/2011 |
Purnima Anuradha Rathnayake v. University of the Visual and Performing Arts & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari and Mandamus – University recruitment – Lecturer (Probationary) – Department of Upcountry Dance – Cancellation and re-conducting of interviews – Teaching-experience requirement – UGC recruitment circulars – Circular No. 721 versus Circular No. 935 – Interview marks – Allegations against interview panel – Failure to provide original or certified documents – Mandatory compliance with Court of Appeal Rules – Discretionary writ relief – Application dismissed with Rs.25,000 costs. | Constitution – Article 140; University Grants Commission Circular No. 721; University Grants Commission Circular No. 935; Court of Appeal Rules – Rule 3(1), including Rule 3(1)(a) and (b). | Download |
| 2016-07-14 | CA/1039/1997F |
Pradeshiya Secretary of Piliyandala Vs. Ratnasiri Wijeseker aliays
Nanayakkarawasam .
View More |
Hon. M.M.A.Gaffoor, J. | Money recovery action – damages claim – administrative order by Divisional Secretary – land disposition – absence of declaration of title – relief not pleaded – ultra vires judgment – Section 40(e) Civil Procedure Code – relief beyond prayer – jurisdictional error – procedural impropriety – notice requirement against public officer – Section 461 Civil Procedure Code – failure to issue notice to Attorney-General – official capacity liability – State liability vs personal liability – natural justice violation – denial of legal representation – Section 460 Civil Procedure Code – Chapter XXXI CPC procedure compliance – writ of certiorari alternative remedy – improper forum selection – administrative act challenge – Blacker v David principle – certiorari jurisdiction of Court of Appeal – dismissal of improperly instituted action. | Civil Procedure Code (Sri Lanka) – Section 40(e) (relief must be specifically pleaded), Section 460 (right to legal representation / procedural fairness), Section 461 & 461A (notice of action against public officers / Attorney-General involvement), Chapter XXXI (procedures relating to actions against State/public officers); principles on writ jurisdiction (Court of Appeal – certiorari remedy); relevant case law: Blacker v David 53 NLR 499; Surangi v Rodrig 2003 (3) Sri LR 35. | Download |
| 2016-07-14 | CA/PHC/0196/2007 |
David Wanniarachchi and another Vs. J ayaweera Gamaathiralalage Brahmanawatte Linton Jaayaweera.
View More |
Hon. L.T.B. Dehideniya, J. | Right of way – servitude – access road obstruction – footpath/right of way width – Primary Court Procedure Act No. 44 of 1979 Section 66 – inquiry by police – determination of entitlement to right – Section 69 jurisdiction – Section 75 dispute affecting land – revision to High Court – factual finding of usage – police inquiry report – tire marks – recent obstruction – appellate interference with concurrent findings – absence of appellants at hearing – dismissal of appeal. | Primary Court Procedure Act No. 44 of 1979 – Sections 66, 69 and 75 (jurisdiction to inquire into disputes relating to possession and determination of entitlement to rights affecting land, including servitudes/right of way). | Download |
| 2016-07-14 | CA/PHC/0015/2016 |
Jayasinghe Kodithuwakkulage Nuwan Patirana v. Sujith Harshana Manamperi Goonawardena, Tiran Dimuth Koralage & Officer in Charge, Police Station, Ratnapura
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land proceedings – Appeal from High Court refusal of notice in revision – Preliminary objection – Meaning of final order – Whether refusal of notice is appealable – Distinction between interlocutory and final orders – Provincial High Court appellate/revisionary jurisdiction – Appeal dismissed. | Constitution – Articles 138, 154P(3)(b) and 154P(6); Civil Procedure Code – section 754, including section 754(5); Primary Courts’ Procedure Act – Part VII. | Download |
| 2016-07-14 | CA/1039/1997(F) |
Thilakaratne Kadanaarachchi, Pradeshiya Secretary, Piliyandala v. Ratnasiri Wijesekera alias Nanayakkarawasam Wijesakera Arachchige Artha Rathnasiri
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land proceedings – Appeal from High Court refusal of notice in revision – Preliminary objection – Meaning of final order – Whether refusal of notice is appealable – Distinction between interlocutory and final orders – Provincial High Court appellate/revisionary jurisdiction – Appeal dismissed. | Constitution – Articles 138, 154P(3)(b) and 154P(6); Civil Procedure Code – section 754, including section 754(5); Primary Courts’ Procedure Act – Part VII. | Download |
| 2016-07-13 | CA/PHC/APN/0152/2014 |
Wamakulasuriya Paul Peter Fernando v. The Attorney General & Others.
View More |
Hon. P.R. Walgama, J. | Revision application – forfeiture of bail bond – surety – absconding accused – murder trial – confiscation of bond – default sentence – imprisonment of surety – procedural fairness – opportunity to show cause – inquiry prior to forfeiture – revisionary jurisdiction – erroneous order – High Court powers – recovery of bond amount – attachment and sale of property – maximum sentence for surety – breach of bail conditions – setting aside impugned order – remittal for inquiry. | Code of Criminal Procedure Act No. 15 of 1979 – Sections 365 and 422(1), 422(2), and 422(4); provisions relating to forfeiture of bail bonds, recovery of penalties from sureties, and imprisonment upon default. | Download |
| 2016-07-13 | CA/PHC/REV/0152/2014 |
Warnakulasuriya Paul Peter Fernando Vs. The Attorney General and Others.
View More |
Hon.P.R.Walgama, J. | Revision application – bail surety – forfeiture of bail bond – bond confiscation – default imprisonment – absconding accused – surety liability – opportunity to show cause – inquiry before forfeiture – procedural fairness – excessive sentence – statutory limit on imprisonment – revisionary jurisdiction – erroneous exercise of judicial discretion – setting aside forfeiture order – remittal for fresh inquiry. | Criminal Procedure Code – Section 422(1), (2) and (4) governing forfeiture of bail bonds, recovery of bond penalties, inquiry, opportunity to show cause, and limiting default imprisonment to six months. | Download |
| 2016-07-12 | CA/PHC/APN/0068/2015 |
Anishika Nishani Hettiarachchi Vs. The Attorney General.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – bail cancellation – refusal of bail – trafficking in heroin – 30 kilograms of heroin – Poison, Opium and Dangerous Drugs Ordinance – exceptional circumstances – revisional jurisdiction – alternative remedy of appeal – final order – delay in seeking revision – burden of establishing exceptional circumstances – non-recovery of drugs from suspect – constructive involvement in trafficking – monetary transactions connected to drug trafficking – discretion of court – maintainability of revision – dismissal of revision application – Rustem v Hapangama principle – Cader v Officer in Charge Narcotic Bureau principle. | Poison, Opium and Dangerous Drugs Ordinance (as amended by Act No. 13 of 1984) – Section 83 (restrictions on granting bail for drug offences); Criminal Procedure Code – provisions relating to appeals from final orders; Constitution of Sri Lanka – Article 138 (revisional jurisdiction of the Court of Appeal). | Download |
| 2016-07-12 | CA/PHC/APN/0068/2015 |
Anishika Nishani Hettiarachchi, on behalf of W.A. Danush Dihara Perera v. Hon. Attorney General & Officer in Charge, Police Narcotic Bureau
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Alleged trafficking of 30 kilograms of heroin – High Court initially granting then cancelling bail – Bail refusal as final order – Alternative remedy by appeal – One-year delay – Exceptional circumstances – Large financial transactions and alleged links with principal suspects – Revision refused. | Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984 – section 83; principles governing bail and revisionary jurisdiction. | Download |
| 2016-07-11 | CA/PHC/0248/2003 |
Alagiya Hakuru Sopalin and Others Vs. Pathirage Daya Arnarasinghe.
View More |
Hon. P.R.Walgama, J. | Right of way – breach of peace requirement – Primary Court Procedure Act No. 44 of 1979 Section 66(1)(b) – jurisdictional threshold – police complaint – possession of paddy land – prior District Court order – Magistrate inquiry – revisional jurisdiction of High Court – statutory mandate for breach of peace or likelihood – Agrarian Services Act – Agrarian Development Act – exclusive statutory scheme for paddy land disputes – judicial review of Primary Court findings – setting aside revision order – restoration of Magistrate order – absence of proper basis for High Court interference – absence of parties at hearing. | Primary Court Procedure Act No. 44 of 1979 – Section 66(1)(b) (jurisdiction upon breach of peace or likelihood thereof in possession disputes affecting land). | Download |
| 2016-07-11 | CA/WRT/0183/2016 |
S.J.M.R.P. Samarakoon Vs. The Conservator General of Forests and Others.
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Mandamus – Vein quartz excavation – Forest reserve – Mining permit – Forest Department – Geological Survey and Mines Bureau (GSMB) – Environmental permits – Archaeological clearance – Refusal of permit – Government policy – Cabinet decision – State-owned enterprise – Public resources – Administrative discretion – Legitimate expectation – Delay – Judicial review – Refusal of notice. | Forest Ordinance – provisions governing the Conservator General\'s discretion to issue permits for extraction of forest resources; Mines and Minerals Act No. 33 of 1992 – provisions regulating mining licences and mineral extraction; National Environmental Act No. 47 of 1980 – provisions relating to environmental approvals; Antiquities Ordinance – provisions governing archaeological clearances for excavation activities. | Download |
| 2016-07-11 | CA/WRT/0168/2015 |
S.J.M.R.P. Samarakoon v. Anura Hathurusinghe, Conservator General of Forests & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Mandamus – Forest reserve – Kotikambokka – Uma Oya Project – Vein quartz excavation/removal – Forest Department permit – GSMB, environmental and archaeological permits – Previous temporary permission – No vested right to renewal of permit – Discretion of Conservator of Forests – Absence of competitive bidding – Change of Government policy – Cabinet decision – Extraction through State-owned agency – Private contractor – State resources – Delay in seeking writ relief – No enforceable right to compel grant of permit – Notices refused – Application dismissed/refused. | Forest Ordinance; the judgment also refers to permits/approvals from the Geological Survey and Mines Bureau, environmental authority and Archaeological Department, but does not identify the corresponding statutory provisions in the order. | Download |
| 2016-07-11 | CA/WRT/0183/2016 |
S.J.M.R.P. Samarakoon v. Anura Hathurusinghe, Conservator General of Forests & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Mandamus – Kotikambokka forest reserve – Vein quartz excavation – Uma Oya Project – Previous permits for 2013 and 2014 – Refusal to issue further permit – No right to insist upon permit – Cabinet policy – Government agency to remove vein quartz – Delay – Discretionary writ remedy. | Forest Ordinance; public-law principles relating to Mandamus and discretionary issuance of forest permits. | Download |
| 2016-07-11 | CA/PHC/0248/2003 |
Alagiya Hakuru Sopalin, Ilandari Deva Somasiri & Hewa Hakuru Leelawathie v. Pathirage Daya Amarasinghe
View More |
Hon. P.R. Walgama, J | Primary Court land proceedings – Paddy land – Alleged forcible entry – Section 66 information – Requirement of breach or likelihood of breach of peace – Jurisdictional prerequisite – Magistrate’s order – High Court revision – Fresh inquiry – Appeal. | Constitution – Article 154P(3)(b); Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b). | Download |
| 2016-07-08 | CA/0343/2000 |
Leela de Zoysa Vs. Rilhenage Pieris.
View More |
Hon.A.H.M.D.Nawaz, J. | Paddy land dispute – tenant-cultivator – landlord and tenant relationship – ejectment – declaration of title – Agrarian Services Act – jurisdiction (District Court vs Commissioner of Agrarian Services) – ouster of court jurisdiction – agricultural land register – prima facie evidence – burden of proof – rebuttable presumption – documentary evidence – acreage tax payments – adverse inference – Section 114(f) Evidence Ordinance – Section 45(3) Agrarian Services Act – Section 147 Civil Procedure Code – rights determined at date of action – tenancy continuity – statutory tenancy protection – jurisdiction where status is disputed – dismissal for want of jurisdiction – key tenancy precedents. | Agrarian Services Act No. 58 of 1979 – Section 45(3); Civil Procedure Code – Section 147; Evidence Ordinance – Section 114(f); Paddy Lands Act No. 1 of 1958 (reference to predecessor legal principles); relevant case law principles on jurisdiction and tenancy disputes | Download |
| 2016-07-08 | CA/BR/0003/2013 |
Hatton National Bank PLC Vs.Divisional Secretary/Acquiring Officer of Biyagama Divisional Secretariat.
View More |
Hon. Deepali Wijesundera, J. | Land Acquisition – compensation for acquired land – Acquiring Officer – Board of Review – Section 9 inquiry – Section 22 appeal – Section 28 appeal – market value assessment – valuation report – appellate jurisdiction – question of law vs question of fact – admissibility of fresh evidence on appeal – Section 45 Land Acquisition Act – Section 46 Land Acquisition Act – reasoned decision – irrelevant considerations – appellate review limits – failure to adduce evidence at initial stage – valuation methodology – judicial restraint in compensation appeals – administrative valuation dispute – finality of factual findings. | Land Acquisition Act No. 9 of 1950 (as amended) – Section 9, Section 22, Section 28, Section 38 (proviso (a)), Section 45(1), Section 46(1)(a). | Download |
| 2016-07-08 | CA/0006/2011 |
Thammettayalage Thissa Kumara Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PC, J. | Murder indictment – Section 296 Penal Code – trial in absentia – absconding accused – death sentence – open warrant – delayed appeal – Section 241(3) Code of Criminal Procedure Act – bona fide absence – de novo trial application – rejection of explanation – failure to establish sufficient cause – procedural delay – time-bar under Section 331 CPC Act – calculation of appeal period – Haramanis Appuhamy v IP Bandaragama principle – revisionary jurisdiction of Court of Appeal – extraordinary discretionary power – contumacious conduct – jumping bail – undue delay – miscarriage of justice test – judicial discretion limits – refusal to interfere – confirmation of conviction and sentence. | Code of Criminal Procedure Act No. 15 of 1979 – Section 203 (judgment and sentencing), Section 241(3) (de novo trial after absence if bona fide shown), Section 331 (time limit for appeal filing); Penal Code – Section 296 (murder). | Download |
| 2016-07-08 | CA/WRT/0133/2014 |
Kalinga Mudalige Derick Mervin Perera v. J.M.R.P. Jayasinghe, Provincial Land Commissioner & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Mandamus – State land – Annual permit – Land alienation – Direction to issue permit – Public legal duty – Legal right to compel performance – Land Development Ordinance – Special alienation – Direction that permit should not constitute precedent – Lack of legal basis for administrative direction – State Land Ordinance – Alternative long-term lease – Suppression of material facts – Uberrima fides – Failure to disclose amendment of permit in favour of petitioner\'s brother – Discretionary writ jurisdiction – Mandamus refused – Application refused with Rs. 5,000 costs. | Constitution, Article 140; Land Development Ordinance – section 19(5); State Land Ordinance; Land Orders – Order 70. | Download |
| 2016-07-08 | CA/0343/2000 |
Leela de Zoysa v. Rilhenage Pieris, deceased, and M.H. Sunil Jayantha / substituted respondents
View More |
Hon. A.H.M.D. Nawaz, J | Paddy land – Declaration of title and ejectment – Tenant cultivator versus trespasser – Jurisdiction of District Court – Agrarian Services Commissioner – Preliminary issues – Whether tenancy status can be determined by District Court – Documentary evidence – Agrarian tenancy – District Court dismissal affirmed. | Agrarian Services Act No. 58 of 1979, as amended – particularly section 45(3); Civil Procedure Code – section 147; Evidence Ordinance – section 114(f). | Download |
| 2016-07-08 | CA/LAND/ACQ/0003/2013 |
Hatton National Bank PLC v. T.D.S.P. Perera, Divisional Secretary / Acquiring Officer, Biyagama Divisional Secretariat
View More |
Hon. Deepali Wijesundera, J | Land acquisition – Compensation – Appeal from Land Acquisition Board of Review – Market value – Valuation reports – Alleged failure of valuer to inspect land – High security zone – Relevant and irrelevant considerations – Questions of fact versus questions of law – Scope of appeal to Court of Appeal – Appeal dismissed with costs. | Land Acquisition Act No. 9 of 1950 – sections 9, 22, 28(1), 38, 45 and 46. | Download |
| 2016-07-07 | CA/PHC/0011/2005 |
Disanayaka Mudiyanselage Chandana Bandara Vs.Officer in Charge of the Special Crimes Investigation Unit of Anuradhapura and Others.
View More |
Hon. P.R.Walgama, J. | Section 425 Criminal Procedure Code – disposal of property – release of property after criminal trial – cheating – criminal misappropriation – conviction and acquittal – revision application – High Court appeal – Magistrate’s order – legality of inquiry – procedural requirements – production of documents – revision procedure – Rule 3(1)(b) Court of Appeal Rules 1990 – failure to tender records – dismissal for non-compliance – fair hearing – discretion of Magistrate – legality of release order – revision jurisdiction – appellate interference – evidentiary material – custody of money – procedural default. | Code of Criminal Procedure Act No. 15 of 1979 – Section 425(1) (power of court to order disposal of property after inquiry or trial) and Court of Appeal Rules 1990 – Rule 3(1)(b) (requirement to tender relevant documents in revision applications, failure of which may lead to dismissal). | Download |
| 2016-07-07 | CA/PHC/0011/2005 |
Disanayaka Mudiyanselage Chandana Bandara v. Officer in Charge, Special Crimes Investigation Unit, Anuradhapura & Others
View More |
Hon. P.R. Walgama, J | Criminal appeal – Disposal of property after conclusion of criminal proceedings – Lottery winnings – Cheating/criminal misappropriation – Accused subsequently acquitted – Magistrate ordering release of money to complainant – Fair inquiry – Revision – Failure to tender relevant proceedings – Court of Appeal Rules – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – section 425(1); Penal Code – section 403; Constitution – Article 138; Court of Appeal Rules 1990 – Rule 3(1)(b). | Download |
| 2016-07-05 | CA/PHC/0015/2004 |
R.D. Handy Vs. The Deputy Commissioner of Agrarian
Services of Uva Province and Others.
View More |
Hon. P.R.Walgama, J. | Agrarian Services Act – Section 18(1) – tenant cultivator – arrears of rent – paddy field – quit notice – ejectment – writ of certiorari – jurisdiction of High Court – tenant cultivator register – joint tenancy – rent inquiry – failure to pay rent – certified copies – Court of Appeal Rules – Rule 3(1)(a) and 3(1)(b) – mandatory procedural compliance – dismissal for non-compliance – preliminary objection – estoppel – delay in rent payment – discretionary writ jurisdiction – agrarian dispute – tenancy rights – landowner – arrears recovery – procedural defect – judicial discretion – fatal irregularity – certified documents requirement. | Agrarian Services Act – Section 18(1) – tenant cultivator – arrears of rent – paddy field – quit notice – ejectment – writ of certiorari – jurisdiction of High Court – tenant cultivator register – joint tenancy – rent inquiry – failure to pay rent – certified copies – Court of Appeal Rules – Rule 3(1)(a) and 3(1)(b) – mandatory procedural compliance – dismissal for non-compliance – preliminary objection – estoppel – delay in rent payment – discretionary writ jurisdiction – agrarian dispute – tenancy rights – landowner – arrears recovery – procedural defect – judicial discretion – fatal irregularity – certified documents requirement. | Download |
| 2016-07-05 | CA/PHC/0015/2004 |
R.D. Handy v. Deputy Commissioner of Agrarian Services (Uva Province) & Others
View More |
Hon. P.R. Walgama, J | Agrarian services – Tenant cultivator – Non-payment of rent – Ejectment notice – Paddy land – Writ of Certiorari – Delay/laches – Discretionary writ jurisdiction – Failure to comply with Court of Appeal procedural requirements – High Court order affirmed – Appeal dismissed with costs. | Agrarian Services Act No. 58 of 1979, as amended by Act No. 4 of 1991 – sections 18(1), 18(2) and 18(3); Court of Appeal Rules 1990 – Rule 3(1)(a); Articles 140 and 141 of the Constitution. | Download |
| 2016-07-04 | CA/PHC/APN/0055/2018 |
Senanayaka Ganehi Mudiyanselage
Palitha Mohanlal Senanayaka Vs. Director General of Commission to Investigate Allegations of
Bribery or Corruption.
View More |
Hon. P. Padman Surasena, J. | Bribery Act offences – High Court criminal jurisdiction – Commission to Investigate Allegations of Bribery or Corruption – indictment on corruption charges – Section 19(b) and 19(c) Bribery Act – public servant definition – Section 90 Bribery Act interpretation – preliminary objection – maintainability of indictment – loss adjuster – independent contractor vs employee – scheduled institution – Sri Lanka Insurance Corporation Ltd. (SLICL) – gratification/soliciting bribe – official act requirement – ingredients of offence – burden of proof in criminal law – presumption of innocence – trial procedure vs preliminary legal determination – mixed question of law and fact – jurisdictional objection in criminal trial – timing of adjudication of legal issues – judicial restraint at pre-trial stage – prosecution burden beyond reasonable doubt – statutory interpretation – scope of “public servant” – evidentiary determination at trial – dismissal of revision/application. | Bribery Act No. 11 of 1954 (as amended) – Section 19(b), Section 19(c), Section 90 (definition of “public servant”); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138 (Court of Appeal criminal revision/appellate jurisdiction framework). | Download |
| 2016-07-04 | CA/WRT/0086/2016 |
Leenas Sebesthiyan Dias Vs. Hon. Mahinda Amaraweera the Minister of Fisheries & Aquatic Resources and Others.
View More |
Hon.Vijith K. Malalgoda, PC,J. (PICA) | Writ application – withdrawal of application – administrative circular – withdrawal of circular – amendment of permits – fishing permits – undertaking by respondents – concession by State – consent withdrawal – dismissal upon withdrawal. | No specific statutory provision discussed; concerns the withdrawal of an administrative circular and consequential amendment of permits in writ proceedings. | Download |
| 2016-07-04 | CA/WRT/0087/2014 |
Leenas Sebesthiyan Dias & 2 Others v. Hon. Mahinda Amaraweera, Minister of Fisheries & Aquatic Resources & 2 Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Fisheries permits – Administrative circular – Restriction on additional boat – Earlier regulatory entitlement – Withdrawal of impugned circular P5 – Amendment of permits following withdrawal – Supervening administrative decision – Withdrawal of writ application – Application dismissed upon withdrawal. | The short order does not identify a specific Act or section by name. It refers to the impugned circular P5, permit conditions and the earlier applicable regulations. | Download |
| 2016-07-01 | CA/0561/2000F |
Dewayalage Susirilatha and Others Vs. Mahamadu Abdul Hasan and Others.
View More |
Hon. Deepali Wijesundera, J. | Partition action – identification of corpus – boundary dispute – survey plan vs deed inconsistency – failure to prove land identity – Section 25(1) Partition Act duty – Section 41 Civil Procedure Code – precision of land description – Preliminary Plan No. 279 – surveyor’s report – waiver of objection – Sri Lanka Ports Authority v Jugulinja Boat Co principle – Section 18(2) Partition Act – court’s duty to identify corpus – consent irrelevant to identity – Muslim law of inheritance – agnatic succession – unequal male/female shares – deed No. 9538 – evidentiary conflict in boundaries – misdirection in law – failure to evaluate identity evidence – decree set aside on appeal. | Partition Act No. 21 of 1977 – Sections 25(1), 18(2);Civil Procedure Code (Sri Lanka) – Sections 41, 44; Muslim Law (inheritance principles). | Download |
| 2016-07-01 | CA/PHC/0104/2007 |
Anada Sarath Liyanage Vs. The Director General of Forest
Conservation.
View More |
Hon. L.T.B.Dehideniya, J. | Relisting of appeal – rejection for nonpayment of brief fees – revision appeal – High Court record – notice not served – insufficient address – inadvertent error – service of notice – restoration of appeal – absence of knowledge – procedural default – journal entry – burden of proof – sufficient cause – valid reason – reinstatement of appeal – failure of notice service – clerical mistake in petition – judicial discretion – natural justice – right to be heard – registry procedure – restoration of dismissed appeal – cause of absence – Linadasa v Sam Silva principle – non-service of court notice – procedural fairness. | Court of Appeal Rules (Sri Lanka) – provisions relating to payment of brief fees and dismissal/relisting of appeals for noncompliance; and principles of procedural fairness and reinstatement of appeals based on “sufficient cause” as developed under appellate jurisdiction practice (including judicial discretion to restore appeals where notice was not properly served). | Download |
| 2016-07-01 | CA/PHC/0134/2015 |
Ranil Charuka Kulathunga Vs. The Attorney General.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – bail refusal – cocaine trafficking – possession of dangerous drugs – commercial quantity of cocaine – exceptional circumstances – revisionary jurisdiction – alternative remedy of appeal – final order – refusal of bail – discretionary remedy – burden to establish exceptional circumstances – prolonged remand – family hardship – private school fees – commencement of trial – trial delays attributable to accused – life imprisonment or death penalty – expeditious trial – Rustem v Hapangama principle – Cader v Officer in Charge, Narcotic Bureau principle. | Poisons, Opium and Dangerous Drugs Ordinance (as amended by Act No. 13 of 1984) – Sections 54A(c) and 83; Criminal Procedure Code – provisions relating to appeals against final orders and bail applications. | Download |
| 2016-07-01 | CA/WRT/0070/2014 |
Uda Gedara Kulasinghe v. K.K.G.I.D.P. Wijethilake, Divisional Secretary and Others.
View More |
Hon. Vijith K. Malalgoda PC,J (P/CA) | Writ of Certiorari – Writ of Mandamus – land succession – nominated successor – permit holder – grantee – Land Development Ordinance – transfer of state land – succession rights – nomination in permit – grant issued subsequent to permit – life interest holder – effect of nomination – conversion of permit into grant – intention of deceased allottee – arbitrary administrative decision – Divisional Secretary – disputed questions of fact – judicial review – certiorari granted – mandamus refused – succession under state grants – interpretation of statutory provisions – land alienation. | Land Development Ordinance – Sections 37, 72 and Schedule III; Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140; provisions relating to permits, grants, nominations of successors, and succession to state land holdings. | Download |
| 2016-07-01 | CA/WRT/0070/2014 |
Uda Gedara Kulasinghe Vs. Divisional Secretary of Rajanganaya and Others.
View More |
Hon. Vijith K. Malalgoda PC,J (P/CA) | Revision application – interim stay order – appeal and revision – preliminary objection – maintainability of revision – stay order pending appeal – original criminal jurisdiction – appellate jurisdiction – High Court order – Section 66 Primary Courts Procedure Act – roadway dispute – breach of peace – business interruption – revisionary jurisdiction – Section 11 High Court of the Provinces (Special Provisions) Act – Article 138 Constitution – Article 154P Constitution – judicial discretion – extension of stay order. | High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – Section 11(1); Constitution of Sri Lanka – Articles 138 and 154P; Primary Courts Procedure Act No. 44 of 1979 – Section 66 (revisionary jurisdiction, appellate jurisdiction, stay orders, and land dispute proceedings). | Download |
| 2016-07-01 | CA/WRT/0189/2014 |
Micro Cars Limited Vs. Consumer Affairs Authority and Others.
View More |
Hon. Vijith K. Malalgoda PC,J. | Consumer protection; defective goods; vehicle warranty; braking system defect; Consumer Affairs Authority inquiry; refund of purchase price; statutory interpretation; time bar; no evidence rule; certiorari; judicial review. | Consumer Affairs Authority Act No. 9 of 2003 (ss. 13(1), 13(2), 13(4)); Companies Act No. 7 of 2007; Finance Leasing Act No. 56 of 2000; Motor Traffic Act. | Download |
| 2016-07-01 | CA/WRT/0070/2014 |
Uda Gedara Kulasinghe v. K.K.G.I.D.P. Wijethilake, Divisional Secretary, Rajanganaya & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari and Mandamus – State land – Land Development Ordinance – Succession to holding – Nomination of successor under permit – Subsequent issue of grant – Whether nomination made under permit survives conversion of permit into grant – Intention of deceased allottee – Permit holder/grantee unaware of grant – Life interest – Validity of nomination – Arbitrary administrative decision – Section 72 succession – Disputed questions of fact – Limits of writ jurisdiction – Certiorari granted – Mandamus refused – Application partly allowed. The Court held that conversion of the holding from a permit to a grant did not annul a valid nomination and quashed the decision to determine succession under section 72; however, mandamus was refused because material facts remained disputed. | Constitution of Sri Lanka, Article 140; Land Development Ordinance – sections 19(4), 37 and 72 and the relevant Schedules. | Download |
| 2016-07-01 | CA/WRT/0086/2016 |
Micro Cars Limited v. Consumer Affairs Authority & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Consumer protection – Defective motor vehicle – Defective braking system – Manufacturer\'s warranty – Complaint to Consumer Affairs Authority – Warranty/guarantee – Statutory time bar – Three-month limitation under section 13(2) – Purposive interpretation – Consumer protection as legislative object – Complaint arising during warranty period – Jurisdiction of Consumer Affairs Authority – No-evidence rule – Reasonableness and proportionality – Refund of purchase price – Vehicle purchased under leasing facility – Effect of Finance Leasing Act – Certiorari – Tribunal order upheld – Application dismissed with Rs. 50,000 costs. | Constitution, Article 140; Consumer Affairs Authority Act No. 9 of 2003 – sections 12, 13(1), 13(2) and 13(4); Finance Leasing Act No. 56 of 2000; Motor Traffic Act. | Download |
| 2016-07-01 | CA/0561/2000(F) |
Dewayalage Susirilatha & Others v. Mahamadu Abdul Hasan & Others
View More |
Hon. Deepali Wijesundera, J | Partition action – Identification of corpus – Discrepancy between boundaries in plaint and preliminary plan – Duty of District Court to investigate title – Surveyor’s plan and report – Failure to object to documentary evidence – Muslim law of succession – Allocation of shares to male and female heirs – District Court judgment set aside – Appeal allowed. | Partition Law – sections 18(2) and 25(1); Civil Procedure Code – sections 41 and 44; Muslim law of succession. | Download |
| 2016-07-01 | CA/PHC/0104/2007 |
Anada Sarath Liyanage v. Director General of Forest Conservation
View More |
Hon. L.T.B. Dehideniya, J | Relisting of appeal – Appeal rejected for non-payment of brief fees – Notice to pay brief fees not served – Insufficient address supplied by appellant – Sufficient cause – Documentary proof of correct address – State having no objection – Reinstatement/relisting of appeal – Procedural fairness. | Court of Appeal procedural requirements relating to payment of brief fees and relisting/reinstatement of appeals; principles of sufficient cause. | Download |
| 2016-07-01 | CA/PHC/APN/0134/2015 |
Ranil Charuka Kulathunga v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Trafficking and possession of cocaine – 62.847 grams – High Court refusal of bail – Availability of appeal – Revisionary jurisdiction – Exceptional circumstances – Family circumstances and private-school fees not exceptional – Discretionary remedy. | Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984 – sections 54A(c) and 83; principles governing revisionary jurisdiction. | Download |
| 2016-06-30 | CA/PHC/0236/2005 |
M.S.M. Rifai Vs. Officer-in-Charge of Galle Police Station and Others.
View More |
Hon. P.R.Walgama, J. | Land dispute – Breach of peace – Disputed passageway – Common user of land – Right of access – State land claim – Section 66 inquiry – Possession dispute – Primary Court Procedure Act – Magistrate’s order – Revision application – Revisionary jurisdiction – Evaluation of evidence – Credibility of witness – Shared use of passage – Police information – No exceptional circumstances – High Court affirmation – Appeal dismissed. | Primary Courts’ Procedure Act No. 44 of 1979 – Section 66(1); Code of Criminal Procedure (referred to in relation to revisionary jurisdiction principles). | Download |
| 2016-06-30 | CA/0242/2010 |
Nanayakkarawasam
Harijja
Waththage Noel Wasantha Silva Vs. Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J. | Bribery, Official duty, Credibility of witnesses, Alibi | Download | |
| 2016-06-30 | CA/PHC/0236/2005 |
M.S.M. Rifai v. Officer-in-Charge, Police Station Galle & Others
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Passage/access – Alleged opening of entrance by neighbouring party – Strip of land used for clearing sewage – Section 66 information – Breach of peace – Possession and right relating to land – High Court revision – Appeal against Magistrate and High Court determinations. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1); Constitution – Article 154P(6); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 9. | Download |
| 2016-06-29 | CA/PHC/APN/0091/2015 |
Dukgannarala Mudiyanselage
Sanjeevani Vinoja Kumari Vs. Officer in Charge of the Crime Investigation Section of the Police Station of Gampaha and Others.
View More |
Hon.L.T.B.Dehideniya,J. | Revision application – Bail application – Refusal of bail – Suspect in robbery case – Robbery using firearms – Third suspect – Mother of suspect – Locus standi – Standing to sue – Right to be heard – Right to maintain proceedings – Non-party applicant – Application by parent – Bail for benefit of another person – Personal interest insufficient – High Court bail jurisdiction – Preliminary objection – Absence of legal standing – Revisionary jurisdiction – Dismissal of application – Objection upheld. | Bail Act No. 30 of 1997; Code of Criminal Procedure Act No. 15 of 1979 (provisions relating to bail applications and revisionary jurisdiction); Constitution of Sri Lanka (supervisory and revisionary jurisdiction of superior courts). | Download |
| 2016-06-29 | CA/PHC/APN/0092/2015 |
Dukgannarala Mudiyanselage
Sanjeevani Vinoja Kumari Vs. Officer in Charge of Crime Investigation Section of Gampaha Police Station and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – Bail application – Refusal of bail – Robbery with firearms – Third suspect – Mother of suspect – Locus standi – Standing to sue – Right to bring an action – Right to be heard – Non-party applicant – Bail sought for another person – Personal hardship – Mental distress – Family hardship – Preliminary objection – Maintainability of application – Revisionary jurisdiction – No legal interest – Absence of standing – New facts not permissible in revision – Question of law – Dismissal of revision application – Objection upheld. | Bail Act No. 30 of 1997; Code of Criminal Procedure Act No. 15 of 1979 (provisions relating to bail and criminal proceedings); Constitution of Sri Lanka (revisionary jurisdiction of superior courts). | Download |
| 2016-06-29 | CA/PHC/APN/0093/2015 |
Dukgannarala Mudiyanselage
Sanjeevani Vinoja Kumari Vs. Officer in Charge of Crime Investigation Section of Gampaha Police StatioN and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – Bail proceedings – Bail refusal – Robbery using firearms – Criminal investigation – Third suspect – Mother of suspect – Locus standi – Legal standing – Right to be heard – Right to bring an action – Non-party applicant – Preliminary objection – Maintainability of application – Personal hardship – Mental distress – Family dependency – Application for another’s release – Benefit to third party – Revisionary jurisdiction – New facts inadmissible in revision – Question of law – Absence of legal interest – Objection upheld – Application dismissed. | Bail Act No. 30 of 1997; Code of Criminal Procedure Act No. 15 of 1979 (provisions relating to bail and criminal proceedings); Constitution of the Democratic Socialist Republic of Sri Lanka (revisionary jurisdiction of superior courts). | Download |
| 2016-06-29 | CA/PHC/APN/0091/2015 |
Dukgannarala Mudiyanselage Sanjeevani Vinoja Kumari v. Officer in Charge, Crimes Investigation Section, Gampaha & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail – Armed robbery suspect – Mother filing application for son’s release – Revision – Locus standi – Applicant not party to Magistrate’s Court proceeding – Bail sought for applicant’s own benefit rather than on grounds relating to suspect – No new facts permitted in revision – Preliminary objection upheld. | Law governing bail and revisionary jurisdiction; principles of locus standi. | Download |
| 2016-06-29 | CA/PHC/APN/0092/2015 |
Dukgannarala Mudiyanselage Sanjeevani Vinoja Kumari v. Officer in Charge, Crimes Investigation Section, Gampaha & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail – Armed robbery suspect – Mother seeking son’s release – Revision – Locus standi – Applicant not a party to Magistrate’s Court proceedings – Bail sought for applicant’s own benefit – New facts cannot be introduced in revision – Preliminary objection upheld. | Law governing bail and revisionary jurisdiction; principles of locus standi. | Download |
| 2016-06-29 | CA/PHC/APN/0093/2015 |
Dukgannarala Mudiyanselage Sanjeevani Vinoja Kumari v. Officer in Charge, Crimes Investigation Section, Gampaha & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Bail – Armed robbery – Revision against High Court refusal of bail – Locus standi – Application by mother for her own benefit – Applicant not party to original proceeding – No new factual basis in revision – Application dismissed. | Law governing bail and revisionary jurisdiction; principles of locus standi. | Download |
| 2016-06-28 | CA/REV/0006/2012 |
Sinniah Selvanayagam Vs. J ayaweera Mudiyanselage
Chandrika Priyadharshani and another.
View More |
Hon. P.R.Walgama, J. | Revision application – State land recovery proceedings – Ejectment from state land – Illegal possession – Notice to show cause – State Land Recovery of Possession Act – Ownership dispute – Land Reform Commission – Deed of transfer – Private ownership claim – Wife as owner of land – Identity of land in dispute – Discrepancy in extent and boundaries – Schedule to deed – Schedule to notice of ejectment – Survey plan – Unchallenged plan – Proper party not impleaded – Magistrate’s order of ejectment – Error of law – Revisionary jurisdiction – Possession dispute – State ownership not established – Order set aside – Revision allowed. | State Lands (Recovery of Possession) Act No. 7 of 1979 – Section 3 (institution of proceedings for recovery of possession of State land); Section 10 (ejectment order and recovery of possession of State land). Land Reform Law – Powers of the Land Reform Commission relating to transfer and alienation of land. Constitution of Sri Lanka – Article 138 (revisionary jurisdiction of the Court of Appeal). | Download |
| 2016-06-28 | CA/REV/0006/2012 |
Sinniah Selvanayagam v. Jayaweera Mudiyanselage Chandrika Priyadharshani, Competent Authority & Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Revision – State land recovery – Ejectment – Claim that land was private land purchased from Land Reform Commission – Identity of land – Difference between deed and ejectment notice – Magistrate’s ejectment order – Revisionary challenge. | State Lands (Recovery of Possession) Act No. 7 of 1979 – sections 3 and 10; Constitution – Article 138. | Download |
| 2016-06-27 | CA/WRT/0155/2015 |
W T L Automobiles (Pvt) LTD Vs. Director General of Customs and Others.
View More |
Hon. P. Padman Surasena, J. | Writ of Certiorari – Writ of Mandamus – State land dispute – Land permit – Divisional Secretary – State land allocation – Co-operative Society – Successor in title – Liquidation of Co-operative Society – Lease of State land – Possession of State land – Land Development Ordinance – Administrative decision – Recommendation versus decision – Amenability to judicial review – Res judicata – Re-litigation of disputes – Public law remedy – Judicial review – Discretionary remedies – Certiorari refused – Mandamus refused – Long possession claim – State land administration. | State Lands Ordinance – provisions relating to the issuance of permits over State lands; Land Development Ordinance – provisions governing the grant of permits and alienation of State lands; Co-operative Societies Ordinance and Co-operative Societies (Special Provisions) Act No. 35 of 1970 – provisions relating to the dissolution, liquidation, and reorganization of co-operative societies. | Download |
| 2016-06-27 | CA/WRT/0152/2016 |
Thushantha Mahindra Ratwatte Vs. Minister of Lands and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ of certiorari – mandamus – land acquisition – sports complex project – Kelani Valley Sports Club – parallel proceedings – pending writ application – intervention – Section 10 Land Acquisition Act – District Court proceedings – Avissawella land dispute – deviation from public purpose – lease of acquired land – gemming activity – temporary use of acquired land – failure to establish abandonment of purpose – repetition of proceedings – abuse of process – maintainability of writ application – lack of prima facie case – dismissal in limine – judicial restraint in writ jurisdiction – concurrent proceedings before Court of Appeal and District Court. | Land Acquisition Act – Section 10; Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-27 | CA/MC-RV/0001/2016 |
A.M. Darshi Nawaratna Vs. Officer in Charge of Special Investigations Unit in Colombo Police Headquarters and Others.
View More |
Hon.M.M.A.Gaffoor, J. | Bail application – revision of Magistrate’s order – Code of Criminal Procedure Act Section 404 – Antiquities Act offences – conspiracy – aiding and abetting – destruction/defacing of antiquities – Penal Code Section 113B and Section 102 – interlocutory criminal jurisdiction – bail in exceptional circumstances – deteriorating health condition of accused – medical evidence in bail – prosecutorial discretion – State concession to bail – pending prosecution witnesses – stage of trial – judicial discretion in bail matters – conditions of bail – cash bail and sureties – reporting conditions to police unit – non-interference with witnesses – surrender of passport – custody vs liberty balance – serious offences against cultural heritage – Vander Poorten v Vander Poorten precedent – partial prosecution case completion – fairness of pre-trial detention – Court of Appeal supervisory jurisdiction – revisionary jurisdiction in criminal procedure. | Code of Criminal Procedure Act No. 15 of 1979 – Section 404; Antiquities Ordinance/Act No. 9 of 1940 (as amended) – Section 15B; Sri Lanka Penal Code – Section 102 (abetment), Section 113B (criminal conspiracy-related provision as cited); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138/140 (appellate & writ/revision jurisdiction framework). | Download |
| 2016-06-27 | CA/WRT/0152/2016 |
Thushantha Mahindra Ratwatte, Basnayake Nilame of Kandy Maha Devale / Sri Vishnu Maha Devalaya v. Hon. John Amaratunga, Minister of Lands & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Mandamus – Land acquisition – Sports complex – Temporary leasing for gemming – Earlier writ action pending – Parallel District Court proceedings – Repetition of pending action – Failure to establish abandonment of original public purpose – Application dismissed. | Land Acquisition Act – sections 10 and 38; Constitution – Article 140. | Download |
| 2016-06-24 | CA/0652/1997F |
Chief Electronic Engineer Airport and Aviation Services Ltd Vs. G.M.De Silva.
View More |
Hon. Deepali Wijesundera, J. | Defamation – Damages for defamation – Qualified privilege – Animus injuriandi – Malice – False allegations – Official capacity – No claims certificate – Territorial jurisdiction – Civil Procedure – Evaluation of evidence – Trial judge’s findings – Burden of proof – Defamatory statements – Roman-Dutch Law – Appellate review – Assessment of damages – Fiscal service of summons – Jurisdiction of District Court – Malicious publication | Civil Procedure Code – Section 187 (requirement that judgments contain the points for determination, decisions thereon, and reasons for such decisions); principles of Roman-Dutch Law governing defamation, including animus injuriandi and the defence of qualified privilege. | Download |
| 2016-06-24 | CA/0058/2010 |
Kanagaratnam Pirabakaran Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Rape – Girl under sixteen years – Plea of guilty – Conviction on own plea – Sentencing – High Court trial without jury – Withdrawal of plea – Incumbent Judge – Successor Judge – Judicial powers – Recording of plea – Comprehension of plea – Compensation to victim – Rigorous imprisonment – Appeal against sentence – Statutory interpretation – Procedural law – Directory provisions – Criminal procedure – Conviction affirmed – Sentence affirmed | Penal Code (as amended by Act No. 22 of 1995) – Section 364(2)(e) relating to rape of a girl under sixteen years of age; Code of Criminal Procedure Act No. 15 of 1979 (as amended) – Sections 183, 197 and 203 governing pleas of guilt, withdrawal of pleas, convictions, sentencing, High Court procedure and judicial powers in criminal trials. | Download |
| 2016-06-24 | CA/0245/2009 |
K.D. Nishantha Perera Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Murder – Dying declaration – Circumstantial evidence – Stabbing death – Absence of eye witnesses – Identification of assailant – Reliability of dying declaration – Corroboration – Refreshing memory of witness – Section 159 Evidence Ordinance – Admissibility of evidence – Contradictions and omissions – Motive – Previous enmity – Recovery of incriminating articles – Medical evidence – Trial Judge misdirection – Evaluation of circumstantial evidence – Failure to apply correct legal principles – Conviction set aside – Re-trial ordered – Appeal partly allowed. | Penal Code – Section 296; Evidence Ordinance – Section 159; Code of Criminal Procedure Act No. 15 of 1979 – Sections 110(4) and 335(2)(a). | Download |
| 2016-06-24 | CA/PHC/0025/2014 |
Mutha Merenngya Keerthi Rohan and another Vs. Koralage Up ali Senarath.
View More |
Hon. P.R.Walgama, J. | Primary Court dispute – Right of way – Easement claim – Access road – Obstruction of roadway – Breach of peace – Section 66 inquiry – Temporary orders – Preservation of peace – Disputed pathway – Alternative access – Necessity easement – Possessory rights – Evaluation of documentary and photographic evidence – Pending partition action – Revision application – Revisionary jurisdiction – No exceptional circumstances – Appeal dismissed – Costs awarded. | Primary Courts Procedure Act No. 44 of 1979 – Sections 66 and 69. | Download |
| 2016-06-24 | CA/0652/1997(F) |
Chief Electronic Engineer, Airport and Aviation Services Ltd. v. G.M. De Silva
View More |
Hon. Deepali Wijesundera, J | Defamation – Employer/employee – “No claims certificate” – Allegation employee failed to return items – Official communication – Territorial jurisdiction – Qualified privilege – Animus injuriandi – Malice – Burden where defamatory words established – Damages. | Civil Procedure Code – sections 187 and 754(1); Roman-Dutch law of defamation; principles of qualified privilege and animus injuriandi. | Download |
| 2016-06-24 | CA/1423/1999(F) |
Kodagoda Sirisena Serasundara v. Kariyawasam Katukolihe Gamage Dyanesius & Others
View More |
Hon. A.H.M.D. Nawaz, J | Re-listing/restoration of appeal – Substitution – Appeal previously abated – No proxy filed by Attorney-at-Law who instituted re-listing application – Existing registered Attorney-at-Law not revoked – Whether different attorney can act – Mandatory proxy requirements – Maintainability of re-listing application. | Civil Procedure Code – section 27(2); procedural law governing proxies, registered Attorneys-at-Law, abatement and re-listing of appeals. | Download |
| 2016-06-24 | CA/PHC/0025/2014 |
Mutha Merenngya Keerthi Rohan & Another v. Koralage Upali Senarath
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Right of way – Ten-foot roadway – Prescription and necessity – Obstruction of access – Private information under section 66(1)(b) – Breach of peace – Magistrate’s determination – High Court revision – Whether claimed roadway existed and extent of right of way. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b); principles governing possession and rights relating to land/right of way. | Download |
| 2016-06-23 | CA/REV/1217/2000 |
Ranawaka Arachchige Don Seemon Vs. Kandana Arachige Geetin Appuhamy and Others.
View More |
Hon. H.C.J.Madawala, J. | Partition action – Revision application – Revisionary jurisdiction – Final decree – Interlocutory decree – Amendment of decree – Omission of necessary party – Co-owner omitted from action – Registered title – Bona fide purchaser – Unallotted share – Miscarriage of justice – Fundamental vice – Laches – Inordinate delay – Unexplained delay – Mental illness – Failure to prove incapacity – Exceptional circumstances – Alternative remedy – Right of appeal – Failure to exhaust remedies – Non-compliance with procedural rules – Court of Appeal Rules – Certified copies – Mandatory requirements – Suppression of material facts – Judicial discretion – Trial de novo – Dismissal in limine – Extraordinary remedy – Partition proceedings – Finality of partition decrees – Revision not a substitute for appeal. | Partition Law No. 21 of 1977 – Sections 12 and 25 relating to disclosure of parties interested in the corpus, investigation of title, and partition proceedings; Civil Procedure Code – Section 754(2) relating to appeals against interlocutory orders; Court of Appeal (Appellate Procedure) Rules 1990 – Rule 3(1)(a) relating to filing certified copies of documents and Rule 47 relating to mandatory averments in revision applications; Constitution of the Democratic Socialist Republic of Sri Lanka – Article 141 relating to the revisionary jurisdiction of the Court of Appeal. | Download |
| 2016-06-23 | CA/0232/2010 |
Nammuni Kankanamge Nirantha Silva Vs. The Attorney General.
View More |
Hon. M.M.A.Gaffoor, J. | Culpable Homicide not Amounting to Murder – Single blow case – Death caused by assault with “polpiththa” – Absence of premeditation – No murderous intention – Sudden confrontation – Prior dispute between accused and deceased – Sole eye-witness evidence – Medical evidence corroborating ocular testimony – Contradictions in witness testimony – Sentencing principles – Mitigating circumstances – Youth of offender – Delay in final disposal of case – Passage of twenty years since offence – Rehabilitation of offender – Suspended sentence – Reduction of sentence on appeal – Compensation to victim’s family – Default sentence for non-payment of compensation – Appeal against sentence – Conviction affirmed – Sentence varied. | Penal Code – Sections relating to culpable homicide not amounting to murder; Code of Criminal Procedure Act – Sentencing, suspended sentences, compensation, and appellate powers. | Download |
| 2016-06-23 | CA/0232/2010 |
Nammuni Kankanamge Nirantha Silva v. Hon. Attorney General
View More |
Hon. M.M.A. Gaffoor, J | Culpable homicide not amounting to murder – Sentence appeal – Single blow with polpiththa – Lack of premeditation – Appellant 21 years at time of offence – Twenty-year lapse since incident – Mitigating circumstances – Four-year imprisonment reduced to two years suspended for ten years – Compensation to victim’s wife/heirs. | Code of Criminal Procedure Act No. 15 of 1979 – section 331; Penal Code provisions governing culpable homicide; sentencing principles relating to suspended sentences and compensation. | Download |
| 2016-06-23 | CA/REV/1217/2000 |
Ranawaka Arachchige Don Seemon v. Kandana Arachige Geetin Appuhamy & Others
View More |
Hon. H.C.J. Madawala, J | Revision – Partition action – Petitioner allegedly omitted from original action despite registered title – Application filed approximately five years after impugned order – Laches – Exceptional circumstances – Alternative remedy by appeal – Failure to annex material order – Mental illness advanced as explanation – Finality of partition proceedings. | Partition Law No. 21 of 1977 – section 12; Constitution – Article 138; principles governing revision, exceptional circumstances, alternative remedy and laches. | Download |
| 2016-06-22 | CA/WRT/0098/2016 |
F Haffmann-La Roche Ltd. and another Vs. National Medicines Regulatory Authority and Others.
View More |
Hon. Padman Surasena, J. | Writ of Certiorari – interim relief – ex parte application – stay order – suspension of registration of medicine – NMRA Act – biosimilar drugs – pharmaceutical regulation – Rule 2(1) Court of Appeal (Appellate Procedure) Rules 1990 – notice requirement – urgency test – delay in giving notice – preliminary objections – maintainability of interim relief – balance of convenience – irreparable harm – nugatory final order – prima facie case argument – ultra vires – procedural ultra vires – substantive ultra vires – public interest in healthcare – availability of medicines – cancer treatment access – monopoly allegations – audi alteram partem – natural justice – uberrimae fidei – abuse of process – collateral attack on regulatory decision – concurrent jurisdiction considerations – ex parte order vacated. | Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal); Court of Appeal (Appellate Procedure) Rules 1990 – Rule 2(1) (notice requirement and ex parte interim relief); Court of Appeal (Appellate Procedure) Rules 1990 – proviso to Rule 2(1) (grant of interim relief without notice in urgent circumstances); principles of natural justice and audi alteram partem; doctrine of uberrimae fidei in ex parte applications; writ jurisdiction principles under Sri Lankan administrative law (certiorari, mandamus, prohibition, quo warranto). | Download |
| 2016-06-22 | CA/WRT/0177/2016 |
Don Charles Themiya Sirimanne Vs.Minster of Transport and Civil Aviation and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ of mandamus – failure to investigate complaint – Civil Aviation Authority – administrative inaction – disciplinary incidents – service termination – parallel proceedings – Labour Tribunal – fundamental rights application – delay in filing writ application – statutory duty to investigate – regulatory authority – availability of alternative remedy – prematurity of writ application – ongoing inquiry by respondent authority – public interest litigation – locus standi – mootness of claim – non-maintainability – lack of cause of action at present stage – dismissal in limine – judicial restraint in mandamus jurisdiction. | Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal); Court of Appeal (Appellate Procedure) Rules 1990 – Rule 2(1) (procedure for interim relief and notice requirements). | Download |
| 2016-06-22 | CA/0307/1999(F) |
Dr. Aruni Molagoda v. Disanayake Mudiyanselage Gunawardena
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Ejectment – Alleged right of way – Access road – Servitude – Survey plans – Road allegedly created after original survey – Defendant claiming access through plaintiff’s land – Evaluation of surveyor evidence – District Court judgment for plaintiff. | Roman-Dutch law principles concerning servitudes/right of way; civil law governing declaration of title and ejectment. | Download |
| 2016-06-21 | CA/PHC/194/2009 CA/PHC/195/2009 |
Hettiarachchige Gunapala Vs. Jayasingha Arachchige Chandradasa and Others.
View More |
Hon. P.R.Walgama, J. | Agrarian dispute – Tenant cultivator – Sub-tenant cultivator – Illegal occupation of paddy land – Writ of Certiorari – Judicial review – Assistant Commissioner of Agrarian Services – Inquiry into tenancy rights – Unauthorised transfer of cultivation rights – Section 5(9) application – Eviction of unlawful occupant – Agricultural land register – Failure to prove tenancy – Amalgamation of inquiries – Agrarian Services Act repealed – Transitional provisions – Pending proceedings – Agrarian Tribunal – Illegal entry into paddy land – Appeal dismissed. | grarian Services Act No. 58 of 1979 (as amended by Act No. 4 of 1991) – Sections 5(9) and 11(3); Agrarian Development Act No. 46 of 2000 – Section 99(2)(e) and corresponding Section 7(10); Constitution of Sri Lanka – Article 140 (writ jurisdiction, implied). | Download |
| 2016-06-21 | CA/PHC/APN/0097/2014 |
Balachandranprasath Satheesharan Vs. The Attorney General.
View More |
Hon. H.C.J. Madawala, J. | Revision application – Criminal appeal – Conviction in absentia – Trial in absentia – Right of appeal – Statutory right of appeal – High Court conviction – Rejection of petition of appeal – Failure to receive summons – Lack of knowledge of proceedings – Absconding accused – Contumacious conduct – Acceptance of appeal petition – Revisionary jurisdiction – Fair hearing – Criminal Procedure – High Court directed to accept appeal – Preparation of briefs – Revision allowed. | Code of Criminal Procedure Act No. 15 of 1979 – Sections 241(a) and 331(1); Judicature Act – Section 14. | Download |
| 2016-06-21 | CA/PHC/0034/2006 |
Nimal Samarasinghe & Others v. Tanippulige Pathmaseeli & Thennakonlage Sunil Rathnayake
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Right of way – Fence and gate post obstructing access – Section 66 proceedings – High Court revision – Exceptional circumstances – No statutory appeal – Temporary nature of Primary Court determination – Civil action as ultimate remedy – Revision should not become substitute for appeal. | Primary Courts’ Procedure Act No. 44 of 1979 – Part VII, including sections 66 and 74; principles governing revisionary jurisdiction and exceptional circumstances. | Download |
| 2016-06-21 | CA/PHC/0194-0195/2009 |
Hettiarachchige Gunapala v. Jayasingha Arachchige Chandradasa & Others
View More |
Hon. P.R. Walgama, J | Agrarian dispute – Tenant cultivator – Paddy field – Alleged subletting without owner’s consent – Assistant Commissioner of Agrarian Development – Certiorari – High Court refusing writ – Status and rights of tenant cultivator – Administrative inquiry – Appeal against Provincial High Court judgment. | Agrarian Services Act No. 58 of 1979 – section 5(9), as amended by Act No. 4 of 1991; agrarian law governing tenant cultivators; Provincial High Court writ jurisdiction. | Download |
| 2016-06-21 | CA/PHC/APN/0097/2014 |
Balachandranprasath Satheesharan v. Hon. Attorney General
View More |
Hon. H.C.J. Madawala, J | Revision – Trial in absentia – Abduction, unlawful assembly, grievous hurt, torture and killing – Petition of appeal rejected – Statutory right of appeal – Absconding accused – High Court directed to accept petition of appeal. | Code of Criminal Procedure Act No. 15 of 1979 – sections 241(a) and 331(1); Judicature Act – section 14. | Download |
| 2016-06-21 | CA/WRT/0083/2016 |
Rohan Godellawatte v. Ceylon Petroleum Corporation & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ jurisdiction – Same order previously challenged before Supreme Court – Supreme Court refused notice – Substantially identical Court of Appeal application – No additional material or subsequent development – Discretionary remedy – Notices refused. | Constitution – Article 140; principles governing discretionary writ jurisdiction and repeated challenges to the same administrative decision. | Download |
| 2016-06-17 | CA/0509/1997F |
Jayasinghage Anula Vs. Gladys Augusta Weerasinghe nee
Boralessa and Others.
View More |
Hon. Deepali Wijesundera, J. | Declaration of title – Nullity of deeds – Unsound mind – Lunacy adjudication – Lucid interval – Validity of deeds – Mental incapacity – Gift deed – Burden of proof – Presumption of continuance of insanity – Testamentary succession – Bona fide purchaser – Notary’s duty – Void transactions – Capacity to contract – Judicial inquiry into mental condition – Appeal dismissed. | Civil Procedure Code – Sections 560, 565, and 578 (judicial inquiry into mental incapacity, examination of persons alleged to be of unsound mind, and procedure for restoration of capacity after adjudication of lunacy). | Download |
| 2016-06-17 | CA/PHC/0121/2006 |
Opanayakage Sampath Vs. Additional Director of Ministry of Plantation Industries.
View More |
Hon. P.R.Walgama,J. | State land recovery – Recovery of possession – Ejectment order – Competent Authority – Quit notice – Authority to institute proceedings – State Lands (Recovery of Possession) Act – Revision application – Revisionary jurisdiction – Failure to raise objection at trial – Unauthorized occupation – No proof of title or permit – State land dispute – Provincial High Court jurisdiction – 13th Amendment – Appeal dismissed – Costs awarded. | State Lands (Recovery of Possession) Act No. 7 of 1979 – Sections 5 and 18; State Lands (Recovery of Possession) (Amendment) Act No. 60 of 1993; Constitution of Sri Lanka – 13th Amendment. | Download |
| 2016-06-17 | CA/PHC/0178/2003 |
P.G Heenhamy Vs. Assistant Commissioner of Agrarian
Development.
View More |
Hon. L.T.B.Dehideniya,J. | Agrarian dispute – Eviction from agricultural land – Agrarian Services Act – Agricultural Development Act – Repeal and transitional provisions – Enforcement of eviction order – Tenant cultivation rights – Magistrate’s Court eviction proceedings – Revision application – Writ of Certiorari – Pending appeal – Effect of repeal of statute – Vested rights – Interpretation Ordinance – Administrative circulars – No statutory force of circulars – Execution of orders pending appeal – High Court revision – Appeal dismissed. | Agrarian Services Act No. 58 of 1979 – Section 18(2) and (3); Agricultural Development Act No. 46 of 2000 – Section 99; Interpretation Ordinance – Section 6(3); Court of Appeal (Procedure for Appeals from High Courts) Rules, 1988. | Download |
| 2016-06-17 | CA/WRT/0391/2014 |
R.K.D. Pushpanie Chandralatha Wijeratne Vs. Master divers (Pvt) Ltd. and Others.
View More |
Hon. Vijith K. Malalgoda PCJ (P/CA) | Writ of certiorari – administrative decision review – writ jurisdiction – Employee’s Provident Fund (EPF) – gratuity payment – labour law enforcement – Labour Commissioner inquiry – continuation of inquiry after death of employee – locus standi – maintainability of writ application – intervention application – necessary party doctrine – intervenient petitioner – widow of deceased employee – dependency rights – industrial dispute resolution – Labour Tribunal proceedings – parallel proceedings (Labour Tribunal vs Commissioner of Labour) – statutory entitlements of employees – financial liability determination – procedural fairness – natural justice – inquiry under labour statutes – jurisdiction of Court of Appeal (writ) – evidentiary findings of administrative authority – refusal of intervention – “vitally concerned” test – adequate representation of parties – judicial discretion in intervention – Mahanayaka Thero precedent – GMOA case precedent – sufficient parties principle – dismissal of intervention application. | Employees’ Provident Fund Act No. 15 of 1958 – Section 9, Section 10, Section 11 (EPF contributions and recovery); Payment of Gratuity Act No. 12 of 1983 – Section 5, Section 8; Industrial Disputes Act (Chapter 131) – relevant provisions on Labour Tribunal jurisdiction; Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-17 | CA/0727/1993(F) |
Mohamed Lebbe Sithi Arifa Umma, S.M. Lebbe Badur Niza & Saleema Lebbe v. P.I. Mohamed Husen alias Meera Lebbe & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition action – Muslim succession – Devolution of shares – Multiple marriages and heirs – Child surviving mother for short period – Inheritance under Muslim law – Deeds transferring inherited shares – Co-ownership – Investigation and allocation of shares in partition proceedings. | Partition Law; Muslim law of succession and inheritance; law governing deeds and co-ownership. | Download |
| 2016-06-17 | CA/PHC/0121/2006 |
Opanayakage Sampath v. Abhayananda Dias, Additional Director, Ministry of Plantation Industries
View More |
Hon. P.R. Walgama, J | State-land recovery – Competent Authority – Additional Director of Ministry – Ejectment – Whether official instituting proceedings fell within statutory definition – Objection not properly raised in Magistrate’s Court – High Court revision – Appeal against eviction order. | State Lands (Recovery of Possession) Act No. 7 of 1979 – sections 5 and 18; State Lands (Recovery of Possession) (Amendment) Act No. 60 of 1993; Constitution – Article 154P(3)(b). | Download |
| 2016-06-17 | CA/PHC/0178/2003 |
P.G. Heenhamy v. Assistant Commissioner of Agrarian Development, Hambantota
View More |
Hon. L.T.B. Dehideniya, J | Agrarian land – Eviction – Order initially made under repealed Agrarian Services Act – Proceedings instituted after enactment of Agrarian Development Act – Transitional provisions – Effect of repeal – Validity of prior administrative order – Enforcement of accrued rights and completed acts. | Agrarian Services Act No. 58 of 1979 – sections 18(2) and 18(3), as amended by Act No. 4 of 1991; Agrarian Development Act No. 46 of 2000 – section 99; Interpretation Ordinance – section 6(3). | Download |
| 2016-06-14 | CA/PHC/APN/MIS/0001/2015 |
Jayantha Evantius Fernando alias Jay Evantius Fernando Vs. Registrar-General of Companies.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Company incorporation – Approval of company name – Registrar General of Companies – Reservation of company name – Corporate registration – Settlement between parties – Withdrawal of application – Conditions for incorporation – Shareholding restrictions – Exchange Control Regulations – Consent order – Application dismissed – No order as to costs. | Companies Act; Exchange Control Regulations. | Download |
| 2016-06-14 | CA/WRT/0228/2012 |
Pussallawa Plantetion Limited Vs. Minister of Plantation Industries and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Writ of certiorari – writ of prohibition – writ of mandamus – judicial review – land vesting and re-vesting – Land Reform Commission – Janatha Estate Development Board (JEDB) – leasehold rights – 99-year lease agreement – locus standi – maintainability of writ application – statutory interpretation – Section 27A(1) and 27A(4) Land Reform Law – ministerial discretion – condition precedent – consideration clause – ultra vires challenge – public purpose – re-vesting of state land – private law remedy vs public law remedy – contractual dispute – affected party doctrine – Bogawantalawa Plantations precedent – Namunukula Plantations case – discretionary power of Minister – absence of statutory right – dismissal in limine. | Land Reform Law No. 1 of 1972 – Section 22(1)(f), Section 27A(1), Section 27A(4); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-14 | CA/APN/MISC/0001/2015 |
Jayantha Evantius Fernando alias Jay Evantius Fernando v. Registrar-General of Companies
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Company incorporation – Proposed name “THON LANKA (Pvt) Ltd.” – Settlement between petitioner and Registrar-General of Companies – Name availability – Reservation of company name – Shareholding subject to exchange-control requirements – Withdrawal of application – Dismissed without costs. | Companies Act; Exchange Control Regulations. | Download |
| 2016-06-14 | CA/WRT/0228/2012 |
Pussallawa Plantation Limited v. Minister of Plantation Industries & Others
View More |
Hon. L.T.B. Dehideniya, J | Certiorari, Prohibition and Mandamus – Land Reform Commission – Penrith Estate – 99-year lease – Re-vesting of land – Ministerial authority – Lessee’s locus standi – Leasehold rights – Private law remedy – Ultra vires challenge. | Land Reform Law No. 1 of 1972 – sections 27A(1), 27A(4) and 42H; Companies Act No. 17 of 1982 – section 15(1); Conversion of Public Corporations or Government Owned Business Undertakings into Public Companies Act No. 23 of 1987 – section 2(2). | Download |
| 2016-06-14 | CA/WRT/0348/2012 |
Pussallawa Plantation Limited v. Minister of Plantation Industries & Others
View More |
Hon. L.T.B. Dehideniya, J | Writ application – Similar facts and law to CA/Writ/228/2012 – Re-vesting of plantation land – Land acquisition notice – Ultra vires – Locus standi – Earlier reasoning adopted – Application dismissed without costs. | Land Reform Law No. 1 of 1972; Land Acquisition Act – section 7; legislation applied in CA/Writ/228/2012. | Download |
| 2016-06-13 | CA/0977/2000F |
Wijesiriratne Singhapurage Stanley Vs. Kusumawathi Wanigasekara.
View More |
Hon. A.H.M.D.Nawaz, J. | Divorce – Matrimonial action – Appeal – Settlement between parties – Terms of settlement – Consent order – Variation of judgment – Alimony – Reduction of alimony – Maintenance payment – Decree nisi – Decree absolute – Family law – Compromise of dispute – Open court settlement – Appellate court powers – Dismissal of appeal – Enforcement of settlement – Remittal to District Court – Consent variation of decree. | Matrimonial Rights and Inheritance Ordinance (as amended) – provisions relating to divorce and alimony; Civil Procedure Code – provisions governing settlement of actions, consent judgments, appellate jurisdiction, variation of decrees by consent of parties, and execution of decrees. | Download |
| 2016-06-13 | CA/0191/2012 |
Yakgahavita Liyanage Wijesiri Vs. The Democratic Socialist Republic of Sri Lanka.
View More |
Hon. S. Devika De Livera Tennekoon, J. | Murder – Culpable homicide – Section 296 Penal Code – Causing hurt in same transaction – Section 315 Penal Code – Sudden fight defence rejected – Exception 4 to Section 294 Penal Code – Eye-witness evidence – Credibility of witness – Appreciation of evidence – Dock statement – Failure to put defence theory in cross-examination – Burden of proof – Standard of proof beyond reasonable doubt – Evaluation of medical and police evidence – Multiple stab injuries – Intention to cause death – Re-trial order by Court of Appeal – Scope of appellate review – Procedural irregularity argument rejected – Separate trial validity – Jury/trial judge evaluation – Affirmation of conviction and death sentence – Criminal appeal dismissed. | Penal Code – Sections 296 (murder), 315 (causing hurt), and 294 (Exception 4 relating to sudden fight and culpable homicide not amounting to murder); Evidence Ordinance (Sri Lanka) – Section 105 (burden of proof in exceptions/defences); Criminal Procedure Code – provisions relating to re-trial orders, appellate review, and conduct of High Court trials; principles on burden of proof, evaluation of dock statements, credibility of witnesses, and appellate interference with findings of fact. | Download |
| 2016-06-13 | CA/0178/2008 |
A.Y.S.D. Gunarathne Vs. . Mohommad Saheed Hajjiar Sitti
Raleena and Others.
View More |
Hon. P.R.Walgama, J. | Land acquisition – State land – Compensation award – Writ of Certiorari – Writ of Mandamus – Judicial review – Acquisition of land – Entitlement to compensation – Competing claims to ownership – Section 17 compensation determination – Section 38(b) acquisition notice – Failure to claim compensation – Delay and laches – Reopening compensation inquiry – Equitable relief – Provincial High Court jurisdiction – State land matters – Devolution of powers – Provincial Council List – Land powers under the Constitution – Jurisdictional challenge – Lack of jurisdiction – Appeal allowed – High Court order set aside. | Land Acquisition Act – Sections 7, 9, 17 and 38(b); Constitution of Sri Lanka – Article 154P(4)(b); Ninth Schedule, Provincial Council List and Appendix II (Land and Land Settlement); Constitution of Sri Lanka – Article 33(d); Thirteenth Amendment to the Constitution. | Download |
| 2016-06-13 | CA/PHC/APN/0017/2012 |
Appu Hennadige Don Stephen de Silva and 2 Others Vs. The Officer in Charge of the Rambukkana Police Station and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Breach of peace – Preventive jurisdiction – Security for keeping the peace – Bond for keeping the peace – Section 81 inquiry – Criminal Procedure Code – Magistrate’s powers – Execution of bond – Operative period of bond – Expiry of bond – Land dispute – Possession of land – Jurisdictional limits – Conditions of bond – Order exceeding statutory powers – Revision application – High Court – Illegal order – Disturbance of possession – Civil action pending – Variation of Magistrate’s order – Appeal dismissed subject to variation. | Criminal Procedure Code – Sections 81, 87, 90(1), 91(1) and 89; Primary Courts Procedure Act No. 44 of 1979 – Part VII. | Download |
| 2016-06-13 | CA/PHC/APN/0097/2007 |
Kosala Bandara Bakmeewewa Vs. L.B. Finance PLC.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – Commercial High Court – High Court exercising Civil Jurisdiction – Settlement agreement – Default in payment of installments – Writ of execution – Enforcement of settlement – Revisionary jurisdiction – Appellate jurisdiction – Restitutio in integrum – Jurisdictional objection – Exclusive appellate jurisdiction – Appeal from Commercial High Court – Orders and judgments of Commercial High Court – Supreme Court jurisdiction – Court of Appeal jurisdiction excluded – High Court Special Provisions Act – Civil commercial disputes – Execution proceedings – Lack of jurisdiction – Revision dismissed. | High Court of the Provinces (Special Provisions) Act No. 10 of 1996 – Sections 2 and 5; Constitution of the Democratic Socialist Republic of Sri Lanka – Articles 138 and 154P; Civil Procedure Code (definition of “judgment” and “order” under Section 754(5)); Companies Act No. 17 of 1982 – Sections 210 and 211 (referred to in precedent cases). | Download |
| 2016-06-13 | CA/WRT/0151/2016 |
K.D.T.D.Kapila Kodagoda Vs. Lieutenant General of Commander of the Sri Lanka Army.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Pension deduction – retired military officer – Army Court of Inquiry – misappropriation allegations – issue bay – financial recovery from pension – arbitrariness – ultra vires – absence of disciplinary inquiry – natural justice – right to cross-examine – fact-finding inquiry – distinction between Court of Inquiry and disciplinary inquiry – service commander’s discretion – special military financial regulations – prima facie case – interim relief – irreparable loss – suspension of pension deductions – judicial review of administrative action – procedural fairness – legality of recovery orders – maintainability of writ application. | Army Act (No. 17 of 1950) – Section 27(d); Financial Regulations No. 102 relating to losses of the Three Armed Forces – Special Rules (Rule 4(a), Rule 9); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-13 | CA/0977/2000(F) |
Wijesiriratne Singhapurage Stanley v. Kusumawathi Wanigasekara
View More |
Hon. A.H.M.D. Nawaz, J | Divorce appeal – Settlement between parties – District Court divorce affirmed – Alimony reduced to Rs.75,000 – Payment by instalments – Consent terms – Decree varied to incorporate settlement – Appeal dismissed subject to variation. | Matrimonial law; Civil Procedure Code principles relating to settlement, consent terms and variation of decree. | Download |
| 2016-06-13 | CA/PHC/APN/0017/2012 |
Appu Hennadige Don Stephen de Silva & Others v. Officer in Charge, Police Station Rambukkana & Others
View More |
Hon. L.T.B. Dehideniya, J | Security for keeping peace – Breach of peace – Parties consenting to execute bond – Revision – Challenge to procedure after consenting to order – Estoppel – Bond period already expired – Mootness – Magistrate’s jurisdiction – Illegality as basis for challenge. | Code of Criminal Procedure Act – sections 81 and 90(1), and provisions relating to security for keeping the peace. | Download |
| 2016-06-13 | CA/PHC/0043/2008 |
Pillegedara Punchirala v. N.G. Panditharatne, Divisional Secretary & Others
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – State land – Land Development Ordinance – Succession to State grant – Original permit/grant holder dying without nominating successor – Divisional Secretary transferring rights to another heir – Certiorari and Mandamus – Competing succession claims. | Land Development Ordinance – section 72 and succession provisions; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11. | Download |
| 2016-06-13 | CA/PHC/0300/2006 |
Percy Denipitiya / City Undertakers (Pvt) Ltd. v. Hon. Attorney General & Assistant Commissioner of Labour
View More |
Hon. L.T.B. Dehideniya, J | Employees’ Provident Fund – Recovery of unpaid EPF – Employer converted from sole business to private company – Certificate filed in Magistrate’s Court – Magistrate acting as collecting agency – Limited judicial function – Recovery procedure – Appeal from High Court affirming Magistrate. | Employees’ Provident Fund Act – sections 38(2) and 38(3); principles governing statutory certificates and administrative recovery through Magistrate’s Court. | Download |
| 2016-06-13 | CA/PHC/APN/0097/2007 |
Kosala Bandara Bakmeewewa & Others v. L.B. Finance PLC
View More |
Hon. L.T.B. Dehideniya, J | Commercial High Court – Revision – Settlement – Writ of execution – Jurisdiction of Court of Appeal over revision from Commercial High Court – Statutory appeal mechanism – Appeal lies to Supreme Court. | High Court of the Provinces (Special Provisions) Act No. 10 of 1996 – sections 2 and 5; Constitution – Article 154P. | Download |
| 2016-06-10 | CA/0591/1997F |
S.Arulanandam Vs. V.Tharumalingam and Others.
View More |
Hon. Deepali Wijesundera, J. | Declaration of title – Mental incapacity – Unsound mind – Lunatic adjudication – Lucid interval – Validity of deeds – Void deed – Transfer of immovable property – Burden of proof – Presumption of continuance of insanity – Restoration to reason – Testamentary succession – Guardian of person of unsound mind – Mental hospital treatment – Bona fide purchaser – Notary’s duty – Evidence evaluation – Appeal dismissed – Civil litigation. | Civil Procedure Code – Sections 560, 565 and 578 (inquiries relating to persons of unsound mind, determination of mental capacity, and procedure for restoration of capacity after adjudication as a person of unsound mind). | Download |
| 2016-06-10 | CA/PHC/0024/2009 |
Dharmarathna Wasam Palliyage Sampath Manjula Nanayakkara Vs. Commissioner of Co-operative
Development & Registrar of Co-operative Societies and Others.
View More |
Hon. P.R.Walgama, J. | Writ of Certiorari – Writ of Mandamus – Cooperative Society dispute – Appeal against arbitral award – Appeal deposit requirement – Validity of appeal – Mandatory statutory deposit – Ultra vires challenge rejected – Registrar of Cooperative Societies – Rejection of appeal – Procedural fairness – Statutory interpretation – Rule-making power – Compliance with appeal procedure – Delay and laches – Appellate review – Dismissal of writ application – Costs awarded – Appeal dismissed. | Co-operative Societies Law – Sections 58(3) and 61(2)(y); Co-operative Societies Rules – Rule 49(XII)(a), (b), (c), (d) and (e). | Download |
| 2016-06-10 | CA/PHC/0133/2007 |
M.S. Atigala and another Vs. Gamhewage Piyasena.
View More |
Hon.L.T.B.Dehideniya, J. | Primary Court Dispute – Possession of Paddy Land – Breach of Peace – Section 66 Inquiry – Jurisdiction of Magistrate/Primary Court – Distinction between Possessory Dispute and Tenant Cultivator Eviction – Agrarian Law vs Primary Courts Procedure Act – Evaluation of Possession – Paddy Land Registry Extract – Acreage Tax Receipts – Documentary Evidence – Ex Parte Police Inquiry – Evidentiary Value of Statements – Revision Application – High Court Revision – Restoration of Magistrate’s Order – Appeal Allowed – Costs Awarded. | Primary Courts Procedure Act No. 44 of 1979 – Sections 66 and 75; Agricultural Lands Law No. 42 of 1973; Agrarian Services Act No. 58 of 1979. | Download |
| 2016-06-10 | CA/WRT/0023/2013 |
Kalu Arachchige Allen Nona Vs. Commissioner General of Agrarian Development and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ of Certiorari – Agrarian Development Act No. 46 of 2000 – Section 90 determination – Provincial High Court writ jurisdiction – Court of Appeal jurisdiction – 13th Amendment to the Constitution – Article 154P(4) Constitution – Article 140 Constitution – Provincial Council List Item 9 (Agriculture and Agrarian Services) – concurrent writ jurisdiction – locus standi – preliminary objections – maintainability of writ application – jurisdictional conflict – purposive interpretation – Assistant Commissioner of Agrarian Development – agricultural land dispute – threshing floor rights – agricultural road obstruction – transfer of proceedings – Section 12 proviso of High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – expediency of forum selection – alternative forum – jurisdictional overlap. | Constitution of the Democratic Socialist Republic of Sri Lanka – Article 154P(4) (writ jurisdiction of Provincial High Courts); Constitution of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – Section 12 proviso (transfer of writ applications filed in the Court of Appeal); 13th Amendment to the Constitution – Provincial Council List Item 9 (Agriculture and Agrarian Services); Agrarian Development Act No. 46 of 2000 – Section 90 (powers of Assistant Commissioner of Agrarian Development and related determinations). | Download |
| 2016-06-10 | CA/0209/1999(F) |
K.M. Podinona v. H.M. Kumarihamy & Others / K.G. Chandradasa
View More |
Hon. M.M.A. Gaffoor, J | Declaration of title and ejectment – State grants – Lots 449, 450 and 451 – Devolution of title by deeds – Dispute over extent of corpus – Allegation of forged deed – Defendants claiming long possession – Identification of subject matter – Prescription – Documentary title. | Prescription principles; general civil law governing declaration of title, ejectment, deeds and burden of proof. | Download |
| 2016-06-10 | CA/0209/1999(F) |
K.M. Podinona v. H.M. Kumarihamy & Others / K.G. Chandradasa
View More |
Hon. M.M.A. Gaffoor, J | Declaration of title and ejectment – State grants – Lots 449, 450 and 451 – Devolution of title by deeds – Dispute over extent of corpus – Allegation of forged deed – Defendants claiming long possession – Identification of subject matter – Prescription – Documentary title. | Prescription principles; general civil law governing declaration of title, ejectment, deeds and burden of proof. | Download |
| 2016-06-10 | CA/0591/1997(F) |
V. Tharumalingam v. S. Arulanandam & Ulgawathy Arulanandam, with substituted Plaintiff-Respondents
View More |
Hon. Deepali Wijesundera, J | Specific performance – Agreement for sale – Balance purchase price unpaid – Certainty of contractual terms – Ejectment – Whether right to eject arose expressly or by implication – District Judge’s duty to answer issues – Enforcement of agreement – Appeal from decree for plaintiff. | General law of contract and specific performance; Civil Procedure Code principles concerning framing and answering issues. | Download |
| 2016-06-10 | CA/PHC/0133/2007 |
M.S. Atigala & J.A. Senavirathne v. Gamhewage Piyasena
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Paddy land – Competing cultivators – Potato cultivation – Jurisdiction under section 66 – Whether special agrarian legislation excludes Primary Court jurisdiction – Breach of peace – Possession – High Court reversal of Magistrate’s determination. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and 75; agrarian legislation governing tenant cultivators and paddy lands. | Download |
| 2016-06-09 | CA/PHC/0273/2003 |
Wijenayake Kankanamge Ariyapala Vs. L.P.A. Samarajeewa and Others.
View More |
Hon.P.R.Walgama, J. | Co-operative society dispute – Surcharge inquiry – Shortage of funds – Section 44 inquiry – Arbitral award – Appeal to Registrar – Rejection of appeal – Failure to deposit required sum – Rule 49(XII)(b) – Writ of Certiorari – Writ of Mandamus – Judicial review – Delay in seeking relief – Laches – Non-compliance with procedural requirements – Failure to tender originals or certified copies – Court of Appeal Rules 1990 – Rule 3(1)(a) – Finality of Registrar’s decision – Recovery proceedings in Magistrate’s Court – Appeal dismissed. | Co-operative Societies Law No. 5 of 1972 – Sections 44, 58(2), 58(3), 58(4) and 58(5); Court of Appeal (Appellate Procedure) Rules 1990 – Rule 3(1)(a); Rule 49(XII)(a) and Rule 49(XII)(b) of the relevant Co-operative Societies Rules. | Download |
| 2016-06-09 | CA/PHC/0273/2003 |
Wijenayake Kankanamge Ariyapala v. Commissioner of Co-operative Development & Registrar of Southern Province & Others
View More |
Hon. P.R. Walgama, J | Co-operative society – Inquiry into shortage – Monetary liability – Appeal to Commissioner – Mandatory deposit – Failure to make prescribed deposit – Rejection of appeal – Certiorari – Further appeal to Minister – Statutory appeal procedure – Maintainability of writ relief. | Co-operative Societies Law No. 5 of 1972 / applicable Co-operative legislation – section 44; Co-operative Rules – Rule 49(XII)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 7. | Download |
| 2016-06-08 | CA/0853/1999F |
Padukka Vidanalage Gunasena and another Vs. Rupasinghe Arachchige Ason Singho.
View More |
Hon. A.H.M.D.Nawaz, J. | Partition action – Appeal – Preliminary objection – Locus standi – Statement of claim – Failure to file statement of claim – Points of contest – Defendant in default – Ex parte proceedings – Enlargement of corpus – Exclusion of Lot 1 – Leave of court – Participation in trial – Cross-examination by defaulting party – Curative provisions – Partition Law – Aggrieved party – Dissatisfied party – Right of appeal – Legal grievance – Audi alteram partem – Corpus of land – Preliminary survey plan – Trial de novo – Maintainability of appeal – Defaulting defendant – Partition proceedings. | Partition Law No. 21 of 1977 – Sections 19(1) (statement of claim by defendant), 25(2) (effect of failure to file statement of claim and ex parte proceedings), and 25(3) (leave of court to permit participation by a defaulting party); Civil Procedure Code – Section 754(1) (right of appeal by a dissatisfied party); Code of Criminal Procedure Act No. 15 of 1979 – Section 260 (right of representation of an aggrieved party). | Download |
| 2016-06-08 | CA/0105/2013 |
D.A. Anura Priyantha Dasanayake Vs. The Attorney General.
View More |
Hon. Malinie Gunaratne, J. | Confiscation of Vehicle – Forfeiture of conveyance – Cannabis trafficking – Narcotics offence – Use of vehicle in drug transportation – Poisons, Opium and Dangerous Drugs Act – Section 79(1) forfeiture proceedings – Presumption arising from use of vehicle in offence – Burden on claimant to prove lack of knowledge – Balance of probabilities – Ownership and entrustment of vehicle – Failure to establish innocent use – Evaluation of credibility of evidence – Judicial inquiry in confiscation proceedings – Trial Judge discretion – Appellate review of confiscation order – Affirmation of forfeiture – Insufficient proof of absence of knowledge – Drug-related vehicle seizure – Judicial assessment of evidence – Dismissal of appeal. | Poisons, Opium and Dangerous Drugs (Amendment) Act No. 13 of 1984 – Section 79(1). | Download |
| 2016-06-08 | CA/PHC/0077/2001 |
Don Sunil Wijesinghe and 2 Others Vs. Agalawatte Multipurpose Co-
operative Society Ltd and 11 Others.
View More |
Hon. P.R.Walgama, J. | Co-operative Society – Arbitration proceedings – Financial loss to society – Sale of chilli stocks – Liability of office bearers – Arbitral award – Appeal to Commissioner – Writ of Certiorari – Judicial review – Delegation of powers – Assistant Commissioner – Registrar\'s powers – Natural justice – Duty to give reasons – Administrative decisions – Appeal deposit requirement – Mandatory precondition – Statutory appeal – Ultra vires challenge – Co-operative Societies Law – Minister\'s rule-making power – Arbitration award upheld – Appeal dismissed – Costs awarded. | Co-operative Society – Arbitration proceedings – Financial loss to society – Sale of chilli stocks – Liability of office bearers – Arbitral award – Appeal to Commissioner – Writ of Certiorari – Judicial review – Delegation of powers – Assistant Commissioner – Registrar\'s powers – Natural justice – Duty to give reasons – Administrative decisions – Appeal deposit requirement – Mandatory precondition – Statutory appeal – Ultra vires challenge – Co-operative Societies Law – Minister\'s rule-making power – Arbitration award upheld – Appeal dismissed – Costs awarded. | Download |
| 2016-06-08 | CA/PHC/0078/2009 |
Suppiah Sathasivam Vs. Ramanathan Arumugam
Thondaman M.P.
View More |
Hon. Malinie Gunaratne, J. | Primary Court offence – Section 73 proceedings – Conviction by Primary Court – Revision application – High Court revisionary jurisdiction – Acquittal by High Court – Appeal against revision order – Preliminary objections – Maintainability of appeal – Revision versus appellate jurisdiction – Consolidated proceedings – Jurisdiction of Court of Appeal – Appeal from High Court revision order – Acquittal – Requirement of Attorney General’s sanction – Criminal appeals – Interpretation of Section 318 – Constitutional right of appeal – High Court of the Provinces – Revisionary powers – Procedural objections rejected. | Primary Courts Procedure Act No. 44 of 1979 – Section 73; Constitution of the Democratic Socialist Republic of Sri Lanka – Article 154P(6); Code of Criminal Procedure Act No. 15 of 1979 – Section 318; Civil Procedure Code – Section 798; High Court of the Provinces (Special Provisions) Act. | Download |
| 2016-06-08 | CA/0853/1999(F) |
Padukka Vidanalage Gunasena & Pahala Vidanalage Don Vinee Perera v. Rupasinghe Arachchige Ason Singho & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition – Locus standi – Defendants who failed to file statement of claim or points of contest – Whether they can prosecute appeal – Trial de novo – Exclusion of Lot 1 from corpus – Share entitlements – Duty to investigate title – Preliminary objection to maintainability of appeal. | Partition Law No. 21 of 1977 – sections 25(2) and 25(3), as amended; procedural provisions governing statements of claim and points of contest. | Download |
| 2016-06-08 | CA/PHC/0077/2001 |
Don Sunil Wijesinghe & Others v. Agalawatte Multipurpose Co-operative Society Ltd. & Others
View More |
Hon. P.R. Walgama, J | Co-operative society – Arbitration – Arbitral award – Certiorari – Appointment of arbitrator challenged – Parties nevertheless participating in arbitration – Finality of Registrar’s decision – Delay and laches – Writ jurisdiction – Loss arising from unauthorised purchase and resale of chillies. | Co-operative Societies Act – sections 46(1) and 58(5); principles governing Certiorari, arbitration, finality clauses and delay/laches. | Download |
| 2016-06-08 | CA/PHC/0078/2009 |
Suppiah Sathasivam v. Ramanathan Arumugam Thondaman
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court prosecution – Conviction and subsequent acquittal – Revision and appeal in Provincial High Court – Multiple consolidated appeals – Maintainability – Whether Court of Appeal can interfere where appellate judgment not separately challenged – Appeal against acquittal – Requirement of Attorney General’s sanction. | Primary Courts’ Procedure Act No. 44 of 1979 – section 73; Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; law governing appeals against acquittals. | Download |
| 2016-06-08 | CA/WRT/0077/2016 |
F.S. Traders (Private) Limited v. Hon. Ravi Karunanayake, Minister of Finance & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari, Prohibition and Mandamus – Gazette notification – Acting Minister of Finance – State Minister appointed to act for Cabinet Minister – Constitutional validity of appointment – Articles 44 and 49 – Notices refused. | Constitution – Articles 44 and 49. | Download |
| 2016-06-08 | CA/WRT/0078/2016 |
Deepak Kumar Krishnakumar Vasanji v. Hon. Ravi Karunanayake, Minister of Finance & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari, Prohibition and Mandamus – Acting Minister of Finance – State Minister acting for Cabinet Minister – Gazette notification – Presidential appointment – Constitutional validity – Requirement under Article 49 – Application dismissed. | Constitution – Articles 44 and 49. | Download |
| 2016-06-07 | CA/PHC/0188/2006 |
M. Chulawathi Vs. The Attorney General and another.
View More |
Hon. Malinie Gunaratne, J. | State land – Recovery of possession – Ejectment from State land – Occupation without permit – Valid permit requirement – Written authority of the State – Magistrate’s Court inquiry – Limitation of inquiry – Revision application – Appeal dismissed – Lawful occupation – Burden of proof – Land Reform Commission – Unauthorized occupation – Eviction order – State land possession. | State Lands (Recovery of Possession) Act No. 7 of 1979 – Sections 5, 6, 9(1), 9(2) and 18; Court of Appeal Rules 1990 – Rule 3(1)(a); Land Reform Law No. 1 of 1972 (as amended) (referred to in relation to permits and authority issued by the Land Reform Commission). | Download |
| 2016-06-07 | CA/PHC/0188/2006 |
M. Chulawathi v. Hon. Attorney General & Chairman, Land Reform Commission
View More |
Hon. W.M.M. Malinie Gunaratne, J | State-land recovery – Ejectment from land – Land Reform Commission – Failure to produce valid permit or written authority – Magistrate’s inquiry – High Court revision – Defective affidavit – Court of Appeal Rules – Failure to file proxy – Whether procedural defects affect substantive order of eviction. | State Lands (Recovery of Possession) Act No. 7 of 1979 – section 9; Court of Appeal Rules 1990 – Rule 3(1)(a); Constitution – Article 154P. | Download |
| 2016-06-06 | CA/0012/2015 |
Arumugam Sebestian Vs. The Attorney General.
View More |
Hon. S.Devika De Livera Tennekoon, J. | Poisons, Opium and Dangerous Drugs Ordinance – Heroin possession – Heroin trafficking – Criminal appeal – Conviction affirmed – Life imprisonment – Reasonable doubt – Evaluation of defence evidence – Credibility of witnesses – Interested witness – Independent witness – Contradictory defence – Failure to put defence case in cross-examination – Failure to suggest defence to prosecution witnesses – Alibi-like defence – Appreciation of evidence – Findings of fact by trial judge – Appellate interference – Burden of proof – Fair trial – Rejection of defence evidence – Police narcotics raid – Recovery of heroin – Possession of dangerous drugs – Trafficking in dangerous drugs – Weight of evidence – Witness credibility – Appeal dismissed. | Poisons, Opium and Dangerous Drugs Ordinance – Section 54A(d) relating to possession of heroin and Section 54A(b) relating to trafficking in heroin; Code of Criminal Procedure Act – provisions relating to criminal trials, appeals, evaluation of evidence, and appellate review of convictions and sentences. | Download |
| 2016-06-06 | CA/PHC/0169/2006 |
H.D. Jayatissa Vs. Commissioner for Local Government.
View More |
Hon. Malinie Gunaratne, J. | State land recovery – Recovery of possession – Ejectment proceedings – Competent Authority – Commissioner of Local Government – Local authority land – Locus standi – Preliminary objection – Magistrate’s Court jurisdiction – Revision application – Revisionary jurisdiction – Valid permit or written authority – Limitation on inquiry under Section 9 – Tenant claim – State land occupation – Interpretation of statutory definitions – High Court revision – Appeal dismissed – Costs awarded. | State Lands (Recovery of Possession) Act No. 7 of 1979 – Sections 5, 6, 9 and 18. | Download |
| 2016-06-06 | CA/0012/2015 |
Arumugam Sebestian v. Hon. Attorney General
View More |
Hon. S. Devika de Livera Tennekoon, J | Criminal appeal – Heroin possession and trafficking – 2.42 grams – Police Narcotics Bureau detection – Defence evidence – Failure of trial judge to consider defence – Reasonable doubt – Equal treatment of defence witnesses – Fair trial – Life imprisonment – Appellate review of conviction. | Poisons, Opium and Dangerous Drugs Ordinance – sections 54A(d) and 54A(b); Code of Criminal Procedure Act No. 15 of 1979 – section 331(1); Constitution – Article 138. | Download |
| 2016-06-06 | CA/0105/2013 |
D.A. Anura Priyantha Dasanayake v. Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Vehicle confiscation – Tractor used to transport cannabis – Claim by owner – Accused convicted on guilty plea – Whether owner knew of illegal use – Burden on claimant – Balance of probabilities – Mandatory forfeiture following conviction – Evaluation of claimant’s evidence – Appeal against confiscation order. | Poisons, Opium and Dangerous Drugs Ordinance, as amended by Act No. 13 of 1984 – section 79(1). | Download |
| 2016-06-06 | CA/PHC/0169/2006 |
H.D. Jayatissa, H.D. Tomas Appuhamy and Sons v. Don Premasiri Hettiarachchi, Commissioner for Local Government
View More |
Hon. W.M.M. Malinie Gunaratne, J | State-land recovery – Ejectment – Alleged municipal tenancy – Competent Authority – Commissioner for Local Government – Locus standi to institute recovery proceedings – Magistrate upholding preliminary objection – High Court setting aside Magistrate’s order – Statutory meaning of Competent Authority. | State Lands (Recovery of Possession) Act No. 7 of 1979 – particularly section 18; Provincial High Court revision jurisdiction. | Download |
| 2016-06-04 | CA/WRT/0348/2012 |
Pussallawa Plantetion Limited Vs. Minister of Plantation industries and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Writ of certiorari – writ of prohibition – writ of mandamus – judicial review – land vesting and re-vesting – Land Reform Commission – Janatha Estate Development Board (JEDB) – leasehold rights – 99-year lease agreement – locus standi – maintainability of writ application – statutory interpretation – Section 27A(1) and 27A(4) Land Reform Law – ministerial discretion – condition precedent – consideration clause – ultra vires challenge – public purpose – re-vesting of state land – private law remedy vs public law remedy – contractual dispute – affected party doctrine – Bogawantalawa Plantations precedent – Namunukula Plantations case – discretionary power of Minister – absence of statutory right – dismissal in limine – judicial review limitation – public interest vs private rights – estate land administration – administrative discretion in land allocation. | Land Reform Law No. 1 of 1972 – Section 22(1)(f), Section 27A(1), Section 27A(4); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-03 | CA/0014/2011 |
Ruwan Kapila N awasinghe and another Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Attempted Murder – Common Intention – Assault with lorry – Deliberate vehicular attack – Grievous injuries – Injury endangering life – Attempt to commit murder – Criminal liability – Shared intention – Section 300 read with Section 32 Penal Code – Medical evidence – Credibility of witnesses – Contradictions and omissions – Evaluation of evidence – Road accident defence rejected – Intention to cause death – Rigorous imprisonment – Compensation order – Appeal against conviction – Affirmation of conviction – Sentence backdated – High Court trial without jury. | Penal Code – Sections 32, 294 and 300 governing common intention, murder and attempted murder; Code of Criminal Procedure Act – provisions relating to criminal trials, appeals, sentencing, compensation to victims and appellate review of convictions and sentences. | Download |
| 2016-06-03 | CA/PHC/0150/2008 |
Dissanayake Wijesinghe
Jinapala Vs. Siripala Udugamasuriya.
View More |
Hon. P.R.Walgama, J. | Land Dispute – State Land – Possession vs. Title – Cutting of Jack Trees – Breach of Peace – Section 66 Inquiry – Police Information – Possessory Rights – Evaluation of Possession – Occupation and Cultivation of Land – House and Tea Plantation on Disputed Land – Permit to Cut Trees – Failure to Prove Possession by Complainant – Revision Application – High Court Revision – Error in Assessment of Evidence – Magistrate’s Order Set Aside – Appeal Allowed. | Primary Courts Procedure Act No. 44 of 1979 – Section 66(1)(a). | Download |
| 2016-06-03 | CA/PHC/0241/2004 |
Pathirana Gamage Chandralatha Vs. Manameidurage Jayaliyas.
View More |
Hon. L.T.B.Dehideniya, J. | Land dispute – Breach of peace – Primary Courts Procedure Act – Section 66(1)(b) information by private party – Jurisdiction of Primary Court – Requirement of threatened or likely breach of peace – Possession dispute – Dispossession within two months – Inquiry into land disputes – Failure to establish jurisdictional facts – Duty of Magistrate – Affidavit evidence – Objection to jurisdiction – Revision application – High Court powers – Settlement of dispute – Section 66(6) – Appeal dismissed. | Primary Courts Procedure Act No. 44 of 1979 – Sections 66(1)(b), 66(2) and 66(6). | Download |
| 2016-06-03 | CA/PHC/APN/0066/2014 |
M.S. Thusitha Perera Vs. The Attorney General.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – Criminal revision – Murder charge – Culpable homicide not amounting to murder – Conviction after trial – High Court conviction – Right of appeal – Failure to appeal – Delay in seeking relief – Ignorance of law – Financial hardship – Revisionary jurisdiction – Exceptional circumstances – Fair trial allegation – Jury trial – Non-jury trial – Right to elect mode of trial – Service of indictment – Amended indictment – Plea of not guilty – Burden of establishing exceptional circumstances – Appealable order – Extraordinary remedy – Dismissal of revision application. | Penal Code – Sections 296 and 297; Code of Criminal Procedure Act (provisions relating to indictment, jury trial, and appeals); Constitution of Sri Lanka (revisionary jurisdiction of superior courts); Legal Aid Commission Act (context of legal assistance). | Download |
| 2016-06-03 | CA/PHC/APN/0066/2014 |
M.S. Thusitha Perera v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Murder charge – Conviction for culpable homicide not amounting to murder – Right to jury trial – Alleged failure to explain election of trial – Fair trial – Failure to appeal within statutory time – Ignorance of law – Financial hardship – Alternative remedy of appeal – Exceptional circumstances – Delay in invoking revisionary jurisdiction. | Penal Code – sections 296 and 297; revisionary jurisdiction; principles governing exceptional circumstances and availability of an alternative remedy by appeal. | Download |
| 2016-06-03 | CA/PHC/0150/2008 |
Dissanayake Wijesinghe Jinapala v. Siripala Udugamasuriya
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Cutting of two jack trees – Possession of State land – Competing title and possession claims – Information filed by police – Breach of peace – Magistrate determining possession – Revision by High Court – Appeal concerning factual possession rather than title. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a); Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11. | Download |
| 2016-06-03 | CA/PHC/0241/2004 |
Pathirana Gamage Chandralatha v. Manameidurage Jayaliyas
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Information filed by a party – Alleged dispossession within two months – Requirement that breach of peace be threatened or likely – Jurisdiction of Primary Court – Difference between police information and private-party information – Magistrate’s obligation to satisfy jurisdictional precondition – High Court revision. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b) and section 66(2); principles governing threatened or likely breach of peace and jurisdiction. | Download |
| 2016-06-03 | CA/WRT/0657/2011 |
Kelani Valley Plantation PLC v. Janatha Estate Development Board, Sri Lanka State Plantations Corporation, Land Reform Commission & Hon. Attorney General
View More |
Hon. Deepali Wijesundera, J | Writ of Prohibition – Plantation lands – Land Reform Commission – Agricultural and estate lands vested in State corporations – Lease agreements – Land Reform Commission subsequently issuing permits to third parties – Effect of vesting under section 27A – Ownership and title after vesting – Re-vesting – Legitimate expectation – Alternative remedy – Identification of lands – Writ jurisdiction – Petitioner’s application allowed. | Constitution – Article 140; Land Reform Law No. 1 of 1972, as amended – sections 27A(1), 27A(2), 27A(3) and 27A(4), together with sections 22, 23 and 42H. | Download |
| 2016-06-01 | CA/PHC/APN/0119/2015 |
Yajanthiran Vinifreeda Prebha (nee
Amalathasan Vinifreeda Prebha) Vs. Vettivelu Yajanthiran.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – Maintenance proceedings – Interim maintenance – Children’s maintenance – Settlement before Magistrate’s Court – Application to set aside settlement – Permanent maintenance order – High Court revision – Set-off of maintenance payments – Recovery of maintenance already paid – Exceptional circumstances – Revisionary jurisdiction – Alternative remedy available – Availability of appeal – Failure of justice – Manifestly erroneous order – Order shocking the conscience of court – Preliminary objection – Maintainability of revision application – Welfare of children – Future maintenance payments – Support stage – Preliminary objection overruled. | Maintenance Act (maintenance proceedings before Magistrate’s Court); Civil Procedure Code – Section 754(2); Constitution of Sri Lanka – Article 138 (revisionary jurisdiction of the Court of Appeal). | Download |
| 2016-06-01 | CA/PHC/APN/0147/2012 |
The Attorney General Vs. Mayagodage Sanath Dharmadiri Perera.
View More |
Hon. L.T.B. Dehideniya, J. | Revision application – Enhancement of sentence – Attorney General as petitioner – Kidnapping from lawful guardianship – Rape – Statutory rape – Victim under 16 years of age – Plea of guilty – Conviction on own plea – Manifestly inadequate sentence – Illegal sentence – Suspended sentence – Mandatory minimum sentence – Concurrent sentences – Rigorous imprisonment – Sentencing principles – Aggravating factors – Mitigating factors – Position of trust – Relative of victim – Repeated sexual abuse – Premeditated offence – Deterrent punishment – Custodial sentence – Public interest – Protection of children – Compensation to victim – Revisionary jurisdiction – Manifestly erroneous order – Enhancement of punishment – Reformation versus deterrence – Gravity of offence – Welfare of society – Revision allowed. | Penal Code – Section 354 (Kidnapping from lawful guardianship); Section 364(2) (Rape); Section 364(2)(e) (Rape of a girl under 16 years of age). Code of Criminal Procedure Act No. 15 of 1979 – Section 303(1) (Suspended sentences); Section 303(1)(k) (Plea of guilty and genuine repentance); Section 303(2)(a) (Mandatory minimum sentence cannot be suspended); Section 303(2)(b) (Prohibition on suspension where offender is serving or yet to serve an unsuspended sentence); Section 303(2)(d) (Prohibition on suspension where aggregate imprisonment exceeds two years). Revisionary Jurisdiction – Court of Appeal’s revisionary powers to correct a manifestly erroneous and inadequate sentence. | Download |
| 2016-06-01 | CA/WRT/0145/2016 |
N.A.M. Senanayake Vs. The Director General of Customs and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ of certiorari – writ of prohibition – writ of mandamus – tax concession vehicle import – Finance Act No. 13 of 2007 – amended Finance legislation – Customs Ordinance – Gazette Notification 1949/29 dated 12.01.2016 – Category B-16 import procedure – Category C conditions – letter of credit – eligibility for tax exemption – misrepresentation of facts – suppression of material facts – duty of full and frank disclosure – customs raid – vehicle registration requirements – private use import conditions – violation of concession scheme – ultra vires allegation – administrative decision of Secretary to Treasury – misuse of tax concession – maintainability of writ application – discretionary relief – no prima facie case – refusal of notice – dismissal in limine. | Finance Act No. 13 of 2007 (as amended) – provisions relating to tax concessions for vehicle imports; Gazette Notification No. 1949/29 dated 12.01.2016 – Category “C” conditions for concessionary motor vehicle imports; Customs Ordinance (Sri Lanka) – import clearance procedures and enforcement powers of Sri Lanka Customs; administrative law principles governing ultra vires decisions by public authorities; principles of judicial review under writ jurisdiction (certiorari, mandamus, prohibition). | Download |
| 2016-06-01 | CA/WRT/0236/2015 |
Habarana Lodge Limited Vs. Commissioner General of Labour and Others.
View More |
Hon. P.Padman Surasena, J. | Writ of certiorari – writ of prohibition – writ of mandamus – judicial review – administrative law – Payment of Gratuity Act proceedings – labour law dispute – Magistrate’s Court proceedings – Commissioner of Labour – inquiry under Section 8(1) – prima facie evidence – natural justice – procedural fairness – administrative inquiry vs disciplinary inquiry – employer liability for gratuity – five completed years of service – interruption of service – statutory interpretation – discretion of Commissioner – sufficiency of inquiry – adequacy of opportunity to be heard – failure to call oral evidence – written submissions – Collettes Ltd v Commissioner of Labour – Russel v Duke of Norfolk principle – Local Government Board v Arlidge principle – University of Colombo v Fernando (Privy Council) – Brown & Co v Ratnayake – Ex Employer v Deputy Commissioner of Labour – Thajudeen v Sri Lanka Tea Board – alternative remedy doctrine – exhaustion of remedies – locus standi – maintainability of writ application – statutory appeal procedure – private law remedy vs public law remedy – Magistrate’s jurisdiction – dismissal in limine. | Payment of Gratuity Act No. 12 of 1983 – Section 5(1), Section 8(1), Section 8(2), Section 20; Land Acquisition Act (referred in recovery context); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-01 | CA/WRT/0242/2014 |
Kanthi Podimenike Godakumbura and another Vs. Anuradhapura Municipal Council and Others.
View More |
Hon. A.L.Shiran Goonaratne, J. | The Petitioners, have invoked the jurisdiction of this court, to seek a mandate in the nature of writ of mandamus to compel the Respondents to remove all unauthorized obstructions in the proposed roadway on Vimukthi Mawatha, Stage II, Anuradhapura, and to compel the said Respondents to demarcate the proposed roadway marked \"H\" in plan No. AalNPE/2012/618-619, marked X6, (hereinafter sometimes referred to as the \"alternative plan\"). The Petitioner has also sought a mandate in the nature of writ of Mandamus to compel the 3rd and 4th Respondents to hold a Land Kachcheri in terms of Section 20, of the Land Development Ordinance. .. 3 The Petitioners submit that after receiving notice in terms of Section 42A, of the Municipal Councils Ordinance, several parties including the 5th Respondent, failed to demolish unauthorized structures obstructing the proposed roadway and the 1 st and! or 2nd Respondents have failed to take necessary steps to have the said unauthorized structures demolished in terms of the said Act. After several failed attempts by the Petitioners to resolve this issue, the 2nd Respondent by letter dated 20104/2012, marked X5(b), has notified the 2nd Petitioner that the matter would be resolved by an alternative plan, as proposed by the Urban Development Authority, (UDA). The said alternative plan drawn and proposed by the UDA has been approved by the planning committee of the 1 st Respondent. By letter dated 10/09/2013, marked X7(b), the 2nd Respondent has approved the said plan for implementation. As pleaded in paragraph 22, the Petitioners through their Attorney-at - Law has made a demand from the 2nd Respondent by letters of demand marked XII and X12, to effectuate the said plan forthwith. However, it is observed that, the 1st Respondent by letter dated 10/09/2013, has informed the said Attorney -at- Law, that the Municipal Council Anuradhapura would take appropriate steps to demolish the unauthorized structures, once the Urban Development Authority submits the alternative plan. Presently, the alternative plan is with the planning committee, of the 1 st Respondent, pending approval. · 4 The Respondents raised a preliminary objection to this application, on the basis that the Petitioners have failed to add the necessary parties to this Petition and therefore, the action should be dismissed in limine. In the case of Wijeratne Vs. Ven Dr. Paragoda Wimalawansa Thero and others, (2011) 2 SLR 258, the Supreme Court considered the effect of necessary parties to an application, where the court held, that; \"those who would be affected by the outcome of the writ application should be made respondents to the application\" In paragraph 4, the petitioner admits that there were several disputes between the residents of Vimukthi Mawatha, Stage II, Anuradhapura, in relation to the road reservation and the unauthorized constructions on the said road reservation. The 5th Respondent is one of the residents of Vimukthi Mawatha, Stage II. According to the pleadings of the Petitioner, it is observed that including the 5 th Respondent there are several other residents who are obstructing the demolition of the unauthorized structures on the proposed roadway. This is observed in the 3rd paragraph of letter dated 31110/2013, written by the 3rd Respondent to the 4th Respondent marked X8. Therefore, the relief sought by the Petitioners would not only affect the 5 th Respondent, but several other residents of Vimukthi Mawatha, Stage II, who are not before Court. The Petitioner has identified only the 5 th Respondent as a resident who was served with a notice in terms of Section 42A, of the Municipal Councils Ordinance. Failure to identify all 5 necessary parties, will not only leave the dispute unresolved but also create multiple avenues of litigation from affected parties. However, it is important at this stage to consider whether, the Petitioners have a legal right to compel the Respondents to clear all obstructions from the roadway, according to plan marked X6, in terms of the relevant statutory provISIOns. It is an admitted fact that the Petitioners, the 5th Respondent and all other parties in possession of allotments of land in Vimukthi Mawatha, occupy allotments of land, unlawfully. As pleaded in paragraph 3 of the Petition, subsequent to an inquiry held by the 3rd Respondent in terms of the Land Development Ordinance No. 19 of 1935 (as amended), the Petitioner and several other parties have been considered to be given permits in terms of Section 19 of the said Act. However, as of now, no permits under the said Act have been issued to any of the parties. The Petitioners submit that, the disputes between residents of Viniukthi Mawatha regarding the road reservation and unauthorized constructions have not been referred to a land Kachcheri under the Land Development Ordinance. It is observed that, by this application the Petitioners are not challenging the non-granting of the permits to the said lands nor have the Petitioners placed on record any supporting evidence for the Court to make any direction to hold a Land Kachcheri to sought out the issue of land allotments. 6 The Petitioners are seeking to compel the relevant Authorities to remove unauthorized obstructions in order to proceed with the proposed roadway. However, in the absence of a clear legal right to occupy the land allotments, the Petitioner cannot compel the authorities to perform a specific statutory duty to demolish the said unauthorized structures. It is observed, that the Petitioners have no clear legal right to compel the 1 st and 2nd Respondents, to remove unauthorized structures obstructing the roadway, since the Petitioners are not in lawful possession of the said allotments of land. Their rights, if any, would be decided upon the awarding of a permit, in terms of the Land Development Ordinance. Therefore, there is no legal duty thrust upon the 1 st and the 2nd Respondents to remove unauthorized obstructions on the proposed roadway. However, the 1 st and 2nd Respondents are directed to speedily resolve the issue of demolition of the unauthorized structures in Vimukthi Mawatha, Stage II according to the Law. It is noted that in spite of the undertaking given to court, the Petitioners have failed to file written submissions in support of this application. In the circumstances, the Petition is dismissed without costs. | Land Development Ordinance No. 19 of 1935 (as amended) – Section 19 (issuance of permits), Section 20 (Land Kachcheri procedure); Municipal Councils Ordinance – Section 42A (removal of unauthorized constructions); Urban Development Authority Law (planning and approval framework); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (writ jurisdiction of the Court of Appeal). | Download |
| 2016-06-01 | CA/WRT/0145/2016 |
N.A.M. Senanayake v. K.A. Chulananda Perera, Director General of Customs & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writs of Certiorari, Prohibition and Mandamus – Importation of motor vehicle – Taxpayer concession – Customs clearance – Vehicle cleared under different concessionary category – Failure to comply with Gazette conditions – Vehicle found at car sale – Material non-disclosure – Discretionary writ relief. | Constitution – Article 140; Finance legislation governing taxpayer concessions; Gazette Extraordinary No. 1949/29 dated 12.01.2016, Category C; customs/import framework. | Download |
| 2016-06-01 | CA/WRT/0236/2015 |
Habarana Lodge Limited v. M.D.C. Amarathunga, Commissioner General of Labour & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Prohibition – Gratuity recovery – Labour Department inquiry – Decision to prosecute employer – Failure to communicate decision/reasons – Administrative fairness – Prosecution under gratuity legislation – Interim relief – Judicial review. The document expressly carries the heading “JUDGMENT.” | Constitution – Article 140; Payment of Gratuity Act No. 12 of 1983; Industrial Disputes Act. | Download |
| 2016-06-01 | CA/PHC/APN/0119/2015 |
Yajanthiran Vinifreeda Prebha v. Vettivelu Yajanthiran
View More |
Hon. L.T.B. Dehideniya, J | Revision – Maintenance proceedings – Wife and children – Settlement on interim maintenance – High Court setting aside Magistrate’s order – Exceptional circumstances – Alternative remedy – Revision available despite right of appeal in appropriate cases. | Law governing maintenance proceedings; revisionary jurisdiction; principles relating to exceptional circumstances and alternative remedies. | Download |
| 2016-06-01 | CA/PHC/APN/0147/2012 |
Hon. Attorney General v. Mayagodage Sanath Dharmadiri Perera
View More |
Hon. L.T.B. Dehideniya, J | Revision of sentence – Kidnapping – Rape – Guilty plea – Six charges – Suspended sentences – Mandatory minimum imprisonment – Aggregate sentence exceeding two years – Grossly inadequate sentence – Attorney General seeking enhancement. | Penal Code – sections 354 and 364(2), including section 364(2)(e); Code of Criminal Procedure Act No. 15 of 1979 – section 303. | Download |
| 2016-06-01 | CA/WRT/0242/2014 |
Kanthi Podimenike Godakumbura & Kumarasinghe Jayathilake Mudiyanselage Jayatissa v. Anuradhapura Municipal Council & Others
View More |
Hon. A.L. Shiran Gooneratne, J | Mandamus – Proposed roadway – Unauthorized structures – Municipal Council – UDA alternative plan – Demolition of obstructions – Land Kachcheri – Necessary parties – Failure to join persons affected by writ relief. | Constitution – Article 140; Municipal Councils Ordinance – section 42A; Land Development Ordinance – section 20. | Download |
| 2016-05-31 | CA/0827/2000F |
Kodagodge Nihal Silva Vs. Chandralatha Jayaweera.
View More |
Hon. A.H.M.D.Nawaz, J. | Declaration of title – rei vindicatio – ejectment – damages – deed of gift – validity of notarial attestation – Notaries Ordinance – judicial zone vs district jurisdiction – competency of notary – mental capacity of donor – soundness of mind – burden of proof – presumption of validity of deed – leave and licence occupation – prescriptive possession claim – adverse possession rejected – family occupation – termination of licence – predecessor in title – partition decree – challenge to title – credibility of evidence – relationship between parties – validity of gift deed No.427 – affirmation of District Court judgment – dismissal of appeal. | Notaries Ordinance – Section 4A, Section 31(20)(c). | Download |
| 2016-05-31 | CA/PHC/0036/2007 |
W.A. Gunawardena Vs. Deshini Irish Janes and Others.
View More |
Hon. P.R.Walgama, J. | Unauthorised construction – demolition order – Urban Development Authority Act – development activity – planning permission – statutory notice – procedural fairness – jurisdiction – delegation of powers – Municipal Commissioner – compliance with permit conditions – administrative enforcement – revision application – magistrate’s jurisdiction – High Court interference – statutory interpretation – Section 28A notice – failure to comply – evidentiary documents – technical objections – prejudice – appellate reversal – restoration of magistrate’s order – appeal allowed. | Urban Development Authority Act No. 41 of 1978 Section 28A(1) – Urban Development Authority Act Section 23(5) – Urban Development Authority (Amendment) Act No. 4 of 1982 – Urban Development Authority (Amendment) Act No. 44 of 1984 – Code of Criminal Procedure Act Section 420. | Download |
| 2016-05-31 | CA/WRT/0356/2014 |
Egoda Arachchilage Wickramasinghe Vs.Buddhist and Pali University of Sri Lanka and Others.
View More |
Hon. P. Padman Surasena, J. | Writ of Certiorari – Writ of Prohibition – University administration – Appointment of Dean – Acting Dean – Faculty Board election – Ultra vires appointment – Statutory powers – Academic governance – Uncontested application – Failure to file objections – Natural justice – Judicial review – Public law remedy – Quashing administrative decision – Buddhist and Pali University | The Buddhist and Pali University of Sri Lanka (Amendment) Act No. 37 of 1995 – Section 18C(1) (election of the Dean by the Faculty Board from among Heads of Departments) and Section 18C(2) (term of office of the Dean). | Download |
| 2016-05-31 | CA/WRT/2084/2004 |
The Ampara Multi Purpose
Co-operative Society Limited Vs. District Secretary of Ampara and Others.
View More |
Hon. Melanie Gunaratne,J. | Writ of Certiorari – State land dispute – Divisional Secretary – State land permit – Land Development Ordinance – Writ of Mandamus – Administrative decision – Recommendation not amenable to certiorari – Res judicata – Successive litigation – Public law remedy – Discretionary remedy – Lease of State land – Co-operative Society – Permit holder – Judicial review – Alternative land allocation – Prior Court proceedings – Administrative inquiry – Certiorari refused – Mandamus refused. | Land Development Ordinance – Provisions relating to the grant of State land permits; State Lands Ordinance – Provisions governing the issuance of permits over State lands; Co-operative Societies (Special Provisions) Act No. 35 of 1970 – Provisions relating to the dissolution and reorganization of co-operative societies and distribution of assets. | Download |
| 2016-05-31 | CA/0827/2000(F) |
Kodagodage Nihal Silva v. Chandralatha Jayaweera & Kodagodage Nimal Silva
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title and ejectment – Deed of Gift – Donor executing deed while hospitalized – Mental capacity – Alleged undue influence – Notarial attestation – Notary authorized in one district but deed executed in another – Place of execution – Validity of deed – Notarial formalities. | Notaries Ordinance – section 31(20), including section 31(20)(c); law relating to mental capacity, due execution and validity of deeds. | Download |
| 2016-05-31 | CA/PHC/0036/2007 |
W.A. Gunawardena, Officer under UDA Act, Dehiwala-Galkissa Municipal Council v. Deshini Irish Janes & M.A. Mariya Selin
View More |
Hon. P.R. Walgama, J | Unauthorized construction – Urban Development Authority – Demolition order – Magistrate permitting demolition – Provincial High Court setting aside Magistrate’s order – Development without permit – Written notice – Statutory preconditions for demolition – Appeal from High Court judgment. | Urban Development Authority Act No. 41 of 1978 – section 28A, including section 28A(1) and 28A(3), as amended by Acts Nos. 4 of 1982 and 44 of 1984; Constitution – Article 154P(6). | Download |
| 2016-05-31 | CA/WRT/0356/2014 |
Egoda Arachchilage Wickramasinghe v. Buddhist and Pali University of Sri Lanka & Others
View More |
Hon. P. Padman Surasena, J | Certiorari and Prohibition – Buddhist and Pali University – Dean of Faculty of Language Studies – Petitioner unanimously elected Dean – Appointment of another person as Acting Dean – University Council and Faculty Board – Statutory three-year term – Decisions communicated by letters P21 and P22 – Administrative action contrary to statutory appointment – Application allowed. | Constitution – Article 140; Buddhist and Pali University of Sri Lanka (Amendment) Act No. 37 of 1995 – section 18C, particularly section 18C(2). | Download |
| 2016-05-31 | CA/WRT/2084/2004 |
Ampara Multi Purpose Co-operative Society Limited v. H.M. Herath Abeyweera, B.M.M.M. Basnayake & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Certiorari and Mandamus – State land – Co-operative society – Land formerly leased to predecessor society – Dissolution/reorganisation of co-operative union – Competing annual permit – Earlier writ proceedings – Administrative findings – Res judicata – Documents sought to be quashed not themselves operative decisions – No legal entitlement to permit established – Long-running litigation. | Constitution – Article 140; Co-operative Societies (Special Provisions) Act No. 35 of 1970; State Lands Ordinance; principles of res judicata, Certiorari and Mandamus. | Download |
| 2016-05-30 | CA/PHC/0042/2002 |
Sembakutti Kankani Nimmali Vs. Kankanithanthri Nimalasiri de
Silva.
View More |
Hon. P.R.Walgama, J. | Breach of the peace – land dispute – possession pending inquiry – forcible dispossession – police information – Magistrate’s jurisdiction – identification of disputed land – prima facie title – boundary dispute – construction on state reserve land – preventive jurisdiction – revision application – concurrent findings – evidentiary affidavits – possession restored – judicial discretion – appellate interference – dismissal of appeal. | Primary Courts Procedure Act No. 44 of 1979 – Section 66 – Section 68 – Section 70 – Code of Criminal Procedure Act (as applicable to preventive jurisdiction) – Evidence Ordinance Section 114(f) – Evidence Ordinance Section 103 – Civil Procedure Code principles on possession and interim restoration of possession. | Download |
| 2016-05-30 | CA/REV/0241/2011 |
KA Shelton Perera and Others Vs. W.Don Alfred Cyril Wijetunga and Others.
View More |
Hon. Deepali Wijesundera, J. | Revision – Restitutio in Integrum – Partition Action – Final Decree – Writ of Possession – Non-joinder of Necessary Party – Fraud and Collusion – Section 48 Partition Law – Section 49 Partition Law – Delay and Laches – Discretionary Relief – Encroachment – Surveyor\'s Report – Intervention in Partition Action – Suppression of Material Facts – Compliance with Court Rules. | Partition Law No. 21 of 1977 Section 48 – Final partition decree can be challenged only on proof of fraud or collusion; Section 49 – Special remedy available to a person prejudicially affected by a partition decree;Court of Appeal Rules;Rule 3 – Requirement to annex relevant documents when invoking appellate/revisionary jurisdiction. | Download |
| 2016-05-30 | CA/0201/1998F |
Palagapodi Balasundaram Vs. Gnanamuttu Kanmani and 4 Others.
View More |
Hon. A.H.M.D.Nawaz, J. | Title to land – Declaration of title – Ejectment – Recovery of possession – Deed of transfer – Laesio enormis – Rescission of sale – Inadequate consideration – Knowledge of true value of property – Burden of proof – Market value of land – Roman-Dutch Law – Pacta sunt servanda – Unconscionability – Constructive trust – Beneficial interest – Outright transfer – Conditional transfer – Agreement to reconvey – Pactum de retrovendendo – Non-notarial agreement – Parol evidence – Retransfer of land – Repayment of purchase price – Payment of interest – Failure to prove repayment – Possession of land – Attendant circumstances – Retention of beneficial ownership – Trust relationship – Constructive trust under Section 83 – Fraud and equitable relief – Prevention of Frauds Ordinance – Trust Ordinance – Admissibility of oral evidence – Sections 91 and 92 of the Evidence Ordinance – Whether transfer intended as security for a loan – Whether transferee held land in trust – Whether non-notarial agreement created enforceable rights – Whether plaintiff established laesio enormis – Whether constructive trust established – Appeal dismissed – Judgment of District Court affirmed. | Prevention of Frauds Ordinance (Section 2), Trust Ordinance (Sections 5(1), 5(2), 5(3) and 83), Evidence Ordinance (Sections 91 and 92), and Civil Procedure Code (Section 408). | Download |
| 2016-05-30 | CA/0201/1998(F) |
Palagapodi Balasundaram, substituted for Vairamuttu Palagapodi v. Gnanamuttu Kanmani & Others
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title and ejectment – Purported transfer executed as security for loan – Informal promise to retransfer – Laesio enormis – Constructive/resulting trust – Whether deed was outright transfer, conditional transfer or trust – Parol evidence – Continued possession – Adequacy of consideration – Fraud – Section 83 trust. | Trusts Ordinance – sections 5(3) and 83 and Chapter IX; Evidence Ordinance – sections 91 and 92; Prevention of Frauds Ordinance – section 2; Roman-Dutch law doctrine of laesio enormis. | Download |
| 2016-05-30 | CA/PHC/0042/2002 |
Sembakutti Kankani Nimmali v. Kankanithanthri Nimalasiri de Silva
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Construction of house on another party’s land – Forcible entry – Possession – Section 66 proceedings – Magistrate restoring possession – High Court revision – No legal right to land established – Appeal against concurrent determinations. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Constitution – Article 154P(3); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11. | Download |
| 2016-05-30 | CA/REV/0241/2011 |
K.A. Shelton Perera & Others v. W. Don Alfred Cyril Wijetunga & Others
View More |
Hon. Deepali Wijesundera, J | Revision and restitutio in integrum – Partition action – Petitioner claiming portion of own land included in corpus – Failure to add affected landowner as party – Surveyor’s report showing encroachment – Final decree and writ of possession – Alleged collusion – Delay and laches – Failure to file material documents – Requirement of utmost promptitude. | Constitution – Article 138; Court of Appeal (Appellate Procedure) Rules – Rule 3; Partition Law and principles governing revision/restitutio in integrum. | Download |
| 2016-05-27 | CA/0977/1998F |
North Colombo Regional Transport Board Vs. Aparekkage Wasantha Pushpakumara Perea.
View More |
Hon. L.T.B.Dehideniya, J. | Declaration of title, ejectment, rei vindicatio, partition decree, encroachment, paper title, prescriptive title, burden of proof, uninterrupted possession, documentary title, proof of ownership, appellate review, findings of fact. | o specific statutory provision discussed; principles of Roman-Dutch Law relating to rei vindicatio and prescription applied. | Download |
| 2016-05-27 | CA/0986/1998F |
Mohomad Sufian Mohomad Faumi Vs. P.A.Cyril Perea.
View More |
Hon. L.T.B.Dehideniya, J. | Rent Act – ejectment action – declaration of title – rei vindicatio – landlord and tenant relationship – tenancy termination – agreement to vacate – Rent Board proceedings – relinquishment of tenancy – failure to vacate premises – enforceability of Rent Board agreement – statutory protection of tenants – prohibition on contracting out of Rent Act – Section 22 Rent Act ejectment procedure – notice to quit – termination of tenancy under statute – District Court jurisdiction – protection against eviction – tenant’s statutory rights – non-enforceability of private agreements contrary to Rent Act – dismissal of appeal. | Rent Act No. 7 of 1972 – Sections 22 (Proceedings for ejectment), relevant provisions on control of rent, termination of tenancy, and tenant protection. | Download |
| 2016-05-27 | CA/0055/2008 |
Munasingha Kankanamge Pradeep Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Murder – police constable – service firearm – intentional shooting – dock statement – self-defence claim – circumstantial evidence – eye witness testimony – medical evidence – gunshot injuries – credibility of witnesses – three-wheeler evidence – dock identification – unauthorized use of firearm – contradiction analysis – omission and inconsistencies – burden of proof – rejection of defence version – motive inference – circumstantial chain of events – affirmation of conviction – dismissal of appeal – confirmation of death sentence – appellate review of facts and evidence | Section 296 of the Penal Code – Section 420 of the Code of Criminal Procedure Act | Download |
| 2016-05-27 | CA/0073-0074/2010 |
Ambawalage Gunadasa Silva and Others Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Unlawful assembly – common object – murder – participatory presence – common intention – eye witness testimony – credibility of witnesses – contradictions and omissions – dock statement – circumstantial evidence – alibi defence – failure to suggest defence – non-calling of witness – evidentiary appreciation – burden of proof – appellate interference – conviction affirmed – sentence confirmed. | Penal Code Section 140 – Penal Code Section 296 – Penal Code Section 146 – Penal Code Section 32 – Evidence Ordinance Section 114(f) – Evidence Ordinance Section 118 – Code of Criminal Procedure Act Section 420. | Download |
| 2016-05-27 | CA/0107/2012 |
Gamage Prabhath Janaka Nayana Priyantha Perera Vs. The Attorney General.
View More |
Hon. A.H.M.D.Nawaz, J. | Murder – culpable homicide not amounting to murder – common intention – participatory presence – eye witness testimony – Section 33 evidence – belated witness statement – credibility of witnesses – contradictions and omissions – delay in reporting – threat and intimidation – corroboration – non-calling of witnesses – evidentiary appreciation – dock statement – alibi defence – failure to put defence in cross-examination – circumstantial evidence – medical evidence corroboration – burden of proof – appellate review – misdirection of law – miscarriage of justice – conviction affirmed – sentence confirmed. | Penal Code Section 32 – Penal Code Section 296 – Evidence Ordinance Section 33 – Evidence Ordinance Section 114(f) – Evidence Ordinance Section 158 – Code of Criminal Procedure Act (Sri Lanka) Section 420. | Download |
| 2016-05-27 | CA/PHC/0086/2009 |
Hudson Samarasinghe Vs. Thilaka Wadasinghe Liyanarathnage .
View More |
Hon. P.R.Walgama, J. | Maintenance Act – Section 14(1) – Section 14(2) – appellate jurisdiction – revisionary jurisdiction – preliminary objection – maintainability – incidental order – maintenance claim – adult child maintenance – locus standi – jurisdictional error – dissolution of marriage – bigamy conviction – nullity of marriage – entitlement to maintenance – High Court revision – Supreme Court appeal – exceptional circumstances – statutory interpretation – procedural bar – concurrent findings – revisional interference – maintainability upheld – objection overruled. | Maintenance Act No. 37 of 1999 – Section 2 – Section 11 – Section 14(1) – Section 14(2);Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138 – Article 154P(3)(b) – Article 154P(6);Evidence Ordinance Section 114(f) – Evidence Ordinance Section 103. | Download |
| 2016-05-27 | CA/PHC/0262/2005 |
Kalpitiya Multi Purpose Co-operative Society Ltd. Vs. Co-operative Employees Commission
(North Western Province) and one another.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ of Certiorari – Provincial High Court writ jurisdiction – Article 154P(4) – Agrarian Development Act – Commissioner General – “within the Province” test – centrally exercising authority – statutory interpretation – jurisdictional limitation – Provincial Council List – land and agrarian services – ultra vires – writ jurisdiction scope – appellate vs original jurisdiction – High Court jurisdictional bar – mandatory statutory interpretation – dismissal of writ petition – constitutional interpretation – administrative law – territorial nexus – costs. | Constitution of the Democratic Socialist Republic of Sri Lanka – Article 154P(4)(a) – Article 154P(4)(b) – Ninth Schedule, Provincial Council List (Item 9 & Item 18) – Article 154P(3)(b) ;Agrarian Development Act No. 46 of 2000 – Section 38(5). | Download |
| 2016-05-27 | CA/0977/1998(F) |
North Colombo Regional Transport Board v. Aparekkage Wasantha Pushpakumara Perera
View More |
Hon. L.T.B. Dehideniya, J | Motor traffic accident – Negligence – Bus colliding with motorcycle – Plaintiff suffering ruptured spleen – Damages – Contributory negligence – Inevitable accident – Driver’s conviction/plea of guilt in Magistrate’s Court – Admissibility of criminal conviction in civil proceedings – Evidentiary value of conviction – Compensation. | Evidence Ordinance – section 41A(2), inserted by Act No. 33 of 1998; Motor Traffic Act – sections 149(1) and 151(3) as discussed; law of negligence and damages. | Download |
| 2016-05-27 | CA/0986/1998(F) |
Mohomad Sufian Mohomad Faumi v. P.A. Cyril Perera
View More |
Hon. L.T.B. Dehideniya, J | Rent Act – Landlord and tenant – Agreement before Rent Board to vacate premises – Whether tenant may contract out of statutory protection – Promise to surrender possession – Physical handing over required – Rei vindicatio cannot circumvent statutory tenancy – Ejectment – Rent-controlled premises. | Rent Act No. 7 of 1972 – section 22; statutory tenant-protection provisions; principles governing surrender of tenancy. | Download |
| 2016-05-27 | CA/0107/2012 |
Gamage Prabhath Janaka Nayana Priyantha Perera v. Hon. Attorney General
View More |
Hon. A.H.M.D. Nawaz, J | Criminal appeal – Murder charge – Culpable homicide not amounting to murder – Evidence of deceased eyewitness from non-summary inquiry – Former testimony – Witness deceased before trial – Admissibility under Evidence Ordinance – Common intention – Manna knife and firearm – Sentencing – Appeal against conviction and seven-year sentence. | Penal Code – sections 296 and 32; Evidence Ordinance – section 33; Code of Criminal Procedure Act No. 15 of 1979 – section 331. | Download |
| 2016-05-27 | CA/PHC/0211/2006 |
Sayakkarage Shantha Abeyrathne v. Rathnayake Mudiyanselage Kulathunga, Dissanayake Mudiyanselage Premasiri Ranaweera & R.M. Cyril
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Possession – Police report under section 66 – Crown land – Grant and commercial land – Identity of disputed land – Affidavit evidence – Finding of possession – Forcible dispossession not proved – Appellate interference with factual findings – Twelve-year litigation – Temporary nature of section 66 determination – Appeal dismissed with costs. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and 67(1); principles governing possession and appellate interference with factual findings. | Download |
| 2016-05-26 | CA/PHC/0166/2007 |
Subramaniam Sathasivam v. K.V. Dharmasiri, Director General, Urban Development Authority
View More |
Hon. L.T.B. Dehideniya, J | State-land recovery – Ejectment – Revision application dismissed for non-appearance – Application to relist – High Court refusing even to permit application to be supported – Inherent jurisdiction to relist – Right of appeal from Provincial High Court – Final order versus interlocutory order – Preliminary objection – Order refusing application to support not a final order – Appeal dismissed with costs. | State-land recovery – Ejectment – Revision application dismissed for non-appearance – Application to relist – High Court refusing even to permit application to be supported – Inherent jurisdiction to relist – Right of appeal from Provincial High Court – Final order versus interlocutory order – Preliminary objection – Order refusing application to support not a final order – Appeal dismissed with costs. State Lands (Recovery of Possession) Act No. 7 of 1979; Constitution – Article 154P(1), 154P(3)(b) and 154P(6); Court of Appeal (Procedure for Appeals from High Courts established by Article 154P) Rules 1998 – Rule 2(1). | Download |
| 2016-05-25 | CA/0541/2000F |
Communication and Business Equipment (Pvt) Ltd.(Now known as Apogi International (Pvt) Ltd. Vs. Lanka Lands Company Ltd. and Others.
View More |
Hon. Deepali Wijesundera,J. | Partition Action – Lis Pendens – Transfer of Rights Pending Partition – Substitution of Parties – Abatement of Appeal – Company Struck Off Register – Alienation of Undivided Share – Void Transfer – Laches – Delay – Bona Fides – Intervention Application – Civil Procedure – Appeal – Refusal of Substitution. | Partition Act - Sections 66(1), 66(2); Civil Procedure Code - Section 404. | Download |
| 2016-05-25 | CA/PHC/0122/2011 |
Narandeniye Deepananda Thero Vs. Martin Ekanayakea and another.
View More |
Hon. P.R.Walgama, J. | Writ of Certiorari – Writ of Mandamus – Provincial High Court jurisdiction – Agrarian Development Act – Section 38(5) – Assistant Commissioner of Agrarian Development – tenant cultivator – anda rights – agricultural land dispute – natural justice – right to be heard – jurisdictional challenge – Article 154P(4)(b) – 13th Amendment – “within the province” interpretation – Provincial Council List – land and agrarian services – ultra vires claim – writ jurisdiction limitation – centrally acting authority – administrative decision review – maintainability – statutory interpretation – geographic vs functional jurisdiction – dismissal of writ petition – costs. | Agrarian Development Act No. 46 of 2000 – Section 38(5) Constitution of the Democratic Socialist Republic of Sri Lanka – Article 154P(4)(b) – 13th Amendment to the Constitution – Ninth Schedule Provincial Council List (Item 9 – Agriculture and Agrarian Services; Item 18 – Land). | Download |
| 2016-05-25 | CA/0541/2000(F) |
Communication and Business Equipment (Pvt) Ltd., now Apogi International (Pvt) Ltd. v. Lanka Lands Company Ltd. & Others
View More |
Hon. Deepali Wijesundera, J | Partition appeal – Substitution – Appellant company struck off company register – Transfer of rights pending litigation – Application by transferee to substitute – Whether appeal survives cessation of company – Lis pendens – Rights of transferee – Application under section 404 – Partition proceedings. | Civil Procedure Code – section 404; Partition Law No. 21 of 1977 – section 79; Companies Act No. 7 of 2007. | Download |
| 2016-05-25 | CA/PHC/0122/2011 |
Narandeniye Deepananda Thero v. Martin Ekanayake & Assistant Commissioner of Agrarian Development, Hambantota
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – Paddy land – Tenant cultivator/anda rights – Agrarian inquiry – Petitioner alleging denial of opportunity to participate – Natural justice – Territorial writ jurisdiction of Provincial High Court – Decision of Assistant Commissioner – Certiorari – Appeal against refusal of writ. | Constitution – Article 154P, including Article 154P(4); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11; Agrarian Development legislation. | Download |
| 2016-05-24 | CA/PHC/103/2005 |
Withanage Herath Weerasekara Vs. Cooperative Workers Commission (North Western) and Mawathagama Multi Purpose Cooperative Society.
View More |
Hon. Malinie Gunaratne, J. | Maintenance Act – Section 14(1) – Section 14(2) – appellate jurisdiction – revisionary jurisdiction – preliminary objection – maintainability – jurisdictional objection – locus standi – statutory appeal requirement – revision vs appeal distinction – adult child maintenance – entitlement to maintenance – validity of marriage – bigamy conviction – nullity of marriage – procedural compliance – jurisdictional bar – High Court revision – Supreme Court intervention – exceptional circumstances – statutory interpretation – concurrent jurisdiction – procedural irregularity – maintainability of revision application – overruled objection. | Maintenance Act No. 37 of 1999 – Section 2 – Section 11 – Section 14(1) – Section 14(2);Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138 – Article 154P(3)(b) – Article 154P(6) Evidence Ordinance Section 114(f) – Evidence Ordinance Section 103. | Download |
| 2016-05-24 | CA/PHC/0103/2005 |
Withanage Herath Weerasekara v. Co-operative Workers Commission (North-Western) & Mawathagama Multi Purpose Co-operative Society
View More |
Hon. W.M.M. Malinie Gunaratne, J | Certiorari and Mandamus – Co-operative employee – General Manager – Disciplinary inquiry – Termination – Appeal to Co-operative Workers Commission – Inquiring officer recommending acquittal – Commission rejecting own inquiring officer’s recommendation – Natural justice – Ultra vires and arbitrary administrative decision – High Court writ proceedings. | Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; applicable Co-operative Employees Commission regulations. | Download |
| 2016-05-23 | CA/1052/1999F |
Kapuru Hamyge Siriwardena Vs. Manawalage Kapuruhamy Kapuru Hamyge Wimalratne.
View More |
Hon. A.H.M.D. Nawaz, J. | Rei vindicatio action – declaration of title – ejectment – burden of proof – plaintiff’s duty to prove title – failure to establish ownership – adoption of original owner’s child – transfer of property by deed – inheritance – prescription – paper title – immovable property – deeming provision – adopted child status – absence of evidence of title – appellate challenge – confirmation of District Court finding – dismissal of appeal. | Adoption of Children Ordinance – Section 6(3). | Download |
| 2016-05-23 | CA/1052/1999F |
Kapuru Hamyge Siriwardena Vs. Manawalage Kapuruhamy
Kapuru Hamyge Wimalratne.
View More |
Hon. A.H.M.D. Nawaz, J. | Declaration of title – rei vindicatio – ejectment – adoption-based claim of ownership – failure to prove title – burden of proof on plaintiff – acquisition of immovable property – inheritance – prescription – paper title – credibility of evidence – mere assertion insufficient – Adoption of Children Ordinance – deemed legal status of adopted child – limitation of deeming provision – absence of paper title – failure to establish ownership on balance of probabilities – inability to transfer title – invalid derivative title to 2nd plaintiff – affirmation of District Court finding – dismissal of appeal | Adoption of Children Ordinance-Section 6(3) – deemed status of adopted child and limitations on acquisition of property and succession rights. | Download |
| 2016-05-23 | CA/WRT/0002/2012 |
P.M.K Garments (Pvt) Ltd and Inatub Garments (Pvt) Ltd Vs. Commissioner General of Labour and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Revision application – Restitutio in integrum – Partition action – Final decree – Writ of possession – Non-party claimant – Fraud and collusion – Delay (laches) – Discretionary remedies – Suppression of material facts – Encroachment dispute – Failure to intervene – Extraordinary relief – Sleeping over rights | Partition Law;Section 48 – Final decree in a partition action is conclusive and may be challenged only on grounds such as fraud or collusion.;Section 49 – Provides a remedy for a person whose land or rights have been adversely affected by a partition decree;Court of Appeal Rules 1990;Rule 3 – Obligation to file all relevant and material documents necessary for the proper adjudication of the application. | Download |
| 2016-05-23 | CA/WRT/0382/2015 |
D. S. R. Weerakoon Vs. Commander of the Sri Lanka Army and Others.
View More |
Hon. P.Padman Surasena, J. | Writ of Certiorari – Writ of Mandamus – Writ of Prohibition – Army promotion board – Confirmation in rank – Lieutenant Colonel (Temporary) – Retirement from service – Ultra vires decision – Excess of jurisdiction – Military administration – Army Selection Board – Disciplinary records – Administrative law – Natural justice – Public authority – Judicial review – Quashing administrative decision – Army service regulations | Army Act – Section 155 (power to make regulations); Sri Lanka Army (Volunteer Force and Volunteer Reserve) Regulations, 1985 – Regulations 16 and 17 (requirements and procedure for confirmation/promotion to the rank of Lieutenant Colonel) and Regulation 32 (procedure relating to retirement/removal from service). | Download |
| 2016-05-23 | CA/1052/1999(F) |
Kapuru Hamyge Siriwardena & Iranganie Siriwardena v. Manawalage Kapuruhamy & Kapuru Hamyge Wimalratne
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title and ejectment – Adoption – Plaintiff claiming succession from adoptive owner Ranmanike – Deed transferring property to daughter – Burden of proving title – Plaintiff must succeed on strength of own title – Failure to establish devolution from original owner – Appeal. | Roman-Dutch law governing rei vindicatio; law relating to proof and devolution of title; burden of proof in declaration-of-title actions. | Download |
| 2016-05-23 | CA/1052/1999(F) |
Kapuru Hamyge Siriwardena & Iranganie Siriwardena v. Manawalage Kapuruhamy & Kapuru Hamyge Wimalratne
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title and ejectment – Adoption – Plaintiffs claiming succession through original owner Ranmanike – Bare assertion of adoption – Failure to establish devolution of title – Plaintiff in vindicatory action must succeed on strength of own title – Burden shifts only after title proved. | Roman-Dutch law principles governing rei vindicatio; law relating to devolution and proof of title. | Download |
| 2016-05-23 | CA/WRT/0002/2012 |
P.M.K. Garments (Pvt) Ltd. & Inatub Garments (Pvt) Ltd. v. V.B.P.K. Weerasinghe, Commissioner General of Labour & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ of Certiorari and Prohibition – Termination of employment – Garment factories affected by flooding – Employees directed to report to different location/company – Separate corporate entities – Employees treated as having vacated posts – Labour Commissioner inquiry – Termination without consent/approval – Frustration of employment contract – Employer’s relocation argument. | Constitution – Article 140; Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971; Companies Act principles concerning separate legal personality. | Download |
| 2016-05-23 | CA/WRT/0382/2015 |
D.S.R. Weerakoon v. Lt. Gen. A.W.J.C. De Silva, Commander of the Sri Lanka Army & Others
View More |
Hon. P. Padman Surasena, J | Certiorari, Mandamus and Prohibition – Sri Lanka Army – Temporary Lieutenant Colonel – Retirement without confirmation in rank – Army Selection Board – Scope of authority of selection board – Recommendation for confirmation – Ultra vires administrative action – Interim relief – Military service and promotion/confirmation. | Constitution – Article 140; Army Act and applicable Sri Lanka Army/Volunteer Force regulations governing confirmation, promotion and retirement of officers. | Download |
| 2016-05-20 | CA/0967/2000F |
Rajapaksha Dawahannalage Percy Harald Rajapaksha Vs. Bulathsinhalage Preca Dorin Metilda Perera.
View More |
Hon. A.H.M.D.Nawaz, J. | Appeal from District Court – Declaration of title – Trust over land – Conditional transfer versus outright transfer – Loan secured by deed – Deed executed as security – Pre-payment of costs – Failure to pay costs before next date – Dismissal of action for non-payment of costs – Natural justice – Jurisdiction of court to dismiss action – Technical dismissal – Interpretation of court orders – Compliance with conditional order – Refusal to accept tendered costs – Addition of necessary parties – Transfer of property pending litigation – Gift deeds executed after institution of action – Rights of subsequent transferees – Trial on merits – Remittal for fresh proceedings – Appeal allowed. | Civil Procedure Code of Sri Lanka – provisions relating to pre-payment of costs, dismissal of actions, addition of parties, and procedural fairness in civil litigation, together with principles governing declarations of title, trust claims, and the court’s jurisdiction to dismiss an action for non-compliance with procedural orders. | Download |
| 2016-05-20 | CA/0751/2000F |
T.M.Tennakoon Vs. Seemitha Nuwara Eliya District Sakasuruwam
and Naya Ganudenu Samupakara Samithiya.
View More |
Hon. A.H.M.D.Nawaz, J. | Declaration of title – rei vindicatio – ejectment – damages – deed of gift – validity of notarial attestation – Notaries Ordinance – judicial zone vs district jurisdiction – competency of notary – mental capacity of donor – soundness of mind – burden of proof – presumption of validity of deed – leave and licence occupation – prescriptive possession claim – adverse possession rejected – family occupation – termination of licence – predecessor in title – partition decree – challenge to title – credibility of evidence – relationship between parties – validity of gift deed No.427 – affirmation of District Court judgment – dismissal of appeal | Notaries Ordinance-Section 4A – authority of notary to practise within judicial zone Section 31(20)(c) – statutory requirements for valid attestation (date, place, execution details, witnesses). | Download |
| 2016-05-20 | CA/0180/2008 |
Badathuruge Kasun Jayarathne Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Murder – culpable homicide not amounting to murder – sudden fight – absence of premeditation – alibi defence – dock statement – credibility of eye witness – consistency of testimony – medical evidence – post-mortem findings – causation of injury – defence of self-defence (rejected) – failure to suggest defence version – non-cross-examination on material facts – burden of proof – evidentiary appreciation – contradictions and omissions – investigative evidence – conduct of accused – non-calling of independent witness – appellate interference – misdirection by trial judge – partial allowance of appeal – conviction altered – sentence revised. | Penal Code Section 296 – Penal Code Section 297 – Penal Code Section 32 – Evidence Ordinance Section 114(f) – Evidence Ordinance Section 118 – Code of Criminal Procedure Act Section 420. | Download |
| 2016-05-20 | CA/0967/2000(F) |
Rajapaksha Dawahannalage Percy Harald Rajapaksha v. P.K.P. Antony, deceased / Bulathsinhahalage Preca Dorin Metilda Perera, substituted respondent
View More |
Hon. A.H.M.D. Nawaz, J | Declaration of title – Property allegedly transferred as security for Rs.35,000 loan – Deed claimed to be subject to promise of retransfer – Trust – Enjoining order – Failure to pay pre-payment of costs – District Court dismissing action – Natural justice – Calling date mistakenly treated as trial date – Procedural fairness. | Civil Procedure Code – procedural provisions concerning costs, dismissal of action, addition of parties and fair hearing; Trust Ordinance principles relating to property transferred as security. | Download |
| 2016-05-20 | CA/0751/2000(F) |
T.M. Tennakoon v. Seemitha Nuwara Eliya District Sakasuruwam and Naya Ganudenu Samupakara Samithiya
View More |
Hon. A.H.M.D. Nawaz, J | Summary procedure on liquid claims – Recovery on four cheques – Leave to defend – Conditional deposit – Wrong form of summons – Form 19 mandatory for summary procedure – Ordinary summons used instead – Procedural safeguards – Fatal irregularity – Right to defend action. | Civil Procedure Code – Chapter LIII, including section 704(1); First Schedule – Form 19; provisions governing summary procedure on liquid claims. | Download |
| 2016-05-19 | CA/0040/2015 |
P.G. Sunil Vs. The Attorney General.
View More |
Hon. W.M.M. Malinie Gunaratne,J. | Rape – unnatural offence – substituted conviction – lesser offence – sentencing reduction – appellate court interference – insufficiency of rape evidence – medical evidence – voice identification – dock statement – identification issues – re-evaluation of evidence – compensation to victim – variation of conviction – fine affirmed – sentence modification. | Section 364(1) of the Penal Code – Section 365(B)(2)(A) of the Penal Code – Section 345 of the Penal Code | Download |
| 2016-05-19 | CA/0040/2015 |
P.G. Sunil v. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Criminal appeal – Rape – Unnatural offence – Infirmities in evidence – Identification principally by voice – Defence not properly considered – Rape conviction set aside – Lesser offence substituted – Conviction under section 345 – Five years rigorous imprisonment – Compensation ordered – Appeal dismissed subject to variation. | Penal Code – sections 364(1), 365B(2)(a) and 345. | Download |
| 2016-05-18 | CA/0712/1997F |
Ambalanpitiyage Saman Udaya
Kumara Vs. Ambalanpitiyage Kusumalawani and Others.
View More |
Hon. P.R.Walgama, J. | Partition Action – Identification of Corpus – Failure to Identify Subject Land – Co-ownership – Devolution of Title – Prescriptive Title – Separate Possession – Survey Plan Discrepancy – Extent of Land in Dispute – Burden of Proof – Registration of Land – Dismissal of Appeal. | Partition Act – Partition of Co-owned Land; Prescription Ordinance – Acquisition of Title by Prescription. | Download |
| 2016-05-18 | CA/0712/1997(F) |
Ambalanpitiyage Saman Udaya Kumara, substituted for Ambalanpitiyage Somasiri v. Ambalanpitiyage Kusumalawani & Others
View More |
Hon. P.R. Walgama, J | Partition action – Identification of corpus – Larger land and allegedly amicably demarcated portion – Co-ownership – Plaintiff claiming one-and-a-half acre portion – District Court dismissal – Investigation of title – Partition proceedings – Appeal. | Civil Procedure Code – section 754(1); Partition Law No. 21 of 1977 and principles governing identification of corpus and investigation of title. | Download |
| 2016-05-17 | CA/0727/1993F |
Mohamed Lebbe Sithi Arifa Umma and another Vs. P.l.Mohamed Husen and another.
View More |
Hon. M.M.A.Gaffoor, J. | Partition action – Muslim inheritance law – Devolution of title – Co-ownership – Undivided shares – Muslim marriage under religious rites – Proof of marriage – Succession – Heirs and inheritance – Pedigree dispute – Partition of land – Transfer of shares – Deeds of transfer – Ownership rights – Survey plan and identification of corpus – Burden of proof – Evaluation of evidence – Findings of fact – Appeal against partition decree – Trial de novo refused – Delay in litigation – Family property dispute – Muslim personal law – Paternity and inheritance rights. | Mohammedan Code of 1806 (customary Muslim law applicable prior to statutory registration of Muslim marriages); Muslim Marriages and Divorce Registration Ordinance No. 27 of 1929 (introduced registration of Muslim marriages); Muslim Marriage and Divorce Act No. 13 of 1951 (current law governing Muslim marriages and divorces in Sri Lanka). | Download |
| 2016-05-17 | CA/REV/APN/0136/2015 |
Tharanga Dissanayake Vs. Konara Mudiyanselage N awarathne
Bandara.
View More |
Hon.L.T.B.Dehideniya, J. | Revision application – interim relief – notice stage – Primary Court Procedure Act – Section 69 – land dispute – lessee rights – access road – roadway servitude – obstruction of passage – leasehold rights – prescriptive title – exceptional circumstances – maintainability of revision – concurrent appeal pending – discretionary jurisdiction – miscarriage of justice – refusal of interim stay – development permit – evidentiary insufficiency – land amalgamation – soil erosion – revisionary threshold – appellate parallel proceedings – dismissal in limine – costs order. | Primary Court Procedure Act No. 44 of 1979 – Section 69(1) – Section 69(2); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138 – Article 154P(3)(b) – Article 154P(6). | Download |
| 2016-05-16 | CA/PHC/APN/0053/2013 |
A.A. Mohamed Thaaj Vs. The Assistant Commissioner of
Agrarian Development and Others.
View More |
Hon. Melanie Gunaratne, J. | Revision application – Agrarian Development Act – Section 33(1) – paddy land dispute – high land vs paddy land classification – exceptional circumstances – revisionary jurisdiction – delay and laches – maintainability – suppression of material facts – Rule 46 Supreme Court Rules 1978 – illegality on face of record – discretionary relief – writ-like supervisory jurisdiction – concurrent findings – Magistrate’s Court inquiry – High Court affirmation – burden of proof – evidentiary appreciation – jurisdictional challenge – statutory interpretation – misuse of agricultural land – filling of paddy land – Commissioner General approval – procedural default – dismissal in limine. | Agrarian Development Act No. 46 of 2000 – Section 29(1) – Section 33(1) – Section 33(7) – Section 101; Supreme Court Rules 1978 – Rule 46;Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138 – Article 154P(3)(b) – Article 154P(6). | Download |
| 2016-05-16 | CA/0025/2016 |
L.G.D.S.S. Kanthi Menike Vs. The Commissioner of Co-Operative and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ of Certiorari – Writ of Prohibition – Judicial Review – Application to quash administrative decision – Enforcement of administrative order by Magistrate\'s Court – Delay in invoking writ jurisdiction – Laches – Failure to seek timely relief – Alternative remedy available – Appeal to Provincial High Court – Concealment of material facts – Duty of full disclosure in writ applications – Discretionary nature of writ jurisdiction – Whether writ relief should be granted after enforcement of impugned order – Whether prohibition lies against completed act – Abuse of process – Refusal to issue notice – Exercise of judicial discretion – Petition dismissed. | Constitution of the Democratic Socialist Republic of Sri Lanka, Article 140 – Writ Jurisdiction of the Court of Appeal – Relevant provisions of the Magistrates\' Courts Act (enforcement proceedings before Magistrate\'s Court). | Download |
| 2016-05-16 | CA/0025/2016 |
L.G.D.S.S. Kanthi Menike v. Commissioner of Co-operative Development and Registrar of Co-operative Societies (Eastern Province) & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Certiorari and Prohibition – Co-operative dispute – Delay/laches – Impugned order made in 2013 – Enforcement proceedings already taken before Magistrate – Appeal to Provincial High Court already filed – Alternative remedy – Suppression/concealment of material facts – Notices refused – No costs. | Constitution – Article 140; Co-operative societies legislation governing decision/enforcement; principles of laches, uberrima fides, alternative remedy and material disclosure in writ proceedings. | Download |
| 2016-05-16 | CA/PHC/APN/0053/2013 |
A.A. Mohamed Thaaj v. H.M.U.B. Herath, Assistant Commissioner of Agrarian Development & Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Revision – Agrarian land – Filling paddy land without approval – Petitioner alleging land was high land – Magistrate and Provincial High Court finding land to be paddy land – Exceptional circumstances – Twenty-month delay and laches – Revisionary jurisdiction – Alternative statutory procedure for obtaining permission – Application dismissed with costs. | Agrarian Development Act No. 46 of 2000 – section 33(1); Constitution – Article 138; principles governing revision, exceptional circumstances and laches. | Download |
| 2016-05-13 | CA/0529/1996F |
Eugene Gerald Abeykoon Vs. N.W.K.L.lndrajith Mohan Dias
Senavi Wickrama and Others.
View More |
Hon. Deepali Wijesundera, J. | Rei Vindicatio – Declaration of Title – Ejectment – Prescriptive Title – Adverse Possession – Long and Undisturbed Possession – Burden of Proof – Co-ownership – Boundary Dispute – Surveyor\'s Report – Possession since 1976 – Prescription – Findings of Fact – Appeal Dismissed. | Prescription Ordinance, Section 3 – Requirements for acquiring title by prescription through adverse, uninterrupted possession for the statutory period. | Download |
| 2016-05-13 | CA/WRT/0361/2015 |
Ariyamuttu Sivapathan Rahulan Vs. Ceylon Electricity Board and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ jurisdiction – Certiorari – Mandamus – Prohibition – Public procurement – Tender award challenge – Unsuccessful bidder – Miniature Circuit Breakers (MCBs) – Ceylon Electricity Board (CEB) – Technical specifications – Sri Lanka Standards (SLS) – IEC 60898-1 compliance – Tender evaluation – Public interest litigation – Material non-disclosure – Concealment of facts – Interim relief – Vacation of stay order – Lowest responsive bidder – Judicial review of administrative action. | Sri Lanka Standards Institution Act – SLS 1175:2005 (Circuit Breakers for Over Current Protection for Household and Similar Installations); International Electrotechnical Commission Standard – IEC 60898-1:2003 (Electrical Accessories – Circuit Breakers for Overcurrent Protection for Household and Similar Installations); and Ceylon Electricity Board Specification 020:2013 governing procurement standards for Miniature Circuit Breakers (MCBs). | Download |
| 2016-05-13 | CA/0439/1997F |
D.M. Seneviratne Vs. Yen. Nagala Sumanagala.
View More |
Hon. P.R.Walgama, J. | Declaration of title – Ejectment – Recovery of possession – Temple property – Chief incumbent of temple – Prescriptive title – Possession and occupation – State land claim – Locus standi – Ownership dispute – Res judicata – Prior judgment – Execution of writ – Fiscal delivery of possession – Survey plan – Identification of land – Paddy land registry extract – Burden of proof – Documentary evidence – Competing claims of title – Possessory rights – Proof of ownership – Preponderance of evidence – Evaluation of evidence – Findings of fact by trial judge – Appellate review – Whether land belonged to the State – Whether plaintiff proved title – Whether defendant established rights to land – Appeal against judgment – Affirmation of District Court judgment – Costs – Appeal dismissed. | Prescription Ordinance (prescriptive title provisions), Civil Procedure Code (provisions relating to declaration of title, ejectment and execution of writs), and Paddy Lands Act (provisions relating to the Paddy Land Registry). | Download |
| 2016-05-13 | CA/0439/1997(F) |
D.M. Seneviratne v. Ven. Nagala Sumanagala, Viharadipathy, Nagala Purana Raja Maha Viharaya
View More |
Hon. P.R. Walgama, J | Declaration of title and ejectment – Temple land – Prescription – Viharadhipathi – Earlier District Court decree – Execution of writ – Identification of land – Defendant asserting State land/paddy-land claim – Locus standi – Possession and prescriptive title. | Prescription Ordinance; civil law governing declaration of title and ejectment; principles concerning execution of decree and temple property. | Download |
| 2016-05-13 | CA/0529/1996(F) |
Eugene Gerald Abeykoon, substituted for Anulawathie Gunathilake v. N.W.K.L. Indrajith Mohan Dias Senavi Wickrama & Others
View More |
Hon. Deepali Wijesundera, J | Declaration of title – Encroachment – Co-ownership – Lots 2A and 2B – Defendant claiming long, uninterrupted prescriptive possession – Plaintiff’s paper title – Burden on party asserting prescription – Rights of co-owner against trespasser – Appeal dismissed with costs. | Prescription Ordinance; Roman-Dutch law principles of co-ownership, declaration of title and ejectment. | Download |
| 2016-05-13 | CA/PHC/APN/0039/2015 |
Liyanarachchige Indika Thusara v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Criminal breach of trust – Manager of Multi Purpose Co-operative Society – Parallel arbitration/recovery proceedings – Arbitral award enforced in Magistrate’s Court – High Court criminal prosecution – Plea of double jeopardy – Whether enforcement of arbitral award amounts to previous criminal trial/conviction – Application to stay High Court proceedings. | Penal Code – section 391; Offences Against Public Property Act No. 12 of 1982 – section 5(1); Code of Criminal Procedure Act No. 15 of 1979 – sections 176, 177 and 314(1). | Download |
| 2016-05-12 | CA/PHC/0136/2006 |
Dingiribanda Ranathunga Vs. Dingiribanda Ranathunga and Others.
View More |
Hon. L.T.B.Dehideniya,J. | Writ of Mandamus – writ jurisdiction – delay and laches – unreasonable delay – discretionary remedy – maintainability of writ application – affidavit jurat irregularity – validity of affidavit – solemn declaration – truth obligation – implementation of administrative order – reinstatement of employee – Co-operative Society – disciplinary inquiry – appellate decision – refusal to implement order – negotiation before litigation – knowledge of non-compliance – limitation in writ relief – equitable relief principles – judicial discretion – dismissal of writ application – procedural default – refusal of relief. | Evidence Ordinance Section 103 – Evidence Ordinance Section 114(f). | Download |
| 2016-05-12 | CA/PHC/APN/0008/2015 |
The Attorney General Vs. Subramaniam Dayabaran alias
Kannan.
View More |
Hon. Melanie Gunaratne, J. | Revision application – sentencing review – adequacy of sentence – suspended sentence – custodial sentence – robbery with violence – hand grenade – alternative charge – plea of guilt – aggravating circumstances – premeditated offence – public interest in sentencing – judicial discretion in sentencing – Criminal Procedure Act – Section 303 – suspended sentence restrictions – concurrent sentences – appellate interference – manifest inadequacy – sentencing principles – proportionality in punishment – illegality of sentence – revisionary jurisdiction – High Court sentencing error. | Penal Code – Section 32 – Section 380 – Section 394; Offensive Weapons Act – Section 2(1)(b); Criminal Procedure Code Act No. 15 of 1979 – Section 303(1)(a)–(i) – Section 303(2)(d); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 138 – Article 154P(3)(b) – Article 154P(6). | Download |
| 2016-05-12 | CA/PHC/0136/2006 |
Dingiribanda Ranathunga v. Co-operative Employees Commission, North Central Province & Others
View More |
Hon. L.T.B. Dehideniya, J | Mandamus – Co-operative employee – Accountant dismissed after disciplinary inquiry – Appeal body ordering reinstatement – Employer refusing to implement order – Writ application – Defective jurat in affidavit – Validity of affidavit – Delay and laches – Discretionary nature of writ – Failure to approach Court expeditiously – Appeal dismissed. | Constitutional/Provincial High Court writ jurisdiction; principles governing Mandamus, affidavits, jurats, delay and laches. | Download |
| 2016-05-12 | CA/PHC/APN/0008/2015 |
Hon. Attorney General v. Subramaniam Dayabaran alias Kannan
View More |
Hon. W.M.M. Malinie Gunaratne, J | Revision of sentence – Armed robbery – Hand grenade – Retention of stolen property – Offensive weapon – Guilty plea – Suspended imprisonment – Grossly inadequate sentence – Aggregate term exceeding two years – Mandatory restriction on suspended sentence – Aggravating circumstances – Public interest in sentencing – Alternative charge. | Penal Code – sections 380, 394 and 32; Offensive Weapons Act – section 2(1)(b); Code of Criminal Procedure Act No. 15 of 1979 – sections 303 and 364, particularly section 303(2)(d), as amended by Act No. 47 of 1999. | Download |
| 2016-05-11 | CA/0606/1997F |
Eliyadura Siriyawathi Silva and Others Vs. Shirai Virantha Laktilaka and Others.
View More |
Hon. P.Padaman Surasena, J. | Debt Conciliation Board Certificate – Reconveyance of Property – Recovery of Possession – Conditional Transfer of Immovable Property – Jurisdiction of Court – Payment of Debt and Interest – Debt Conciliation Proceedings – Dismissal of Appeal. | Debt Conciliation Ordinance No. 39 of 1941 – Sections 29, 39(1), 39(2)(a). | Download |
| 2016-05-11 | CA/0671/2000F |
Mudalige Weerabatha Samarawickrema Vs. Lanka Orix Leasing Company Ltd and Others.
View More |
Hon. A.H.M.D.Nawaz, J. | Declaration of Ownership of Motor Vehicle – Leasing Agreement – Hire Purchase Facility – Transfer of Vehicle by MTA Forms – Voluntary Transfer – Consideration – Security for Debt – Registered Ownership – Collusion Not Proved – Possession and Seizure of Vehicle – Contractual Liability – Dismissal of Appeal. | Bills of Exchange Ordinance – Section 27(1)(b); Motor Traffic Act – Transfer of Motor Vehicles (MTA Forms). | Download |
| 2016-05-11 | CA/0606/1997(F) |
Weerakkody Saldin Silva and substituted appellants v. Dewapurage Nandadasa Laktilaka / substituted plaintiff-respondent
View More |
Hon. P. Padman Surasena, J | Debt Conciliation Board – Conditional transfer of immovable property – Recovery/reconveyance of land – Certificate issued by Debt Conciliation Board – Whether debtor had to pay debt before instituting action – District Court jurisdiction – Roman-Dutch law claim – Reconveyance after payment – Appeal. | Debt Conciliation Ordinance No. 39 of 1941 – sections 29 and 39(2), particularly section 39(2)(a); Civil Procedure Code. | Download |
| 2016-05-11 | CA/0671/2000(F) |
Mudalige Weeranatha Samarawickrema v. Lanka Orix Leasing Company Ltd. & Others
View More |
Hon. A.H.M.D. Nawaz, J | Motor vehicle ownership – Finance company – Vehicle pledged as security for another person’s debt – Blank MTA transfer forms – Whether transfer was voluntary – Whether consideration passed – Absolute ownership and registered ownership – Security transaction – Recovery/declaration of ownership – Appeal from dismissal of action. | Motor Traffic law governing transfer and registration of motor vehicles; general law of contract, consideration and security transactions. | Download |
| 2016-05-10 | CA/0635/2000F |
Venerable Puliyadhe Indrarathna Thero Vs. W.M. Tikiri Banda.
View More |
Hon. P.R.Walgama, J. | Declaration of Title – Temple Property – Sangika Property – Chief Incumbency (Viharadhipathi) – Locus Standi – Admissions at Trial – Succession to Temple Office – Failure to Prove Entitlement – Dismissal of Appeal. | Evidence Ordinance – Admissions; Civil Procedure Code – Locus Standi and Maintainability of Action. | Download |
| 2016-05-10 | CA/0882/1997 |
Dannoruwalage Nimal Jayatissa and Others Vs. Dannoruwalage Gunasekera.
View More |
Hon. Gaffoor, J. | Rei Vindicatio Action – Declaration of Title – Ejectment – Encroachment – Partition Decree – Paper Title – Devolution of Title – Prescriptive Title – Burden of Proof – Exclusive Possession – Adverse Possession – Evaluation of Evidence – Findings of Fact by Trial Judge – Dismissal of Appeals. | Prescription Ordinance – Prescriptive Acquisition of Title; Civil Procedure Code – Rei Vindicatio Action and Ejectment Proceedings. | Download |
| 2016-05-10 | CA/REV/0009/2015 |
The Attorney General Vs. Ramalingam Selvaratnam.
View More |
Hon. W.M.M. Malinie Gunaratne,J. | Criminal revision – competency of child witness – voire dire examination – in camera trial – statutory rape – kidnapping minor – Penal Code charges – Section 118 Evidence Ordinance – judicial discretion of trial judge – assessment of witness capacity – rational answers test – understanding of truth and falsehood – failure to give reasons for ruling – rejection of prosecutrix evidence – appellate/revisionary interference – erroneous finding on competence – State Counsel submissions – restoration of witness testimony – setting aside trial court order – direction to permit prosecution evidence – revision allowed | Evidence Ordinance – Section 118; Penal Code – Section 354;Penal Code – Section 364(2)(e). | Download |
| 2016-05-10 | CA/WRT/0233/2015 |
Mestiyage Don Anura Jayantha Gunatilake Vs. The Monetary Board of Sri Lanka and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ application – Customs seizure – release of forfeited goods – gold slabs – Customs Ordinance – forfeiture proceedings – disposal of seized goods – rewards to informants – consent order – writ of mandamus – Deputy Solicitor General – Customs authorities – distribution of sale proceeds. | Customs Ordinance;Section 153 – Distribution of proceeds of forfeited goods as rewards in the manner prescribed by law;Section 162 – Disposal and sale of forfeited goods by Customs authorities according to law. | Download |
| 2016-05-10 | CA/0635/2000(F) |
Venerable Puliyadhe Indrarathna Thero v. W.M. Tikiri Banda
View More |
Hon. P.R. Walgama, J | Temple property – Declaration of title and ejectment – Sangika property – Hapuwida Purana Viharaya – Admissions recorded at trial – Attempt to withdraw admission – Succession to Viharadhipathiship – Locus standi – Failure to establish lawful succession to incumbency – Appeal dismissed. | Civil Procedure Code – sections 754(1), 755(3) and 757; Buddhist ecclesiastical/property law and principles relating to admissions and locus standi. | Download |
| 2016-05-10 | CA/0882/1997(F) |
Dannoruwalage Nimal Jayatissa & Others v. Dannoruwalage Gunasekera
View More |
Hon. M.M.A. Gaffoor, J | Rei vindicatio – Declaration of title – Encroachment – Partition allotments – Lot 3B and Lot 3C – Paper title by deed – Defendant claiming prescription – Plaintiff required to establish title – Documentary title to be examined before prescription – Appeal concerning disputed Lot 2. | Prescription Ordinance; Roman-Dutch law principles of rei vindicatio; law relating to partition decrees and documentary title. | Download |
| 2016-05-10 | CA/REV/0009/2015 |
Hon. Attorney General v. Ramalingam Selvaratnam
View More |
Hon. W.M.M. Malinie Gunaratne, J | Criminal revision – Child witness – Kidnapping and statutory rape – Thirteen-year-old prosecutrix – Competency of witness – Trial Judge rejecting evidence after competency inquiry – Ability to understand questions and give rational answers – Failure to give adequate reasons – Revision by Attorney General. | Constitution – Article 138; Code of Criminal Procedure Act No. 15 of 1979 – section 364; Penal Code – sections 354 and 364(2)(e); Evidence Ordinance provisions governing competency of witnesses. | Download |
| 2016-05-08 | CA/0920/2000F |
Handun Pathiraja Mudiyanselage Gayathri Niroshani Pathiraja Vs. Aluth Muhandiramlage Siripala.
View More |
Hon. A.H.M.D. Nawaz, J. | Motor accident claim – minor plaintiff – next friend – damages for personal injuries – loss of maternal care and support – negligence of lorry driver – contributory negligence (not proved) – pillion riders – death of mother – hospitalisation and loss of education – criminal conviction of driver – evidentiary value of plea of guilt – admission in criminal proceedings – vicarious liability of employer – quantum of damages – dependency claim – assessment of damages – appellate variation of award – affirmation of liability – enhancement of damages for loss of support. | Evidence Ordinance – Section 41A(2). (No specific Motor Traffic Act provisions cited in the judgment excerpt.) | Download |
| 2016-05-06 | CA/0484/1997F |
H.M.P. Mudiyanse Vs. H. M. Herath Banda and one another.
View More |
Hon. Gaffoor, J. | Declaration of title – Ejectment – Boundary dispute – Encroachment – Paddy lands – Crown Grants – Competing land claims – Identification of land – Survey plan – Boundary marked by niyara (ridge/bund) – Burden of proof – Paper title – Possession and cultivation – Continuous cultivation – Prescription – Prescriptive title – Adverse possession – Failure to prove encroachment – Evaluation of oral evidence – Credibility of witnesses – Long possession – Failure to complain to cultivation authorities – Failure to complain to police – Possessory rights – Ownership dispute – Appellate review of findings of fact – Whether disputed portion formed part of plaintiff’s land – Whether defendant prescribed to disputed land – Judgment of District Court affirmed – Appeal dismissed with costs. | Prescription Ordinance (provisions relating to acquisitive prescription and prescriptive title), and Civil Procedure Code (provisions relating to declaration of title, ejectment, and recovery of possession). | Download |
| 2016-05-06 | CA/1003/1997F |
K.B.Yapa Vs. K.M.Chandrawathie.
View More |
Hon. Gaffoor, J. | Civil Procedure Code – ex parte judgment – decree entered in default – application to purge default – Section 86(2) CPC – time computation – mandatory 14-day period – service of decree – Saturday service – validity of service – computation of time – exclusion of Sundays and public holidays – Interpretation Ordinance Section 8(3) – Holidays Act No. 29 of 1971 – applicability of working days – leave to appeal analogy – Section 757 CPC – procedural compliance – setting aside ex parte decree – right to file answer – District Court procedure – appellate intervention. | Civil Procedure Code Sections 86(2) and 757(1), Interpretation Ordinance Section 8(3) on computation of time excluding Sundays and public holidays, and Holidays Act No. 29 of 1971 Section 2 and Schedules defining public and bank holidays. | Download |
| 2016-05-06 | CA/PHC/0063/2003 |
Game Kankanamge Sumanawathie Vs. D.M.K. Perera and Others.
View More |
Hon. M.M.A.Gaffoor, J. | Primary Court jurisdiction – breach of the peace – land dispute – dispute affecting land – mahogany tree – possession – boundary uncertainty – statutory settlement – Section 66(6) Primary Court Procedure Act – failure to record settlement – jurisdictional error – commission for survey – demarcation of boundaries – State land involvement – improper exercise of jurisdiction – validity of Primary Court order – revision proceedings – High Court interference – delay in revision – civil court remedy – vindication of title – appellate restraint – statutory interpretation – settlement irregularity – setting aside concurrent orders. | Primary Courts Procedure Act No. 44 of 1979 – Section 66(1)(a) – Section 66(6) – Section 69(1) – Section 75 – Section 76 Evidence Ordinance Section 114(f) – Evidence Ordinance Section 103 Civil Procedure Code (principles on title and boundary disputes). | Download |
| 2016-05-06 | CA/RES/0927/2008 |
Mendis Silva Ediriweera Vs. Lakshmi Mangalika Sooriyarachchi and Others.
View More |
Hon. Deepali Wijesundera, J. | Restitution in integrum – revision jurisdiction – partition action – final decree – interlocutory decree – lis pendens – survey plan – corpus of land – fraud and collusion – Section 48 Partition Act – Section 49 Partition Act – writ of possession – laches – withdrawal of revision – discretionary relief – finality of partition decrees – suppression of title deeds – jurisdictional bar – alternative remedy – exceptional circumstances – abuse of process – delay – limitation of equitable relief. | Partition Law No. 21 of 1977 – Section 48 – Section 49; Civil Procedure Code – relevant provisions on final decree enforcement and execution; Equitable doctrine of restitutio in integrum (common law discretionary remedy). | Download |
| 2016-05-06 | CA/WRT/0370/2015 |
Centre for Eco- Cultural Studies Vs. Director General of Department of Wild Life and Conservation and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ jurisdiction – Certiorari – Mandamus – Prohibition – Public interest litigation – Locus standi – Public spirited persons – Wildlife conservation – Sloth bears – Rehabilitation programme – Endangered species – Arbitrary administrative decision – Department of Wildlife Conservation – Pinnawala Zoological Garden – Reintroduction to the wild – Conservation mandate – Abuse of discretion – Environmental law – Animal welfare – Judicial review. | Fauna and Flora Protection Ordinance No. 2 of 1937 (as amended) – provisions relating to the protection, conservation, custody and rehabilitation of protected wild animals, including the Sloth Bear (Melursus ursinus inornatus) listed under Schedule II as a strictly protected mammal. | Download |
| 2016-05-06 | CA/WRT/0464/2008 |
Dialog Telecom PLC Vs. Director General of Customs and another.
View More |
Hon. L.T.B.Dehideniya, J. | Customs valuation – imported software – transaction value – royalty and licence fees – customs inquiry – mitigated forfeiture – writ of certiorari – writ of prohibition – alternative remedy – discretionary writ jurisdiction – District Court action – adequacy of statutory remedy – Article 140 jurisdiction – Customs Ordinance – judicial review – exceptional circumstances. | Customs Ordinance – Section 154 (right to institute an action in a competent civil court challenging customs determinations and forfeiture-related decisions);Constitution of the Democratic Socialist Republic of Sri Lanka – Article 140 (Court of Appeal’s writ jurisdiction to issue orders in the nature of certiorari, prohibition, mandamus, quo warranto, and habeas corpus). | Download |
| 2016-05-06 | CA/0484/1997(F) |
H.M.P. Mudiyanse v. H.M. Herath Banda, deceased, and substituted respondents
View More |
Hon. M.M.A. Gaffoor, J | Declaration of title and ejectment – Crown grants – Adjoining Lots 272 and 273 – Alleged encroachment on Lot 5 – Niyara as boundary – Paper title – Prescription – Failure to prove encroachment – Defendant’s long cultivation – Appeal against District Court dismissal. | Prescription law; principles governing declaration of title, ejectment and prescriptive possession. | Download |
| 2016-05-06 | CA/1003/1997(F) |
K.B. Yapa v. K.M. Chandrawathie
View More |
Hon. M.M.A. Gaffoor, J | Ex parte judgment – Failure to file answer – Application to purge default – Fourteen-day time limit – Service of decree on Saturday – Whether Saturday is a public holiday – Computation of time – Mandatory procedural requirements – Appeal from refusal to set aside ex parte decree. | Civil Procedure Code – section 86(2); Interpretation Ordinance – section 8(3); Holidays Act No. 29 of 1971 – section 2; Fuel Conservation Five Day Week Act No. 11 of 1978. | Download |
| 2016-05-06 | CA/PHC/0063/2003 |
Game Kankanamge Sumanawathie v. D.M.K. Perera / K.B. Chartin & Others
View More |
Hon. M.M.A. Gaffoor, J | Primary Court proceedings – Land dispute – Mahogany tree – Boundary dispute – Rights relating to land other than possession – Breach of peace – Primary Court jurisdiction – Meaning of “dispute affecting land” – Servitude and rights relating to crops/produce – High Court revision. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(a), 69(1) and 75. | Download |
| 2016-05-06 | CA/RI/0927/2008 |
Mendis Silva Ediriweera v. Lakshmi Mangalika Sooriyarachchi, Chandrasiri Ediriweera & Ranjan Ediriweera
View More |
Hon. Deepali Wijesundera, J | Restitutio in integrum – Partition action – Petitioner not made party – Preliminary and final surveys – Final decree already entered and writ of possession executed – Alleged fraudulent suppression of title – Petitioner claiming Lots 8 and 10 under another partition decree – Earlier revision application withdrawn – Delay and laches – Discretionary relief – Alternative remedy under Partition Law. | Partition Law – section 49 as expressly referred to; principles governing restitutio in integrum, revision, fraud, laches and final partition decrees. | Download |
| 2016-05-06 | CA/WRT/0464/2008 |
Dialog Telecom PLC v. Sarath Jayathilake, Director General of Customs & Another
View More |
Hon. L.T.B. Dehideniya, J | Certiorari and Prohibition – Customs valuation – Imported computer software on compact discs – Declared value limited to carrier media – Licence/royalty fee forming part of transaction value – Customs inquiry – Mitigated forfeiture – Alternative statutory remedy – Petitioner already instituted District Court action seeking same relief – Discretionary writ jurisdiction. | Constitution – Article 140; Customs Ordinance – section 154; Customs valuation provisions applicable to royalty/licence fees. | Download |
| 2016-05-05 | CA/0555/1994F |
Liyana Pathiranahalage Podimanike and 2 Others Vs. Punchirala Arachchilage Amarathunga
Ganangamuwa and Others.
View More |
Hon. P.R.Walgama, J. | Right of Way – Partition Action – Failure to Consider Material Evidence – Appeal – Necessary Parties – Deceased Plaintiff – Substituted Plaintiff – Maintainability of Appeal – Defective Notice of Appeal – Omission of Parties – Judicial Discretion – Material Prejudice – Preliminary Objection – Trial de Novo – Addition of Parties. | Civil Procedure Code - Sections 755, 759(2), 770(2). | Download |
| 2016-05-05 | CA/1262/2000F |
Somapala Gamage Vs. A. Ranjani Kumaranayake.
View More |
Hon. Gaffoor, J. | Possessory action – ejectment – declaration of possession – damages – land dispute – Mahaweli Authority land – identification of land (Lot 769½) – chena cultivation – paddy land allegation – disturbance of possession – dispossession – Primary Court proceedings – seizure of crop – validity of possession – burden of proof in possessory actions – Section 4 Prescription Ordinance – possession for a year and a day – trespass and ouster – prior peaceful possession – illegal interference – civil remedy vs primary court jurisdiction – affirmation of District Court judgment – dismissal of appeal. | Primary Courts Procedure Act – Section 66; Prescription Ordinance – Section 4; Civil Procedure Code – Section 41. | Download |
| 2016-05-05 | CA/1261/2000(F) |
Somapala Gamage v. A. Ranjani Kumaranayake
View More |
Hon. M.M.A. Gaffoor, J | Possessory action – Land dispute – Plaintiff claiming possession and cultivation since 1970 – Forcible dispossession – Primary Court proceedings under section 66 – Identification of corpus – Lot 769½ – Differing boundaries but common lot number – Possession within one year of dispossession – Appeal dismissed with costs. | Prescription Ordinance – section 4; Primary Courts’ Procedure Act No. 44 of 1979 – section 66. | Download |
| 2016-05-04 | CA/PHC/0037/2007 |
Mohamed Yoosuf Raufudeen Vs. The Range Forest Officer and Others.
View More |
Hon. Malinie Gunaratne,J. | Forest offence – timber transportation – confiscation of vehicle – strict liability – burden of proof – “all precautions” test – registered owner liability – vicarious liability – failure to prevent offence – knowledge and consent – statutory presumption – Section 40 Forest Ordinance inquiry – forfeiture proceedings – opportunity to show cause – judicial inspection – procedural fairness – discretion of Magistrate – appellate interference – revision dismissed – confiscation affirmed. | Forest Ordinance Section 40(1) – Code of Criminal Procedure Act Section 420. | Download |
| 2016-05-04 | CA/PHC/0084/2006 |
Nanayakkara Daya Sujeewa
Anurada Vs. Karunakarage Sunil Shantha.
View More |
Hon. P.R.Walgama, J. | Primary Court Procedure Act – Section 66(1)(a) – land dispute – breach of the peace – possession – encroachment – tea plantation – king coconut cultivation – police observation notes – evidentiary appreciation – burden of proof – disputed estate land – state plantation – statutory jurisdiction – revision application – High Court reversal – misdirection – failure to evaluate evidence – possessory order – entitlement to possession – agricultural cultivation – concurrent findings – appellate interference – restoration of Magistrate’s order. | Primary Courts Procedure Act No. 44 of 1979 – Section 66(1)(a) – Section 68 – Section 69 – Section 75 Evidence Ordinance Section 114(f) – Evidence Ordinance Section 103 Civil Procedure Code (principles on possessory rights and interim relief). | Download |
| 2016-05-04 | CA/0055/2007 |
Savarian Sebamalai Vs. Soosaipillai Xavier Kulanayagam.
View More |
Hon. Malinie Gunaratne, J. | Primary Court Procedure Act – Section 66 – possession dispute – forcible dispossession – restoration of possession – revision application – appeal from High Court – possession versus title – unlawful occupation – dispossession within two months – inquiry on affidavits – Chapter VII proceedings – summary remedy – burden of proof – date of information – restoration order. | Primary Courts’ Procedure Act No. 44 of 1979: Section 66 – Information regarding disputes relating to possession of land;Chapter VII – Jurisdiction relating to possession and rights to land. | Download |
| 2016-05-04 | CA/PHC/0037/2007 |
Mohamed Yoosuf Raufudeen v. Range Forest Officer, District Forest Office, Ampara & Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Forest offence – Transporting timber without permit – Confiscation of lorry – Third-party owner – Requirement to take all precautions to prevent use of vehicle in commission of offence – Mere instructions to driver insufficient – Burden on registered owner – High Court affirming Magistrate’s confiscation order – Appeal dismissed. | Forest Ordinance – section 40, including section 40(1) and proviso; Forest (Amendment) Act No. 65 of 2009; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 9. | Download |
| 2016-05-04 | CA/PHC/0084/2006 |
Nanayakkara Daya Sujeewa Anurada v. Karunakarage Sunil Shantha
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – State plantation – Planting tea and king coconut trees – Possession – Section 66 information – Breach of peace – High Court revision – Magistrate’s determination – Right to possession – Appeal from Provincial High Court. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(a); Constitution – Article 138 and Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11. | Download |
| 2016-05-04 | CA/0055/2007 |
Savarian Sebamalai v. Soosaipillai Xavier Kulanayagam
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court land dispute – Possession – Forcible dispossession – Occupation of house after displacement – Section 66 proceedings – Duty to determine possession on date of information – Restoration of possession where dispossession occurred within two months – High Court revision affirming Magistrate – Appeal. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and provisions governing possession and forcible dispossession; Constitution – Article 154P(3)(b). | Download |
| 2016-05-03 | CA/WRT/0158/2012 |
Janatha Garment Manufacturers
(Pvt) Ltd Vs. Commissioner General of Labour and Others.
View More |
Hon. M.M.A.Gaffoor, J. | Transfer of criminal case – Attorney General\'s power to transfer proceedings – judicial bias – appearance of bias – pre-judgment by trial judge – fair trial – Government Analyst evidence – explosives prosecution – High Court of Trincomalee – High Court of Colombo – revision application – prosecutorial discretion – incomplete court record – certified copies of proceedings – accused-petitioner. | Judicature Act (No. 2 of 1978);Section 47 – Power relating to the transfer of cases and applications challenging transfer orders. | Download |
| 2016-05-03 | CA/WRT/0158/2012 |
Janatha Garment Manufacturers (Pvt) Ltd. v. Commissioner General of Labour, Assistant Commissioner of Labour & I.G.B.M. Samarawickrema
View More |
Hon. M.M.A. Gaffoor, J | Writ of Certiorari – Termination of employment – Employee dismissed for alleged insubordination/disciplinary reasons – Jurisdiction of Commissioner General of Labour – Whether termination was disciplinary – Reinstatement with back wages – Preliminary objection to labour inquiry – Acceptance of gratuity – Disciplinary termination distinguished from non-disciplinary termination – Delay/laches. | Constitution – Article 140; Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 – sections 2(1), 2(4) and 2(5), as amended by Act No. 51 of 1988. | Download |
| 2016-05-02 | CA/0009/2014 |
Y.G.Siripala Vs. The Attorney General.
View More |
Hon. W.M.M. Malinie Gunaratne,J. | Criminal appeal – conviction affirmed – sentencing discretion of trial court – rigorous imprisonment – fine – default sentence – compensation order – appellate interference with sentence – mitigation factors – remand period considered – reduction of sentence – affirmation of fine and compensation – commencement of sentence – variation of sentence – dismissal of appeal subject to variation – implementation order to High Court. | Criminal Procedure Code (Sri Lanka) Sections 334, 335, 336, and 337. | Download |
| 2016-05-02 | CA/TR/0004/2016 |
Kanagaratnam Jeevaratnam Vs. the Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Transfer of criminal case – Section 47 Judicature Act – Attorney General\'s power to transfer proceedings – judicial bias – appearance of bias – pre-judgment – Government Analyst evidence – explosives prosecution – fair trial – High Court transfer – revision application – prosecutorial discretion – incomplete record – certified copies of proceedings. | Judicature Act; Section 47 – Power relating to transfer of cases and supervisory jurisdiction over such orders. | Download |
| 2016-05-02 | CA/0009/2014 |
Y.G. Siripala v. Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Criminal appeal – Sentence only – Conviction not challenged – Grave sexual abuse – First offender – Accused formerly employed as home guard – Mitigating circumstances – Minimum sentence – Sentence reduced from eight years to seven years rigorous imprisonment – Fine and compensation affirmed. | Penal Code – section 365B(2)(a); criminal sentencing principles. | Download |
| 2016-05-01 | CA/PHC/APN/0039/2015 |
Liyanarachchige Indika Thusara Vs. The Attorney General.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – interim relief – stay of proceedings – double jeopardy – autrefois convict/acquit – Section 314 Criminal Procedure Code – criminal breach of trust – Public Property Act – arbitration award enforcement – Magistrate Court recovery proceedings – High Court indictment – same offence test – same facts test – same legal character test – Connelly v DPP principle – appellate jurisdiction – refusal of stay – procedural bar – absence of trial – arbitral enforcement vs criminal prosecution – jurisdictional distinction – prima facie merits – concurrent proceedings – interim stay refusal. | Penal Code – Section 391 Public Property Act No. 12 of 1982 – Section 51;Criminal Procedure Code Act No. 15 of 1979 – Section 314(1) – Section 314(2) – Section 175;Arbitration (as applicable procedural enforcement mechanism – referenced in judgment, no specific statutory section cited). | Download |
| 2016-04-29 | CA/0623/1997F |
Rajapakse Gamaralage Gamini
Rajapakse and Rita Hewavitharana Vs. Niyagama Gamage Malani.
View More |
Hon. P.R. Walgama, J. | Partition action – Investigation of title – Identity of corpus – “Paluwatta” vs “Ihalawatta” dispute – Licensed surveyor’s commission and preliminary plan (Plan No. 878) – Survey conducted without notice to all parties – Omission of defendant’s name in survey commission – Failure to serve notice on claimant under Partition Law – Non-compliance with Section 20(1)(a) of Partition Law – Discrepancy between plaint boundaries and survey plan boundaries – Inconsistent and unclear boundaries (roads, adjoining lands, fences) – Extent mismatch between pleaded land and surveyed land – Partial survey of a larger undivided land (“Paluwatta”) – Failure to include entire corpus in partition proceedings – Duty of court to investigate title strictly in partition actions – Judgment in rem nature of partition decrees – Inadequate judicial scrutiny of survey evidence – Failure to reconcile documentary and oral evidence – Non-identification of corpus vitiating decree – Appeal allowed and decree set aside with costs. | Partition Law, No. 21 of 1977 – Section 18(1) (appointment and duties of surveyor; preparation of plan and report) – Section 20(1)(a) (mandatory notice to all claimants identified in surveyor’s report) – Section 20(2)(a) (requirement to file proof of service of notices in court). | Download |
| 2016-04-29 | CA/0778/1997F |
A.Dharmaratne and A.Rajapakse Vs. Ranhoti Pedige Piyatissa and Others.
View More |
Hon. M.M.A.Gaffoor, J. | Partition action – Interlocutory decree – Unallotted share of corpus – Allocation of unpartitioned share (1/3rd share) – Post-decree application to allocate unallotted share – Failure to issue notice to affected parties (7th and 8th Defendants) – Violation of audi alteram partem – Improper reliance on plaintiff’s untested evidence – Absence of cross-examination – Failure to call all interested parties – Duty of court to investigate title under Section 25 Partition Law – Right of defaulting party to file statement of claim (Section 25(3)) – De novo inquiry required – Improper exercise of jurisdiction by District Court – Misapplication of Section 26(2)(g) Partition Law – Unallotted land remaining in common ownership – Need for fair hearing before re-allocation – Setting aside of order and remittal for fresh inquiry. | Partition Law, No. 21 of 1977 – Section 25 (mandatory duty to investigate title, power to examine rights, title and interests of all parties, and procedure for inquiry) – Section 25(3) (court power to permit defaulting party to file statement of claim) – Section 26(2)(g) (court power regarding unallotted shares and allocation in partition proceedings). | Download |
| 2016-04-29 | CA/PHC/0011/2010 |
Jeewarani Samanmala Gunasekara Vs. Indika Balapitiya and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application – Possession dispute – Constructive possession – Actual possession – Forcible dispossession – Section 68 inquiry – Landlord and tenant relationship – Lease and sublease – Control and dominion over property – Recovery of possession – Burden of proving possession – Legal possession versus ownership – Rights of lessee and sub-lessee – Lack of evidence of control over premises – Determination of possession in summary proceedings – General control test for possession – Forcible dispossession against will of possessor – Reliance on Iqbal v. Majedudeen – Appeal dismissed. | Code of Criminal Procedure Act – Section 68 (forcible dispossession proceedings and restoration of possession), together with principles governing actual and constructive possession as recognized in Sri Lankan case law | Download |
| 2016-04-29 | CA/PHC/0065/2010 |
G.D. Kusumawathi and G.D. Jayarathne Vs. Assistant Commissioner of Agrarian Services and 2 Others.
View More |
Hon. P.R.Walgama, J. | Writ of Mandamus – Agrarian Development Act No. 46 of 2000 – Section 33(1), 33(2), 33(3) – Unauthorized construction on paddy land – Failure of Commissioner-General to act – Provincial High Court writ jurisdiction – Article 154P(4) of the Constitution – Jurisdictional limits of Provincial High Court – “Within the Province” interpretation – Provincial Council List – Item 9 (Agriculture and Agrarian Services) – Item 18 (Land – land tenure, alienation, settlement, improvement) – Writ of Certiorari and Mandamus – Jurisdictional bar – Constitutional interpretation of “within” – Rejection of writ application – Dismissal of appeal with costs. | Constitution of the Democratic Socialist Republic of Sri Lanka – Article 154P(4)(b) (writ jurisdiction of Provincial High Courts) Agrarian Development Act No. 46 of 2000 – Section 33(1), 33(2), 33(3) Thirteenth Amendment to the Constitution – Ninth Schedule, Provincial Council List – Item 9 (Agriculture and Agrarian Services), Item 18 (Land – rights, tenure, alienation, settlement, improvement) | Download |
| 2016-04-29 | CA/APN/0029/2015 |
Northern Power Company (Pvt) Ltd. Vs.Dr. Irajalingam Shiwasanker and Others.
View More |
Hon. L.T.B.Dehideniya, J. | Revision application - environmental pollution - power generation plant - public nuisance complaints - water pollution allegations - suspension of operations - Magistrate\'s order - High Court revision - appellate procedure - preliminary objection - duty of appellate court - non-appearance of appellant - consideration of merits - errors of lower court - dismissal of appeal refused. | Civil Procedure Code - Section 769(2). | Download |
| 2016-04-29 | CA/APN/0043/2015 |
The Attorney General Vs. Ranmuthudewage Susantha Dhammika Rathnayake.
View More |
Hon. L.T.B. Dehideniya, J. | Revision application - Attorney General - non-summary inquiry - witness not called at committal proceedings - unavailable witness - prosecution witness - admissibility of witness at trial - prima facie case - committal for trial - indictment - list of witnesses - amendment of indictment - power to summon witnesses - just decision of the case - no prejudice to accused - High Court trial - setting aside trial judge\'s order. | Penal Code - Sections 140, 146 read with 296, 146 read with 409, 32 read with 296, 32 read with 409. Criminal Procedure Code - Sections 148(1), 162(1), 439. | Download |
| 2016-04-29 | CA/TR/0093/2015 |
Palawinna Kularathna Muthukumarana Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda PC, J. | Transfer application - criminal case transfer - High Court of Embilipitiya - productions clerk - criminal breach of trust - public property - missing court production - sculptured lotus bud - application under Judicature Act - alleged bias - security guards as witnesses - influence on trial judge - burden of proving bias - difficulty retaining counsel - insufficient grounds for transfer - expediency - dismissal of transfer application. | Judicature Act - Section 46. Penal Code - Section 388 (referred to in judgment as criminal breach of trust). Offences Against Public Property Act No. 12 of 1982 - Section 5(1). | Download |
| 2016-04-29 | CA/WRT/0290/2015 |
All Ceylon Bank Employees\' Union and Others Vs. Bank of Ceylon and Others.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ application - writ of certiorari - writ of prohibition - promotion of employees - officer trainee appointments - confirmation in service - executive officer grade - interim relief - interim injunction - preliminary objection - scope of interim relief - relief wider than substantive relief - academic issue - confirmation already effected - maintainability of interim application - refusal of interim relief. | Constitution of Sri Lanka - Article 140. Civil Procedure principles relating to interim relief and prerogative writs. | Download |
| 2016-04-29 | CA/PHC/0011/2010 |
Jeewarani Samanmala Gunasekara v. Indika Balapitiya, Thisara Balapitiya & Others
View More |
Hon. L.T.B. Dehideniya, J | Land dispute; possession; lease; sublease; constructive possession; forcible dispossession; Primary Court jurisdiction; actual control of premises | Primary Courts’ Procedure Act No.44 of 1979 – ss.66 and 68(3) | Download |
| 2016-04-29 | CA/0623/1997(F) |
Rajapakse Gamaralage Gamini Rajapakse & Rita Hewavitharana v. Niyagama Gamage Malani
View More |
Hon. P.R. Walgama, J | Ejectment; house and land; leave and licence; occupation by permission; alleged tenancy; termination of licence; right to possession; NHDA lease | General civil law governing leave and licence, tenancy and ejectment; National Housing Development Authority lease | Download |
| 2016-04-29 | CA/0778/1997(F) |
A. Dharmaratne & A. Rajapakse v. Ranhoti Pedige Piyatissa & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition; unallotted 1/3 share; investigation of title; right to be heard; notice to parties; statement of claim; cross-examination; de novo inquiry; procedural fairness | Partition Law No.21 of 1977 – ss.25, 25(3) and 26(2)(g) | Download |
| 2016-04-29 | CA/APN/0029/2015 |
Northern Power Company (Pvt) Ltd. v. Dr. Irajalingam Shiwasanker & Others
View More |
Hon. L.T.B. Dehideniya, J | Revision – Electricity power plant – Environmental pollution – Water pollution – Magistrate suspending operation of power house – High Court revision – Preliminary objection that appellant failed to identify errors in High Court order – Duty of appellate court to consider appeal even where not properly supported – Appeal cannot be dismissed solely for failure to point out errors – Preliminary objection overruled. | Civil Procedure Code – section 769(2); revisionary/appellate principles governing consideration of an appeal despite absence or inadequate support by appellant. | Download |
| 2016-04-29 | CA/APN/0043/2015 |
Hon. Attorney General v. Ranmuthudewage Susantha Dhammika Rathnayake & 7 Others
View More |
Hon. L.T.B. Dehideniya, J | Criminal revision – Murder and related offences – Non-summary inquiry – Prosecution witness not called at non-summary inquiry because unavailable – Whether High Court may permit witness to testify at trial – Purpose of non-summary inquiry – Prosecutorial discretion – Witness list in indictment – Court’s power to summon witness essential to just decision – High Court order disallowing witness challenged. | Penal Code – sections 140, 146 read with 296, 146 read with 409, 32 read with 296 and 32 read with 409; Code of Criminal Procedure Act No. 15 of 1979 – sections 148(1), 162 and 439. | Download |
| 2016-04-28 | CA/0527/2000F |
Somapala Punchihewa Vs. Mercantile Credit Ltd and Others.
View More |
Hon. A.H.M.D.Nawaz, J. | Hire purchase agreement – Guarantee liability – Joint and several liability of guarantors – Demand requirement in guarantee contracts – Notice of termination – Validity of demand prior to suit – Consumer Credit Act – Surety liability in hire purchase transactions – Joint judgment not barring separate liability – Delay in delivery of judgment – Documentary evidence predominance – No prejudice from delay – Appeal dismissed – Enforcement of guarantee obligations. | Consumer Credit Act No. 29 of 1982, Section 31. | Download |
| 2016-04-28 | CA/0516/2000F |
Galhenage Don Shervin Stanistas Vs. V. Dona Ruby Diana Padmini Gunasekara.
View More |
Hon. H.C.J.Madawala, J. | Divorce action – Malicious desertion – Custody of child – District Court dismissal of divorce claim – Appellant’s appeal – Non-appearance of appellant/respondent – Failure to file written submissions – Prolonged delay in prosecution of appeal – Section 769(2) Civil Procedure Code – Abatement of appeal – No material before appellate court – Appeal dismissed without costs. | Civil Procedure Code of Sri Lanka, Section 769(2) – Appearance of appellant and consequence of default; Civil Procedure Code of Sri Lanka, Section 403 – Abatement of appeal where no steps are taken / no material placed before court. | Download |
| 2016-04-28 | CA/0545/1997F |
Uswatte Confectionery Works Ltd Vs. Daintee Limited.
View More |
Hon. Deepali Wijesundera, J. | Intellectual Property Act – Section 142(1) and 142(2)(a) – Unfair competition – Passing off – Alleged imitation of confectionery wrappers – Trade dress similarity – Likelihood of confusion – Competing brands in confectionery industry – Evidence of sales impact and goodwill damage – Comparative assessment of packaging design – Brand names on packaging not sufficient to avoid confusion – Damages based on sales volume – District Court findings affirmed on appeal – No error in fact or law – Appeal dismissed with costs. | Intellectual Property Act, No. 36 of 2003, Section 142(1) and Section 142(2)(a) – Acts of unfair competition and creation of confusion with competitor’s goods, services, or commercial activities. | Download |
| 2016-04-28 | CA/0823/1998 |
Seyed Khan Azad Khan Vs. P.V.A. Piyasena.
View More |
Hon. M.M.A.Gaffoor, J. | Rei vindicatio action – Declaration of title – Ejectment – Recovery of possession – Admission of title by Defendant – Sale agreement as basis of possession (Agreement No. 2045) – Lease/ownership admission through payment of rent – Estoppel against denial of title (Section 116 Evidence Ordinance) – Section 58 Evidence Ordinance (facts admitted need not be proved) – Section 8 Evidence (Special Provisions) Act No. 14 of 1995 (admitted facts) – Burden of proof on defendant in rei vindicatio – Licencee vs tenant distinction – Trespass after termination of agreement – Failure of consideration in sale agreement – Conditional possession under agreement – Breach of sale agreement leading to loss of right to remain – Improvements to property not creating title – Cinema theatre business vs land ownership distinction – Possession derived from contractual permission – Deed prevails over schedule in case of inconsistency – Interpretation of title deed (body over schedule rule) – No proof of lawful possession by defendant – Claim for damages and reconvention rejected – Misdirection in law by District Court – Appeal allowed and judgment set aside – Decree entered for plaintiff with costs. | Evidence Ordinance (Sri Lanka) – Section 58 (admitted facts need not be proved) – Section 116 (estoppel of tenant/licensee from denying landlord’s title) – General principles of burden of proof in rei vindicatio actions (as applied in Sri Lankan civil law) – Section 8(1), Evidence (Special Provisions) Act No. 14 of 1995 (admissions dispense with proof). | Download |
| 2016-04-28 | CA/APN/0105/2014 |
The Attorney General Vs. Agampodi Jayantha Gamini Soyza and Yakdaradura Nimal Prasanna Silva.
View More |
Hon. L.T.B. Dehideniya, J. | Revision application – State challenge – Criminal trial – Murder indictment under Penal Code – Witness of Court (PW3) – Judicial discretion to call witnesses – Section 114 Evidence Ordinance – Prosecutorial discretion of Attorney General – Duty of State Counsel in witness selection – Contradiction in witness testimony – Credibility assessment – Non-summoning vs calling additional witness – Amendment of indictment by court – Plea of guilty to lesser offence – Sudden fight inference – Judicial overreach in drawing inference without evidence – Consent of prosecution in plea bargaining – Limits of court’s power to amend indictment ex mero motu – Misapplication of Sittampalam procedure – Procedural fairness in criminal trials – Interference in revision jurisdiction – Setting aside conviction and sentence – Order for fresh trial before different judge. | Penal Code of Sri Lanka Section 296 (murder), Evidence Ordinance Section 114 (adverse inferences and judicial presumptions), and the Criminal Procedure Code (provisions relating to indictment procedure, amendment of indictments) | Download |
| 2016-04-28 | CA/PHC/0023/2005 |
Rathnayake Mudiyanselage
Mahinda Rathnayake and Others Vs. Henry Persy Bonipus and Others.
View More |
Hon. Malinie Gunaratne, J. | Court of Appeal Rules 1998 – Leave to Appeal – Preliminary objections – Maintainability of appeal – Non-compliance with Rule 4(1), Rule 4(2) and Rule 14(1)(e) – Defective Petition of Appeal – Failure to state grounds of appeal – Failure to state matters of law – Absence of certificate by Attorney-at-Law – Improper invocation of appellate jurisdiction – Rejection in limine – Mandatory procedural compliance – No proper petition of appeal – Jurisdiction not properly invoked – Costs awarded. | Court of Appeal (Procedure for Appeals from High Court established by Article 154P of the Constitution) Rules 1998 – Rule 4(1), Rule 4(2), Rule 14(1)(a) & 14(1)(e). | Download |
| 2016-04-28 | CA/PHC/0023/2005 |
Rathnayake Mudiyanselage Mahinda Rathnayake & Others v. Henry Persy Bonipus, Carrol Mercule Bonipus & Sellaiah Yuvaraj
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court appeal; land dispute; preliminary objections; defective petition of appeal; failure to state grounds; failure to identify questions of law; non-compliance with appellate procedure; jurisdiction not properly invoked | Primary Courts’ Procedure Act No.44 of 1979 – Chapter VII; Court of Appeal (Procedure for Appeals from High Courts established by Article 154P) Rules 1998 – rr. 4(1), 4(2), 14(1)(a), 14(1)(e) | Download |
| 2016-04-28 | CA/0527/2000(F) |
Mercantile Credit Ltd. v. Winston Noel Thomas Perera & Others
View More |
Hon. A.H.M.D. Nawaz, J | Hire purchase; guarantor; guarantee; liability of guarantor; demand; principal debtor; consumer credit transaction | Consumer Credit Act No.29 of 1982 – s.31 | Download |
| 2016-04-28 | CA/0516/2000(F) |
Galhenage Don Shervin Stanistas v. V. Dona Ruby Diana Padmini Gunasekara
View More |
Hon. H.C.J. Madawala, J | Divorce; matrimonial action; malicious desertion; alleged extramarital relationship; matrimonial home; credibility of evidence; custody | Matrimonial law governing divorce and malicious desertion; Civil Procedure Code provisions applicable to matrimonial actions | Download |
| 2016-04-28 | CA/0545/1997(F) |
Daintee Ltd. v. Uswatte Confectionery Works Ltd.
View More |
Hon. Deepali Wijesundera, J | Unfair competition; confectionery products; wrappers; imitation; confusing similarity; passing off-type conduct; damages; intellectual property | Intellectual Property law – s.142(1) and s.142(2)(a) as cited in the judgment | Download |
| 2016-04-28 | CA/0823/1998(F) |
Seyed Khan Azad Khan v. P.V.A. Piyasena
View More |
Hon. M.M.A. Gaffoor, J | Rei vindicatio; declaration of title; ejectment; sale agreement; admission of title; burden of proof; lawful possession; estoppel; improvements | Evidence Ordinance – s.58; Evidence (Special Provisions) Act No.14 of 1995 – s.8(1); Roman-Dutch law principles of rei vindicatio | Download |
| 2016-04-28 | CA/WRT/0924/1997(F) |
Hewagamage David v. Jayasundara Gamage Heenhamy & Others
View More |
Hon. Deepali Wijesundera, J | Partition action; pedigree; chain of title; investigation of title; documentary evidence; death certificates; trial judge’s duty in partition proceedings | Partition Law No.21 of 1977 – principles requiring the Court independently to investigate title and pedigree | Download |
| 2016-04-27 | CA/0562/2000F |
L.M. Jagath Keerthi Ratnayake Vs. Willara Arachchige Gunasekara and Others.
View More |
Hon.A.H.M.D.Nawaz, J. | Partition action – Identification of corpus – Dispute over land identity (“Paluwatta” vs “Ihalawatta”) – Licensed surveyor’s plan and report (Plan No. 878) – Non-service of notice to all claimants under Partition Law – Failure to include party in survey commission – Non-compliance with Section 20(1)(a) of Partition Law – Inconsistency between plaint boundaries and survey plan boundaries – Discrepancy in extent of land – Investigation of title in partition proceedings – Imperative duty of court to determine title (judgment in rem nature) – Partial survey of larger undivided land – Failure to survey entire corpus – Improper evaluation of competing possession claims – Inadequate judicial investigation of title – Decree set aside on appeal with costs. | Partition Law, No. 21 of 1977 – Section 18(1) and Section 20(1)(a) & 20(2)(a) (survey report, notice to claimants, and procedural requirements in partition actions). | Download |
| 2016-04-27 | CA/0015/2003 |
W.R.A. Rohana Priyadarshana Ranasinghe Vs. Mohoppu Arachchige Jayasena Perera and Others.
View More |
Hon. H.C.J.Madawala, J. | Partition action – Scheme of partition – Court Commissioner/surveyor’s plan – Preliminary plan and alternative plans (Plan No. 2099 and Plan No. 2101) – Lack of proper access/right of way – Compliance with interlocutory decree – Allocation of co-owner’s entitlement in one lot – Improvements by co-owner (houses, tube well, structures) – Right of co-owner to be allotted improvements where practicable – Waiver of access rights – Adequacy and legality of survey scheme – Judicial approval of partition scheme with variation – Practical usability of allotted lots – Discrepancy between entitlement (4.3 perches vs 3.8 perches) – Reduction for access road – Fair division of corpus – Judicial discretion in approving/altering survey schemes – Confirmation of District Judge’s order with modification – Dismissal of appeal with costs. | Partition Law, No. 21 of 1977 – Section 26 (preparation and confirmation of interlocutory decree and allocation of shares; effect on partition scheme and distribution of corpus; role of court in confirming/amending surveyor’s scheme). | Download |
| 2016-04-27 | CA/PHC/0080/2005 |
Design Consortium Ltd. Vs. H. Wijeratne and 2 Others.
View More |
Hon. Malinie Gunaratne, J. | Shop and Office Employees (Regulation of Employment and Remuneration) Act – Section 50(c)(2) & 50(c)(3) – Labour Commissioner’s certificate – Recovery of unpaid wages – Employer–employee relationship dispute – Independent contractor claim – Jurisdiction of Magistrate’s Court – Limited scope of inquiry – Audi alteram partem rule – Statutory finality of certificate – Grounds to challenge certificate – Non-payment of salary – Administrative determination – Appeal from Magistrate’s order – Revision before High Court – Affirmation of Magistrate’s order – Writ jurisdiction as proper remedy – Enforcement of labour certificate – Dismissal of appeal with costs. | Shop and Office Employees (Regulation of Employment and Remuneration) Act – Section 50(c)(2), Section 50(c)(3) | Download |
| 2016-04-27 | CA/PHC/0082/2011 |
B.H.B. Pieris Vs. The Secretary of the Ministry of Public Administration and another.
View More |
Hon. P.R.Walgama, J. | Government Quarters (Recovery of Possession) Act No. 7 of 1969 – Section 6 – Ejectment of government quarters occupant – Writ of certiorari – Revision jurisdiction of High Court – Magistrate’s order for vacation of premises – Show cause procedure – Audi alteram partem rule – Notice to quit – Cabinet decision on transfer of government quarters – Legitimate expectation – Revocation of Cabinet decision – Administrative discretion – Validity of quit notice – Execution of ejectment order – Scope of judicial review – Affidavit validity – Oaths Ordinance Section 12(1) – Commissioner for oaths conflict – Procedural fairness – Affirmation of Magistrate and High Court orders – Dismissal of appeal with costs. | Government Quarters (Recovery of Possession) Act No. 7 of 1969 – Section 6 Oaths and Affirmations Ordinance – Section 12(1) | Download |
| 2016-04-27 | CA/WRT/0031/2013 |
A Base Mechfarms (Pvt) Limited Vs. Consumer Affairs Authority and Others.
View More |
Hon. Padman Surasena, J. | Writ application - certiorari - Consumer Affairs Authority - agricultural equipment - harvester machine - warranty claim - consumer complaint - limitation period - complaint outside three months - interpretation of statute - purposive interpretation - consumer protection - warranty and guarantee - jurisdiction of Consumer Affairs Authority - unfair trade practices - dismissal of writ application. | Consumer Affairs Authority Act No. 9 of 2003 - Sections 2, 7, 12, 13(1), 13(2). | Download |
| 2016-04-27 | CA/WRT/0058/2016 |
Ovitigala Vithanage Indika Prabath Lakshan Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda, PCJ (P/CA) | Writ application - school admission - Grade 1 admissions - household category - religious quota - Christian student category - admission criteria - failure to submit required documents - proof of religion - school admission policy - prior admissions of siblings - religious declaration - refusal of notice - dismissal of application. | Constitution of Sri Lanka - Article 140. Ministry of Education Circulars on School Admissions - Religious category admissions criteria. | Download |
| 2016-04-27 | CA/PHC/0080/2005 |
Design Consortium Ltd. v. H. Wijeratne / Nalini Rupika Ranasinghe & Lanka Weerasinghe
View More |
Hon. W.M.M. Malinie Gunaratne, J | Recovery of salary arrears; employee vs independent contractor; certificate of Commissioner of Labour; Magistrate’s jurisdiction; show cause; audi alteram partem; limits on challenging statutory certificate | Shop and Office Employees (Regulation of Employment and Remuneration) Act – ss. 50(c)(2) and 50(c)(3); High Court of the Provinces (Special Provisions) Act No.19 of 1990 | Download |
| 2016-04-27 | CA/PHC/0082/2011 |
B.H.B. Pieris v. Secretary, Ministry of Public Administration & Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Government quarters; recovery of possession; ejectment; writ of possession; failure to vacate; revision; statutory recovery procedure | Government Quarters (Recovery of Possession) Act – s.6; Constitution – Arts. 138(1) and 154P(6) | Download |
| 2016-04-27 | CA/0562/2000(F) |
L.M. Jagath Keerthi Ratnayake v. L.M. Karolis Singho & Others
View More |
Hon. A.H.M.D. Nawaz, J | Partition; identification of corpus; boundaries and extent; preliminary plan; failure to notify claimant; failure to investigate title; due process; defective partition proceedings | Partition Law No.21 of 1977 – ss. 18, 20(1)(a), 20(2)(a) and principles relating to investigation of title | Download |
| 2016-04-27 | CA/LA/0015/2003 |
W.R.A. Rohana Priyadarshana Ranasinghe v. Mohoppu Arachchige Jayasena Perera & Others
View More |
Hon. H.C.J. Madawala, J | Leave to appeal; partition scheme; interlocutory decree; allotment of shares; improvements by co-owner; surveyor; court commissioner; access road; conformity of final scheme with decree | Civil Procedure Code – s.754(2); Partition Law – provisions governing schemes of partition and final decree | Download |
| 2016-04-27 | CA/WRT/0031/2013 |
A Base Mechfarms (Pvt) Limited v. Consumer Affairs Authority & Others
View More |
Hon. P. Padman Surasena, J | Writ of Certiorari – Agricultural machinery – “Sinoha Harvester” – Consumer complaint – Warranty – Consumer Affairs Authority inquiry – Three-month statutory complaint period – Purposive interpretation – Complaint made during subsisting warranty – Refund order – Scope of Consumer Affairs Authority jurisdiction. | Constitution – Article 140; Consumer Affairs Authority Act No. 9 of 2003 – sections 13(1) and 13(2). | Download |
| 2016-04-27 | CA/WRT/0058/2016 |
Ovitigala Vithanage Indika Prabath Lakshan, on behalf of Ivindu Iduwara (Minor) v. Hon. Attorney General & 7 Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | School admission – Grade One admission for 2016 – St. Mary’s Vidyalaya, Matugama – Household category – Christian-student quota – Documentary proof of religion – Failure to submit required documents – Earlier children attending same school and studying Buddhism – No merit – Notice refused – Application dismissed without costs. | Constitution – Article 140; applicable school-admission criteria/circular and school-specific documentary requirements relating to religious-category admission. | Download |
| 2016-04-26 | CA/PHC/0107/2011 |
Mahipala Mudalige Sunil
Premaratne Paris Vs. Madampe Multi - Purpose
Co-operative Society and Others.
View More |
Hon. P.R. Walgama, J. | Writ of Certiorari; Co-operative Society inquiry; Section 46 inquiry; loss recovery; President Park project; allotment/sale of land blocks; legitimate expectation; administrative decision (P12 & P13); judicial review; refusal of writ; procedural fairness; appellate intervention; finding of no legal error; dismissal of appeal with costs. | Co-operative Societies Act No. 5 of 1972 (as amended) – Section 46. | Download |
| 2016-04-26 | CA/PHC/0125/2012 and CA/PHC/APN/0107/2012 |
Kumarage Chandana and others Vs. Kumarage Desi Nona and others
View More |
Hon. L.T.B. Dehideniya, J. | land dispute, breach of peace | Primary Court Procedure Act, No. 44 of 1979 | Download |
| 2016-04-26 | CA/PHC/0107/2011 |
Mahipala Mudalige Sunil Premaratne Paris v. Madampe Multi-Purpose Co-operative Society & Others
View More |
Hon. P.R. Walgama, J | Co-operative society; sale of land below proposed price; President Park; alleged loss to society; statutory inquiry; recovery of loss; natural justice; opportunity to be heard; certiorari | Co-operative Societies Act No.5 of 1972, as amended – ss. 46(1), 66(1)(a) and proviso to s.66(1) | Download |
| 2016-04-25 | CA/PHC/APN/0119/2010 |
The Attorney General Vs. Kanniappan Nagesh.
View More |
Hon. Malinie Gunaratne, J. | Revision application - Attorney General - enhancement of sentence - rape of minor daughter - incest - guilty plea - father as offender - child victim - mandatory minimum sentence - suspended sentence - grossly inadequate sentence - aggravating circumstances - judicial misdirection - deterrent punishment - public interest - compensation to victim - rigorous imprisonment - sentencing principles - revisionary jurisdiction. | Penal Code - Section 364(3);Code of Criminal Procedure Act No. 15 of 1979 - Sections 303(1)(a)-(i), 303(1)(e)(k)(i), 303(2)(a);Criminal Procedure (Amendment) Act No. 17 of 1999; Criminal Procedure (Amendment) Act No. 47 of 1999. | Download |
| 2016-04-25 | CA/WRT/0058/2012 |
N. Ekanayake Vs. The Attorney General and 2 Others.
View More |
Hon. A.H.M.D.Nawaz, J. | Writ application - writ of prohibition - writ of mandamus - Sri Lanka Ports Authority - revised tariff - port charges - occupation charges - imported motor vehicles - retrospective application of tariff - prospective operation of tariff - statutory interpretation - non-retrospectivity - ultra vires - public duty - judicial review - port storage charges - prohibition granted - mandamus refused. | Sri Lanka Ports Authority Act No. 51 of 1979 - Sections 37(1), 89. Interpretation Ordinance - Section 6(3). | Download |
| 2016-04-25 | CA/0150/2013 |
Suneetha Wijesinghe v. Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Cannabis; possession and trafficking; sentencing; woman police constable; public servant; deterrent punishment; suspended sentence refused; consecutive sentences varied to concurrent sentences; conviction affirmed | Poisons, Opium and Dangerous Drugs Ordinance – ss. 54A(b) and 54A(d), as amended by Act No.13 of 1984 | Download |
| 2016-04-25 | CA/PHC/APN/0087/2012 |
Hon. Attorney General v. Kanniappan Nagesh
View More |
Hon. W.M.M. Malinie Gunaratne, J | Revision of sentence – Rape of 13-year-old daughter by father – Guilty plea – Mandatory minimum sentence – Suspended sentence – Manifest inadequacy of sentence – Aggravating circumstances – Trial judge considering only offender’s circumstances – Public interest and victim impact – Sentencing principles – Revision by Attorney General. | Constitution – Article 138; Penal Code – section 364(3); Code of Criminal Procedure Act No. 15 of 1979 – sections 303 and 364, including section 303(2)(a); amendments referred to in the judgment. | Download |
| 2016-04-25 | CA/WRT/0058/2012 |
N. Ekanayake, carrying on business as Midland Enterprises v. Hon. Attorney General & Others
View More |
Hon. A.H.M.D. Nawaz, J | Writs of Prohibition and Mandamus – Sri Lanka Ports Authority – Imported motor vehicles – Occupational/storage charges – New tariff effective from 1 February 2012 – Retrospective application of revised tariff – Accrued liability under old tariff – Presumption against retrospectivity – Ultra vires – Prohibition issued against applying new tariff to period before 1 February 2012 – Public duty. | Constitution – Article 140; Sri Lanka Ports Authority Act No. 51 of 1979 – sections 37(1) and 89; Interpretation Ordinance – section 6(3). | Download |
| 2016-04-20 | CA/PHC/0065/2010 |
G.D. Kusumawathi & G.D. Jayarathne v. Assistant Commissioner of Agrarian Services & Others
View More |
Hon. P.R. Walgama, J | Agrarian law; paddy land; threshing floor; unauthorized construction; statutory duty; mandamus; agrarian authority; writ appeal | Agrarian Development Act No.46 of 2000 – ss.33(1), 33(2) and 33(3); Constitution – Art.154P(6) | Download |
| 2016-04-07 | CA/WRT/0086/2016 |
Leenas Sebesthiyan Dias & 2 Others v. Hon. Mahinda Amaraweera, Minister of Fisheries & Aquatic Resources & 2 Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Fisheries permits – Impugned circular – Restriction on additional boat – Respondent agreeing to withdraw circular – Permits to be amended – Application withdrawn – Application dismissed. | Applicable fisheries permit regulations and administrative circular governing use of additional boats. | Download |
| 2016-04-01 | CA/0541/1997F |
S.A. Violet Menika Vs. Rev: Medawalagama Upalena.
View More |
Hon. P.R.Walgama, J. | Buddhist Temporalities Ordinance – Temple land dispute – Trustee and Viharadhipathi succession – Ejectment action – Declaration of title – Alleged forcible possession of paddy land – Identification of disputed land – Competing land descriptions and survey plans – Plan No. 112 (licensed surveyor report) – Tenant cultivator evidence – Agrarian Services Department inquiry – Failure to challenge survey plan – Burden to disprove identity of land – District Court decree affirmed – Appeal dismissed with costs. | Buddhist Temporalities Ordinance (re Trustee appointment and temple property administration) Civil Procedure Code (Sri Lanka) – principles on burden of proof and evaluation of evidence in civil appeals. | Download |
| 2016-04-01 | CA/0080/2005 |
A.K.M. Perera Vs. National Gem & Jewellery Authority.
View More |
Hon. M.M.A.Gaffoor, J. | Leave to appeal – Interim injunction – Gem mining licence – Revocation of licence after inquiry – Seizure of gemstones – Title dispute over mining land – Failure to prove ownership/title to land – Prima facie case requirement – Balance of convenience – Irreparable damage test – Equitable discretion in injunctions – Clean hands doctrine – Laches and delay – Alternative remedy via writ jurisdiction – Jurisdictional error argument – Improper forum for challenging administrative action – National Gem & Jewellery Authority regulatory powers – Judicial review vs District Court action – Refusal of interim injunction upheld – Dismissal of leave to appeal. | National Gem & Jewellery Authority Act, No. 50 of 1993 – regulatory control over gem mining licences and mining operations, including issuance, cancellation, and control of gemstone prospecting licences. | Download |
| 2016-04-01 | CA/PHC/0214/2005 |
W. Upali Abeywardena Vs. The Municipal Council of Anuradhapura and 2 Others.
View More |
Hon. Malinie Gunaratne, J. | Writ of Certiorari - judicial review - Urban Development Authority notice - unauthorized building - demolition notice - abuse of power allegation - excess of jurisdiction - procedural irregularity - discretionary remedy - prerogative writs - legality of administrative action - refusal of writ - dismissal of appeal. | Urban Development Authority Act No. 41 of 1978 (as amended by Act No. 44 of 1984). | Download |
| 2016-04-01 | CA/WRT/0443/0011 |
J.J. Ginige and 13 Others Vs. Prasanna Ranathunga and Others.
View More |
Hon. Deepali Wijesundera, J. | Writ application - writ of mandamus - promotion to Special Grade - Sri Lanka Technical Service - Western Provincial Council - categorization of service - buildings division - irrigation division - Supreme Court judgment - reversal of Court of Appeal decision - cadre vacancies - promotions based on seniority - Class I officers - legitimate expectation - absence of vacancies - no vested right to promotion - minutes of meeting - advice of Board of Ministers - Governor\'s approval - necessary parties not joined - alternative remedy - refusal of writ. | Constitution of Sri Lanka - Article 140. Sri Lanka Technical Service Minute - Clause 5.1. Provincial Councils Act and administrative provisions relating to public service promotions. | Download |
| 2016-04-01 | CA/WRT/0667/2009 |
Abeysirinarayana Lokuruge Somathilake and Others Vs. Hon. Jeewan Kumaranatunga of Ministry of Lands and Development and Others.
View More |
Hon. Deepali Wijesundera, J. | Writ application – writ of certiorari – land acquisition – vesting order – acquisition of land – public purpose – school playground – urgency acquisition – Gazette Extraordinary – Section 38 order – challenge to acquisition – paddy land – judicial review – conclusiveness of ministerial declaration – procedural impropriety – mala fides – public purpose established – educational development – dismissal of application. | Land Acquisition Act – Sections 5(1), 5(2), 5(3), 38. | Download |
| 2016-04-01 | CA/0541/1997(F) |
Rev. Passara Upananda / Rev. Medawalagama Upalena v. S.A. Violet Menika
View More |
Hon. P.R. Walgama, J | Temple property; paddy land; declaration of title; possession; ejectment; Viharadhipathi; trustee; alleged unlawful possession; succession to trusteeship | Buddhist Temporalities Ordinance; general civil law relating to declaration of title and ejectment | Download |
| 2016-04-01 | CA/LA/0080/2005 |
A.K.M. Perera v. National Gem & Jewellery Authority
View More |
Hon. M.M.A. Gaffoor, J | Leave to appeal; interim injunction; gem mining; prospecting licence; disputed title to land; revocation of licence; seized gemstones; prima facie case; balance of convenience; judicial review | Civil Procedure Code – leave-to-appeal and interim-injunction provisions; statutory gem-mining licensing regime | Download |
| 2016-04-01 | CA/WRT/0443/2011 |
J.J. Ginige & 12 Others v. Prasanna Ranathunga & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Mandamus – Sri Lanka Technical Service – Western Provincial Council – Irrigation and Buildings divisions – Special Grade promotions – Categorisation of service – Earlier Court of Appeal decision reversed by Supreme Court – Cadre vacancies – Seniority – Legitimate expectation – Whether minutes of meeting constituted an enforceable decision – Necessary parties – Alternative remedy – Mandamus and public duty. | Constitution – Article 140; Sri Lanka Technical Service Minutes, particularly clause 5:1; principles governing Mandamus, legitimate expectation, necessary parties and alternative remedies. | Download |
| 2016-04-01 | CA/WRT/0667/2009 |
Abeysirinarayana Lokuruge Somathilake & 21 Others v. Hon. Jeewan Kumaranatunga & Others
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari – Land acquisition – Paddy land – Acquisition for construction of school playground – Public purpose – Urgency – Vesting order – Objections by landowners – Whether public purpose was real, definite and present – Delay in implementation – Petitioners alleging ultra vires acquisition – Judicial review of acquisition decision. | Constitution – Article 140; Land Acquisition Act No. 9 of 1950 – section 38; Gazette Extraordinary No. 1609/10 dated 08.07.2009. | Download |
| 2016-04-01 | CA/PHC/0214/2005 |
W. Upali Abeywardena v. Municipal Council, Anuradhapura & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court writ appeal – Unauthorized building – Municipal notice – Proposed demolition – Certiorari – Alleged excess/abuse of power and political motivation – Discretionary nature of prerogative writs – No illegality or procedural irregularity established – High Court judgment affirmed – Appeal dismissed with costs. | Constitution – Article 140; Urban Development Authority Act No. 41 of 1978, as amended by Act No. 44 of 1984; High Court of the Provinces (Special Provisions) Act No. 19 of 1990. | Download |
| 2016-03-31 | CA/WRT/0315/2014 |
Ragupathi Upulwan Serasinghe Vs. M.D. Ranjani Jayakody and Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Writ of Certiorari – Writ of Prohibition – Writ of Mandamus – Sports Law No. 25 of 1973 – Regulation 54(3) – Section 33 Sports Law – Ultra vires decision – Conduct of elections of Executive Council – Interim committee of National Sports Association – Ministerial directive and Gazette notification – Authority of Director General of Sports – Validity of election process – Ratification of administrative action – Abuse of discretionary power – Judicial review of sports administration – Legitimate expectation of proper procedure – Existence of interim committee during elections – Excess of power by First Respondent – Quashing of election decision – Declaration of invalid election – Prohibition against elected Executive Council – Mandamus refused – Partial success of writ application. | Sports Law No. 25 of 1973 – Section 33 (powers of Minister to appoint interim committee) – Section 41 (regulation-making power) – Regulation 54(3) of Sports Regulations (Minister’s power to direct convening and conduct of meetings of National Sports Associations) – Government Gazette No. 1831/2 dated 07.10.2013 (delegation of authority regarding conduct of elections for specified sports associations). | Download |
| 2016-03-31 | CA/WRT/0362/2009 |
L.D.C. Jayantha Kumara Vs. Thilak Collure and 17 Others.
View More |
Hon. L.T.B. Dehideniya, J. | Public Service Commission recruitment dispute – Railway Department – Assistant Divisional Transportation Superintendent posts – Alleged departure from scheme of recruitment and interview board selection – Mandamus to implement interview board recommendations – Mandamus to enforce recruitment criteria and Cabinet memorandum – Prohibition against filling vacancies from internal candidates – Amendment of petition to substitute original respondents with successor office holders and Public Service Commission members – Consequential amendment of prayer and pleadings – Objections of respondents on change of cause of action, laches, and substantive variation rejected – Amendment allowed. | None specifically cited. | Download |
| 2016-03-31 | CA/WRT/0362/2009 |
L.D.C. Jayantha Kumara & Another v. Thilak Collure, Secretary, Ministry of Transport & 17 Others
View More |
Hon. L.T.B. Dehideniya, J | Writ proceedings – Railway Department recruitment – Assistant Divisional Transportation Superintendent – 60% external / 40% internal recruitment ratio – Interview-board selection – Subsequent establishment of Public Service Commission – Amendment of petition to substitute/add current office holders and Commission members – Objection that amendment changes cause of action – Laches – Consequential amendment – Objections overruled – Amended petition accepted. | Constitution – Article 140; applicable Railway Department Scheme of Recruitment and administrative directions; principles governing amendment of writ pleadings and substitution/addition of public office holders. | Download |
| 2016-03-30 | CA/PHC/0048/2009 |
Fathima Rinsa and another Vs. Officer In Charge of Special Crimes Investigation Bureau Hambanthota and 2 Others.
View More |
Hon. L.T.B.Dehideniya,J. | Withdrawal of plea of guilty – Criminal trial – Unconditional plea of guilt – Magistrate’s discretion – Leave of court to withdraw plea before sentencing – Delay in trial proceedings – Misapprehension/voluntariness of plea – Revision by High Court – Interference with judicial discretion – Principles governing appellate review of discretion – Procedural fairness – Restoration of Magistrate’s order – Accused not alive – No order as to costs. | Criminal Procedure Code Act No. 15 of 1979, Section 183(1) (proviso). | Download |
| 2016-03-30 | CA/WRT/0500/2010 |
Y .M.S.B. Udawela Vs. The Secretary of Ministry of Public Administration and Home Affairs.
View More |
Hon. L.T.B.Dehideniya, J. | Writ of Certiorari – Public Administration Circular – Salary anomaly – Retrospective arrears claim – SLAGS vs SLTS salary structure – National Salary and Cadre Commission – Necessary party in writ proceedings – Non-joinder of necessary party – Policy decision on remuneration – Judicial review of administrative policy – Legitimate expectation – Ultra vires and arbitrariness – Failure to include decision-making authority – Dismissal for procedural defect – Arrears effective date dispute – Maintainability of writ application. | Public Administration Circular No. 16/2008 dated 22.08.2008. | Download |
| 2016-03-30 | CA/0599/1983F |
Selvanantham and 3 Others Vs. Sinnathamby Kasinathan and 2 Others.
View More |
Hon. A.H.M.D.Nawaz, J. | Abatement of appeal – Failure to prosecute – Dismissal of appeal – Interpretation of court order – Inaction of parties – Return of record to District Court – Proposed substituted party – Procedural default. | Civil Procedure Code, Section 402. | Download |
| 2016-03-30 | CA/203-207/2011 |
Su Ting Rui and Others Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda PCJ (P/CA) | Murder – Unlawful assembly – Common intention – Circumstantial evidence – Confession before Magistrate – Inculpatory and exculpatory statements – Chinese nationals – Disposal of dead body – Causing disappearance of evidence – Screening offender from punishment – Murder conviction affirmed against one accused – Convictions set aside – Acquittal of co-accused – Substituted conviction – Appeal partly allowed. | Penal Code, Sections 32, 140, 146, 198 and 296; Evidence Ordinance, Sections 17(2), 21 and 26(1); Code of Criminal Procedure Act No. 15 of 1979, Section 335(2)(b). | Download |
| 2016-03-30 | CA/0599/1983(F) |
Selvanantham & Others, substituted for deceased defendant, v. Sinnathamby Kasinathan & Others
View More |
Hon. A.H.M.D. Nawaz, J | Substitution and re-listing – Thesawalamai pre-emption action – Appeal abated in 1997 – Application to re-list filed approximately 11 years later – Further inactivity in prosecuting re-listing application – Due diligence – Finality of litigation – Long delay and inertia – Re-listing application dismissed. | Civil Procedure Code – section 337; Supreme Court Rules – Rule 4; Thesawalamai law of pre-emption; principles governing abatement, substitution and re-listing of appeals. | Download |
| 2016-03-30 | CA/PHC/0048/2009 |
Fathima Rinsa & Mohomad Jawfer Mufeer v. Officer-in-Charge, Special Crimes Investigation Bureau, Hambantota; Reeta Princy Josephen Ranasinghe Perera & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Criminal appeal – Accused initially pleading not guilty – Later unconditional guilty plea – Application to withdraw guilty plea before sentence – Magistrate granting leave – High Court reversing Magistrate in revision – Statutory right/power to permit withdrawal before sentence – Judicial discretion – Earlier judge-made law distinguished following enactment of express proviso – High Court order reviewed. | Penal Code – sections 454 and 457/459; Code of Criminal Procedure Act No. 15 of 1979 – section 183(1), including proviso permitting withdrawal of guilty plea before sentence; former Criminal Procedure Code Ordinance – section 188(1). | Download |
| 2016-03-30 | CA/WRT/0500/2010 |
Y.M.S.B. Udawela & 23 Others v. Secretary, Ministry of Public Administration and Home Affairs; Secretary, Ministry of Finance and Planning; Director General, Department of Agriculture; Director General, Department of Pensions & Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Writ of Certiorari – Public-service salary anomaly – Middle Level Unified Technical Service – Sri Lanka Technological Service – Sri Lanka Agricultural Service – Circular restructuring salary scales – Arrears limited from 01.09.2008 – Petitioners seeking retrospective arrears from 01.07.1994 – Ultra vires, arbitrariness, unfairness and legitimate expectation alleged – Government salary policy – National Salary and Cadre Commission – Necessary party – Failure to join authority responsible for salary restructuring fatal – Judicial review of policy decisions – Application dismissed without costs. | Constitution – Article 140; Public Administration Circular No. 16/2008 dated 22.08.2008 – particularly disputed paragraphs concerning effective date/arrears; Public Administration Circular No. 30/99(1) dated 07.02.2000; principles governing necessary parties and judicial review of Government policy decisions. | Download |
| 2016-03-29 | CA/WRT/0335/2015 |
NatWealth Securities Ltd. Vs. The Monetary Board of the Central Bank and Others.
View More |
Hon. Padman Surasena, J. | Writ of Certiorari – Quashing of directive issued under P29 in respect of Primary Dealer obligations – Repurchase and reverse repurchase agreements – Central Bank regulatory oversight – Alleged suspension/cancellation of Primary Dealer licence – Interim stay order pending final determination – Extension of interim relief – Balance of convenience and irreparable harm – Government Securities Market stability – Interim order vacated and dissolved. | Monetary Law of Sri Lanka (No. 58 of 1949), Section 5; Local Treasury Bills Ordinance; Registered Stocks and Securities Ordinance; Court of Appeal (Appellate Procedure Rules) 1990, Rule 2(6). | Download |
| 2016-03-29 | CA/0300/2009 |
Ladupath Vithanalage Ariyaratne Vs. The Attorney General.
View More |
Hon. K.K. Wickremasinghe,J. | Withdrawal of appeal – Convicted accused – Application to withdraw appeal – Backdating of sentence – Commencement of sentence – Period in remand custody – Consent of prosecution – Sentence to run from date of conviction – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 (relating to appeals and implementation of sentences). | Download |
| 2016-03-29 | CA/0425/1996F |
Multiform interlining Manufacturing and 2 Others Vs. Lanka Orix Leasing Company LTD.
View More |
Hon. A.H.M.D.Nawaz, J. | Appeal – Settlement between parties – Withdrawal of appeal – Joint motion – Consent of parties – Preservation of rights – District Court proceedings – Pro-forma dismissal – Agreement on terms – Appeal dismissed. | No specific legislation discussed. | Download |
| 2016-03-29 | CA/0702/1989F |
D.N. Wijetunga Vs. T.C. Amarasekera.
View More |
Hon. P.R.Walgama, J. | Specific performance – Agreement to sell immovable property – Sale agreement – Licensee in possession – Advance payment – Extension of time – Readiness and willingness to perform – Breach of contract – Failure to execute transfer deed – State Mortgage Bank loan – Equitable relief – Enforcement of contract – Possession of premises – Liquidated damages – Appeal dismissed. | Civil Procedure Code (provisions relating to specific performance and enforcement of contracts). | Download |
| 2016-03-29 | CA/0300/2009 |
Ladupath Vithanalage Ariyaratne v. Hon. Attorney General
View More |
Hon. K.K. Wickremasinghe, J | Criminal appeal – Application to withdraw appeal – Accused in remand for lengthy period – Request to implement sentence from date of conviction/sentence – State not objecting – Appeal withdrawn – Sentence directed to operate from 20 August 2010 – Appeal dismissed subject to direction. | Code of Criminal Procedure Act – appellate and sentencing provisions governing withdrawal of criminal appeal and commencement of sentence. | Download |
| 2016-03-29 | CA/0425/1996(F) |
Multiform Interlining Manufacturing (Lanka) Company Ltd. & Others v. Lanka Orix Leasing Company Ltd.
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal – Settlement – Parties agreeing to withdraw appeal without prejudicing right to recover money in separate District Court proceedings – Motion recording settlement – Withdrawal – Appeal dismissed pro forma. | Civil Procedure Code/appellate procedural principles governing settlement and withdrawal of appeal. | Download |
| 2016-03-29 | CA/0702/1989(F) |
D.N. Wijetunga v. T.C. Amarasekera
View More |
Hon. P.R. Walgama, J | Ejectment – Licence to occupy premises – Agreement for sale – Advance purchase price – Specific performance – Forfeiture – Liquidated damages – Whether purchaser or seller was in breach – Failure/refusal to complete conveyance – Continuing possession following agreement of sale. | Law of contract and specific performance; contractual principles governing agreements for sale, forfeiture and liquidated damages. | Download |
| 2016-03-28 | CA/PHC/0056/2014 |
B. Nandasulochana Perera Vs. D.D. Upul Shantha de Alwis and one another.
View More |
Hon. Malinie Gunaratne, J. | Writ of Prohibition – Co-operative Society election dispute – Disqualification of member – Loan default exceeding three months – Interpretation of Rule 21(i)(e) of Co-operative Rules 1973 – Whether repayment cures disqualification – Statutory interpretation (literal vs purposive) – Eligibility for committee membership – Judicial review of administrative decision – Exercise of discretionary writ jurisdiction – Affirmation of High Court judgment – Appeal dismissed with costs. | Co-operative Rules 1973, Rule 21(i)(d) and Rule 21(i)(e); Co-operative Societies Law No. 5 of 1972, Section 60(2). | Download |
| 2016-03-28 | CA/0946/1998F |
T.H. Chandra alias Chandrathilaka Vs. K.B. Charles Silva.
View More |
Hon. P.R.Walgama, J. | Relisting of appeal – Dismissal for want of appearance – Non-payment of brief fees – Inherent jurisdiction of court – Restoration of appeal – Failure of notice service – Death of attorney-at-law – Discretionary powers of court – Suppression of material facts – Due diligence – Execution proceedings – Re-listing application allowed. | Court of Appeal Rules, Rule 13(b); Civil Procedure Code (provisions relating to appeals and execution of writs). | Download |
| 2016-03-28 | CA/PHC/0056/2014 |
B. Nandasulochana Perera v. D.D. Upul Shantha de Alwis, Commissioner of Co-operative Development and Registrar of Co-operative Societies & Negombo Multipurpose Co-operative Society Limited
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court writ appeal – Co-operative society election – Committee membership – Borrower previously in default – Arbitral award later satisfied – Disqualification to hold elected office – Interpretation of six-month/default period – Co-operative rules – Writ of Prohibition – High Court dismissal affirmed. | Co-operative Rules of 1973 – Rule 21(i)(d) and Rule 21(i)(e); Registered Co-operative Societies Constitution – Article 22(i)(c); statutory provisions governing co-operative society elections and disqualification. | Download |
| 2016-03-24 | CA/0498/2006 |
Denagama Vitharanage Asoka Indrani and Others Vs. Warnakula Ediriweera Patabendige Podinona and Others.
View More |
Hon. Deepali Wijesundera, J. | Partition action – Final decree and interlocutory decree – Confirmation of final partition plan – Objection to survey plan – Allegation of injustice in allocation – Attempt to vary final decree after confirmation – Rights of parties under alleged post-decree transfer – Requirement to prove fraud, collusion, procedural irregularity or fundamental vice – Refusal to interfere with settled partition decree – Application dismissed with costs. | Partition Act, Section 48. | Download |
| 2016-03-24 | CA/PHC/APN/0027/2016 |
Sicille Priya Cannini Kothalawala Vs. The Attorney General.
View More |
Hon. L.T.B.Dehideniya, J. | Revision Application – Refusal of bail – Accused director of Golden Key Credit Card Company – Financial offences involving large-scale misappropriation – Absconding accused subsequently surrendering/being arrested – Medical condition and advanced age – Applicability of Section 14 of Bail Act No. 30 of 1997 – Grounds for refusal of bail (risk of absconding and public disquiet) – Exceptional circumstances for revisionary jurisdiction – Availability of alternative remedy – Presumption of innocence – Bail as the rule under Bail Act – Setting aside of High Court order and grant of bail with conditions. | Bail Act No. 30 of 1997, Section 14; Criminal Procedure Code, Section 402; Constitution of Sri Lanka, Article 13(5). | Download |
| 2016-03-24 | CA/WRT/0830/2008 |
Lt. Col. R. D. Gamini Ranwala Vs. Lt. Gen. Sarath Fonseka and Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Army Court of Inquiry – Military disciplinary proceedings – Writ of Certiorari against service discharge – Withdrawal of commission – Alleged bias of Court of Inquiry – Preliminary fact-finding inquiry vs disciplinary tribunal – Court Martial and Summary Trial under Army Act – Ultra vires disciplinary recommendation – President’s pleasure doctrine – Volunteer Force resignation power – Judicial review of military decisions – Maintainability of writ against internal military process – Partial quashing of administrative decision – Promotion entitlement not enforceable – Discretionary writ jurisdiction. | Army Act No. 17 of 1949, Sections 10, 40, 42, 45, 133; Army Courts of Inquiry Regulations, 1952 (Regulations 2 and 162). | Download |
| 2016-03-24 | CA/0955/2000F |
Sankapala Arachchilage Siriwardena Vs. Don Kithsiri Ranjith Athukorale.
View More |
Hon. A.H.M.D. Nawaz, J. | Revision application – Inherent powers of court – Section 839 CPC – Abuse of process of court – Execution proceedings – Ejectment – Judgment debtor – Fresh inquiry refused – Re-litigation of decided matters – Exhaustion of remedies – Dismissal of appeal. | Civil Procedure Code, Sections 325 and 839. | Download |
| 2016-03-24 | CA/0169/2011 |
Hewa Giganage Upali Navaratne Vs. Thalatha Mervyn Weihena and one Other.
View More |
Hon. Malinie Gunaratne, J. | Possession dispute – Restoration of possession – Forcible dispossession – Police information – Inquiry into possession – Possessory rights – Affidavit evidence – Revision application – Appeal dismissed – Possession as at relevant date. | Primary Courts Procedure Act, No. 44 of 1979, Section 66. | Download |
| 2016-03-24 | CA/0388/0006 |
DhammikaRajinda Seneviratne and Others Vs. Arambewattege Indrawathie Rodrigo Munasinghe and Others.
View More |
Hon. Deepali Wijesundera, J. | Revision application – Partition action – Interlocutory decree – Final decree – Delay in filing application – Substitution of deceased party – Failure to intervene – Ancestral property – Exceptional circumstances – Revisionary jurisdiction – Laches – Prejudice to rights. | Partition Act, Section 19(2); Partition Act, Section 48. | Download |
| 2016-03-24 | CA/0189/2000 |
Adikari Mudiyanselage Herath Banda Vs. Ekanayake Mudiyanselage Ukku Banda.
View More |
Hon. A.H.M.D.Nawaz, J. | Rei vindicatio action – Declaration of title – Ejectment – Crown Grant – Transfer deeds – Legal title – Possession – Prescriptive title – Burden of proof – Adverse possession – Failure to prove prescription – Plaintiff’s title established – Appeal dismissed. | Prescription Ordinance; Civil Procedure Code. | Download |
| 2016-03-24 | CA/0764/1999F |
T. Konesamany Vs. A.A.Jeyaratnam
View More |
Hon. Gaffoor, J. | Declaration of title – Ejectment – Leasehold rights – Licensee and lessee estoppel – Deed of gift – Prescriptive title – Adverse possession – Burden of proof – Uninterrupted and undisturbed possession – Hostile possession – Denial of true owner’s title – Prescription Ordinance – Recovery of possession – Failure to establish prescription – Appeal dismissed. | Prescription Ordinance No. 22 of 1871, Section 3; Civil Procedure Code, Section 472; Evidence Ordinance, Section 116. | Download |
| 2016-03-24 | CA/104-107/2014 |
U. Sajith Vs. The Attorney General.
View More |
Hon. W.M.M.Malinie Goonerathne,J. | Robbery – Aggravated robbery – Dishonestly receiving stolen property – Retention of stolen property – Identification evidence – Dock identification – Identification parade – Possession of stolen property – Presumption from recent possession – Firearm – Failure to prove firearm charge – Government Analyst\'s report – Substituted conviction – Appeal dismissed subject to variation. | Penal Code, Sections 380, 383 and 394; Evidence Ordinance, Section 114(a). | Download |
| 2016-03-24 | CA/0104-0107/2014 |
U. Sajith & other accused-appellants v. Hon. Attorney General
View More |
Hon. W.M.M. Malinie Goonerathne, J | Robbery/aggravated robbery – Firearm allegation – No Government Analyst evidence proving recovered object was a firearm – Identification evidence – No identification parade – Dock identification seven years later – Recent possession of stolen three-wheeler – Presumption from possession – Convictions under robbery provisions set aside – Conviction substituted for dishonestly receiving/retaining stolen property – Three years rigorous imprisonment – Appeal dismissed subject to variation. | Penal Code – sections 380, 383 and 394; Evidence Ordinance – section 114(a); Firearms Ordinance; Code of Criminal Procedure Act appellate provisions. | Download |
| 2016-03-24 | CA/0169/2011 |
Hewa Giganage Upali Navaratne v. Thalatha Mervyn Weihena & Officer in Charge, Police Station, Hikkaduwa
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court land dispute – Section 66 information – Possession – Forcible dispossession within two months – Gate erected denying access – Distinction between ownership and possession – Primary Court restoring possession – High Court affirming order – Court of Appeal refusing to disturb concurrent findings – Appeal dismissed. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66 and provisions governing possession and restoration following forcible dispossession; revisionary jurisdiction of Provincial High Court. | Download |
| 2016-03-24 | CA/0388/2006 |
Dhammika Rajinda Seneviratne & Others v. Arambewattege Indrawathie Rodrigo Munasinghe & Others
View More |
Hon. Deepali Wijesundera, J | Partition action – Revision of judgment, interlocutory decree and final decree – Heirs of deceased defendant – Alleged failure to substitute all heirs – Corpus and pedigree – Delay in challenging partition judgment – Awareness of proceedings – Failure to intervene until final partition – Exceptional circumstances – Revision refused. | Partition Act/Law – section 48; principles governing revisionary jurisdiction, finality of partition decrees and exceptional circumstances. | Download |
| 2016-03-24 | CA/0189/2000(F) |
Adikari Mudiyanselage Herath Banda v. Ekanayake Mudiyanselage Ukku Banda
View More |
Hon. A.H.M.D. Nawaz, J | Rei vindicatio – Declaration of title – Ejectment – Crown grant – Plaintiff tracing paper title – Defendant claiming possession since 1973 and prescriptive title – Burden on plaintiff to establish title – Defendant failing to prove adverse possession/prescription – Appeal from District Court judgment for plaintiff. | Prescription Ordinance principles; Roman-Dutch law governing rei vindicatio and proof of title. | Download |
| 2016-03-24 | CA/0764/1999(F) |
Mrs. T. Konesamany v. A.A. Jeyaratnam, Managing Trustee, Villoondy Kovil
View More |
Hon. M.M.A. Gaffoor, J | Declaration of title and ejectment – Temple/trust property – Leasehold possession – Defendant claiming prescriptive title through husband – Purported prescriptive deed/gift – Plaintiff seeking declaration deed null and void – Possession with permission inconsistent with adverse prescription – Improvements – Vesting of property. | Prescription Ordinance – section 3; Civil Procedure Code – section 472; law governing title, leasehold possession and prescription. | Download |
| 2016-03-24 | CA/0955/2000(F) |
Sankapala Arachchilage Siriwardena v. Don Kithsiri Ranjith Athukorale, substituted for Jayasundera Mudiyansele Ariyadasa
View More |
Hon. A.H.M.D. Nawaz, J | Civil appeal/revision – Rent and ejectment – Consent judgment – Defendant defaulting on agreed payment – Execution of decree – Repeated applications resisting execution – Request for fresh inquiry – Finality of consent judgment – Exhaustion of remedies – Attempt to reopen long-concluded proceedings. | Civil Procedure Code – sections 755(3) and 839; provisions governing execution of decrees, consent judgments and appellate procedure. | Download |
| 2016-03-24 | CA/LA/0498/2006 |
Denagama Vitharanage Danny De Silva, deceased, through substituted 5A Defendant-Petitioners v. Warnakula Ediriweera Patabendige Podinona & Others
View More |
Hon. Deepali Wijesundera, J | Leave to appeal – Partition action – Final partition scheme – Road frontage – Ancestral house – Purchase of another defendant’s rights pending proceedings – Interlocutory and final decrees – Writ of possession already issued – Finality of partition decrees – Alleged miscarriage of justice – No basis to disturb final scheme. | Civil Procedure Code – section 754(2); Partition Law – section 48; principles governing finality of interlocutory/final partition decrees. | Download |
| 2016-03-24 | CA/PHC/APN/0027/2016 |
Sicille Priya Carmini Kothalawala v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision – Bail – Golden Key Credit Card Company – Non-executive director – Elderly accused – Serious medical condition – Alleged absconding – High Court refusal of bail – Exceptional circumstances – Alternative remedy of appeal – Risk of absconding – Public disquiet – Medical evidence – Discretionary revisionary jurisdiction. | Bail Act No. 30 of 1997 – sections 2, 4, 5 and 14; Constitution – section/article 139 as discussed; Code of Criminal Procedure Act – sections 402 and 403 as referred to in the judgment. | Download |
| 2016-03-23 | CA/PHC/0028/2006 |
Jayawardane Senaviratne Vs. Vidana Mahadurage Premawathie.
View More |
Hon. P.R.Walgama, J. | Breach of peace – Land dispute – Possessory action – Forcible dispossession – Right to possession – Cancellation of housing authority rights – Findings of Magistrate on possession – Confirmation by High Court – No basis to interfere – Appeal dismissed – Concurrent findings of fact. | Primary Courts Procedure Act No. 44 of 1979, Section 66(1)(b). | Download |
| 2016-03-23 | CA/0841/2000F |
M.R.Mulin Nona and I. Chandani Perera Vs. E. Gunaseeli Athulathmudali and Others.
View More |
Hon. H.C.J.Madawala, J. | Specific performance – Agreement to sell immovable property – Sale agreement – Breach of contract – Readiness and willingness to perform – Extension of time – Failure to execute deed of transfer – Housing property dispute – Liquidated damages – Purchaser’s rights – Vendor’s default – Appeal dismissed. | Civil Procedure Code (Specific Performance of Contracts) Contract Law Principles relating to Sale of Immovable Property and Specific Performance. | Download |
| 2016-03-23 | CA/0841/2000(F) |
E. Gunaseeli Athulathmudali v. Illangage Gunadasa Perera & substituted parties
View More |
Hon. H.C.J. Madawala, J | Civil appeal – Declaration of title and ejectment – Ex parte judgment – Application to purge default – Subsequent settlement between parties – Consent judgment – Obligations to surrender possession and transfer defined portion of land – Later application concerning implementation/enforcement of settlement – Binding nature of consent settlement. | Civil Procedure Code – provisions governing ex parte judgments, setting aside default judgments, settlement and consent decrees. | Download |
| 2016-03-23 | CA/PHC/0028/2006 |
Jayawardane Senaviratne v. Vidana Mahadurage Premawathie
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – House – Alleged forcible entry – Breach of peace – Possession – National Housing Authority allocation – Assessment records – Magistrate placing respondent in possession – High Court revision – Appeal from concurrent findings – Parties absent at hearing – Judgment of Court. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 11; Constitution – Article 138. | Download |
| 2016-03-18 | CA/0257/2005 |
Bank of Ceylon Head Office Vs. Warnakulasuriya Ponnakuttige
Alex Milroy Fernando.
View More |
Hon. Deepali Wijesundera, J. | Interim Injunction – Mortgagee bank sale – Addition of parties – Jurisdictional objection – Statutory bar on challenging Board resolution – Retrospective application of amended law – Applicability of interim injunction principles – Setting aside of District Court order – Leave to appeal allowed. | Civil Procedure Code, Sections 14 and 18; Bank of Ceylon Ordinance, Section 19 as amended by Act No. 10 of 1974 and Act No. 54 of 2000; Interpretation Ordinance, Section 22; Act No. 4 of 1990 as amended by Act No. 1 of 2011 and Act No. 19 of 2011. | Download |
| 2016-03-18 | CA/0467/2004 |
Ranjith Abeygunasena Basnayake Vs. Gunapala Jayasekera.
View More |
Hon. Gaffoor, J. | Interim injunction – Possession of land – Plaintiff seeking to restrain Defendants – Enjoining order – Prima facie possession test – Title not considered at interlocutory stage – Improper attempt to use injunction to dispossess party in possession – Refusal of interim injunction – Leave to appeal refused. | Civil Procedure Code; Primary Courts Procedure Act No. 44 of 1979, Section 68; Administration of Justice Law No. 44 of 1973, Section 63. | Download |
| 2016-03-18 | CA/0252/2009 |
Rathnayake Mudiyanselage Jayantha Rathnayake Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda PC J (P/CA) | Murder – Circumstantial evidence – Death caused inside vehicle – Medical and forensic evidence – Expert testimony – Conduct of accused – Exclusion of accident theory – Trial before Judge without jury – Evaluation of circumstantial evidence – Irresistible inference of guilt – Conviction affirmed – Appeal | Penal Code, Section 296. | Download |
| 2016-03-18 | CA/LA/0257/2005 |
Bank of Ceylon v. Warnakulasuriya Ponnakuttige Alex Milroy Fernando
View More |
Hon. Deepali Wijesundera, J | Leave to appeal – Interim injunction – Parate execution – Bank resolution to auction mortgaged property – Addition of parties – Injunction against persons not properly added as defendants – District Court jurisdiction – Statutory restriction on injunction against bank recovery proceedings – Subsequent amendments to banking-recovery legislation – Sequential tests for interim injunction. | Civil Procedure Code – sections 14 and 18; Bank of Ceylon Ordinance – section 19, as amended by Acts Nos. 10 of 1974 and 54 of 2000; Interpretation Ordinance – section 22; Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990 and subsequent amendments. | Download |
| 2016-03-18 | CA/LA/0467/2004 |
Ranjith Abeygunasena Basnayake v. Gunapala Jayasekera & 4 Others
View More |
Hon. M.M.A. Gaffoor, J | Leave to appeal – Interim injunction – Declaration of title – Land possession – Plaintiff alleging defendants interfered with sugar-cane cultivation – Earlier Primary Court dispute – District Court finding defendants had longstanding possession – Plaintiff failing to establish possession – Requirements for interim injunctive relief – Leave to appeal refused. | Primary Courts’ Procedure Act No. 44 of 1979 – section 68, corresponding earlier provision in section 63 of the Administration of Justice Law No. 44 of 1973; civil law principles governing interim injunctions. | Download |
| 2016-03-17 | CA/PHC/0021/2015 |
Liyanagamage Lahiru Kithsiri Kumara Vs. The Attorney General.
View More |
Hon. Malinie Gunaratne, J. | Revision Application – Sentencing in absentia – Plea of guilt – Possession and trafficking of Cannabis Sativa – Poisons, Opium and Dangerous Drugs Ordinance (as amended by Act No. 13 of 1984) – Inordinate delay – Failure to explain delay – Availability of statutory right of appeal – Failure to exhaust alternative remedy – Absence of exceptional circumstances – Non-compliance with Court of Appeal Rules – Disparity in sentencing – Revisionary jurisdiction – Dismissal in limine. | Poisons, Opium and Dangerous Drugs Ordinance (as amended by Act No. 13 of 1984); Court of Appeal (Appellate Procedure) Rules of 1990. | Download |
| 2016-03-17 | CA/PHC/0021/2015 |
Liyanagamage Lahiru Kithsiri Kumara v. Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Revision of sentence – Cannabis Sativa – Possession and trafficking – Guilty plea – Sentence passed in absentia – Two consecutive two-year terms – Co-accused receiving only fines – Disparity of sentence – Delay of approximately fifteen months – Failure to use statutory appeal – Exceptional circumstances – Court of Appeal procedural rules – Sentencing revision. | Poisons, Opium and Dangerous Drugs Ordinance – sections 54A(b) and 54A(d), as amended by Act No. 13 of 1984; Code of Criminal Procedure Act No. 15 of 1979 – section 241; Court of Appeal (Appellate Procedure) Rules – Rule 3(1)(a) and (b). | Download |
| 2016-03-15 | CA/WRT/0359/2013 |
Waduge Jayasiri Vs. Divisional Secretary of Negenahira Nuwaragam Palatha and Others.
View More |
Hon. Padman Surasena, J. | Land Development Ordinance – Permit succession dispute – Competing claims between brothers – Alteration of Land Register entries – Alleged fraudulent endorsement of successor – Disputed nomination of successor to permit holder – Pending District Court action on title and succession – Availability of alternative remedy – Writ jurisdiction discretionary and refused where factual dispute exists – Certiorari and Mandamus declined – Petition dismissed without costs. | Land Development Ordinance No. 19 of 1935, Section 19(2). | Download |
| 2016-03-15 | CA/WRT/0359/2013 |
Waduge Jayasiri v. Divisional Secretary, Negenahira Nuwaragam Palatha & Others, including Waduge Ajith Amarananda
View More |
Hon. P. Padman Surasena, J | Certiorari and Mandamus – Land Development Ordinance permit – Succession – Original permit not naming a successor – Subsequent copies containing brother’s name as successor – Alleged fraudulent alteration – Land ledger – Later nomination of successor – Registration – Rights under State-land permit – Administrative determination of succession. | Constitution – Article 140; Land Development Ordinance – section 19(2) and statutory provisions governing nomination, registration and succession to permits. | Download |
| 2016-03-11 | CA/PHC/0043/2006 |
W. Somapala Vs. G.D. Perera & 3 Others.
View More |
Hon. Gaffoor, J. | Primary Court Procedure – Land dispute – Police inquiry under breach of peace – Section 66(1)(a) Primary Courts Procedure Act – Magistrate’s order restoring possession – Clerical/typographical error – Rectification of judicial order – Actus curiae neminem gravabit – Inherent power of court to correct errors – Revision application – High Court interference with rectification – Restoration of corrected order – Appeal allowed. | Primary Courts Procedure Act No. 44 of 1979, Section 66(1)(a) and Section 68(3). | Download |
| 2016-03-11 | CA/WRT/0330/2013 |
Ranasinghe Arachchige Piyadasa alias Ranasinghe Arachchige Gunasoma Piyadasa and 2 Others Vs. The Minister of Land and Land
Development and Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Writ of Certiorari – Judicial review – Land acquisition – Public purpose requirement – Challenge to acquisition of private land – Intervention in writ proceedings – Intervenient petitioners – Relisting application – Court of Appeal procedure – Absence of specific procedural rules for intervention – Bona fides of interveners – Sufficient interest in subject matter – Necessary party requirement – Procedural default – Non-appearance of counsel – Delay in prosecuting application – Judicial discretion in relisting matters – Interest of justice – Conduct of parties in litigation – Affidavit evidence and counsel diaries – Dismissal and restoration of application. | Court of Appeal (Appellate Procedure Rules) 1990 – Principles governing writ jurisdiction and intervention (judge-made law) – Inherent jurisdiction of Court of Appeal in writ matters – Absence of express statutory framework for intervention and relisting applications. | Download |
| 2016-03-11 | CA/0054/2007 |
Ponnambalam Sathees Vs. The Attorney General.
View More |
Hon. Vijith K. Malalgoda PC, J. | Murder – Robbery – Circumstantial evidence – Trial before Judge without jury – Inadmissible confession – Police statements – Recovery of body – Section 27 statement – Hearsay evidence – Misdirection and non-direction – Miscarriage of justice – Retrial ordered – Conviction set aside. | Penal Code, Sections 296 and 380; Evidence Ordinance, Sections 25, 26 and 27(1); Code of Criminal Procedure Act No. 15 of 1979, Section 335(2)(a). | Download |
| 2016-03-11 | CA/0346/1997 |
Kariyawasam Indipalage Nandisena Vs. Wagoda Pathirage Siripala.
View More |
Hon. Deepali Wijesundera, J. | Declaration of title – Trust – Transfer deed – Loan transaction – Reconveyance of property – Unjust enrichment – Laesio enormis – Misjoinder of causes of action – Possession not transferred – Inadequate consideration – Evidence admissibility – Prevention of Frauds – Appeal dismissed. | Evidence Ordinance, Sections 91 and 92; Prevention of Frauds Ordinance, Section 2. | Download |
| 2016-03-11 | CA/0346/1997(F) |
Wagoda Pathirage Siripala v. Kariyawasam Indipalage Nandisena
View More |
Hon. Deepali Wijesundera, J | Declaration of title – Constructive/resulting trust – Land transferred to obtain loan – Alleged promise to retransfer – Outright transfer versus trust – Laesio enormis – Unjust enrichment – Whether inconsistent causes may coexist – Parol evidence – Non-notarial agreement – Character of deed. | Evidence Ordinance – sections 91 and 92; Prevention of Frauds Ordinance – section 2; law of trusts; Roman-Dutch law principles of laesio enormis and unjust enrichment. | Download |
| 2016-03-11 | CA/PHC/0043/2006 |
W. Somapala v. G.D. Perera & Others, together with parties and intervenient parties to the original Primary Court proceedings
View More |
Hon. M.M.A. Gaffoor, J | Primary Court land proceedings – Rectification of Magistrate’s original order – Whether subsequent alterations to order were lawful – Possession – Breach of peace – High Court setting aside rectifications and restoring original order – Scope of Magistrate’s powers after final determination – Appellate review. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(a) and 68(3); Evidence Ordinance – section 114; principles concerning rectification of judicial orders. | Download |
| 2016-03-11 | CA/PHC/APN/0074/2014 |
Thisantha Mahendra Vittachchi v. Kathaluwa Weligamage Amararathne & Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Revision – Aggrieved victim/son of deceased – Culpable homicide not amounting to murder – Accused originally indicted for murder – Plea to lesser offence – Two-year sentence suspended for fifteen years – Inadequacy of sentence – Serious aggravating circumstances – Victim also suffered grievous injury but accused not indicted for it – Sentencing principles – Suspended sentence held too lenient – Six years rigorous imprisonment imposed – Revision partly allowed. | Constitution – Article 138(1); Penal Code – sections 296 and 297; Code of Criminal Procedure Act No. 15 of 1979 – section 303, including section 303(1)(a)–(i). | Download |
| 2016-03-09 | CA/PHC/0112/2005 |
Damme Arachchige Gamini Vs. Damme Arachchige Saman
Karunaratne and another.
View More |
Hon. P.R.Walgama, J. | Primary Court Procedure – Land dispute – Breach of peace – Forcible entry and dispossession – Section 66(1)(a) Primary Courts Procedure Act – Mining activity on disputed land – Determination of actual possession – Affidavit evidence and title documents – Police information report – Magistrate’s possessory order – Revision to High Court – Concurrent findings of Magistrate and High Court – Non-interference with factual findings – Appeal dismissed with costs. | Primary Courts Procedure Act No. 44 of 1979, Section 66(1)(a). | Download |
| 2016-03-09 | CA/PHC/0112/2005 |
Damme Arachchige Gamini v. Damme Arachchige Saman Karunaratne & Officer-in-Charge, Minor Complaints, Police Station, Ratnapura
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Brothers – Gem-mining activities – Breach of peace – Competing possession – Deed relied upon by first-party respondent – Appellant claiming 17 years’ possession – Magistrate and High Court placing respondent in possession – Scope of section 66 proceedings – No basis for appellate interference. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Constitution – Article 154P(6). | Download |
| 2016-03-08 | CA/WRT/0456/2008 |
Athula Paranayapa Service (Pvt) Ltd Vs. Anuradhapura Municipal Council and Others.
View More |
Hon. Deepali Wijesundera, J. | Writ of Certiorari – Challenge to municipal fee revision – Advertising hoardings – Substantial increase in charges – Allegation of arbitrariness, unreasonableness and ultra vires – Wednesbury unreasonableness test – Municipal by-laws and validity of adoption procedure – Standard by-laws under Local Authorities framework – Gazette publication and legal effect – Delegated legislation – Delay in gazetting – Judicial deference to administrative discretion – Comparative municipal rates – Public interest in urban administration and maintenance of sacred city – Discretionary writ jurisdiction – Refusal of relief with costs. | Municipal Council Ordinance – Sections 267, 268, 272(6)(d); Local Authorities (Standard By-laws) Act No. 6 of 1952. | Download |
| 2016-03-08 | CA/0847/1997F |
Henake Ralalage Jayasinghe Vs. Henake Ralalage Gunasekara .
View More |
Hon. Deepali Wijesundera, J. | Declaration of title – Ejectment – Land grant – Nominee under Land Development Ordinance – Succession to state land – Prescriptive title – Inheritance claim – Prescription barred against granted land – Joinder of causes of action – Identification of land – Failure to object at trial – Appeal dismissed. | Land Development Ordinance, Sections 49, 68(2), and 161; Civil Procedure Code, Sections 36(1) and 37 ;Prescription Ordinance, Section 3. | Download |
| 2016-03-08 | CA/0035/2003 |
Ramasami Mangalanayagi and Raju Muthuveeran Vs. Ramasami Ramakrishnan and Others.
View More |
Hon. Malinie Gunaratne, J. | Primary Court inquiry – Possession dispute – Revision application – Death of party pending proceedings – Substitution of legal representatives – Nullity of judgment – Validity of proceedings – Appeal – Setting aside judgment – Remittal to High Court – Possessory action. | Primary Courts Procedure Act, No. 44 of 1979, Section 66; Civil Procedure provisions relating to substitution of parties upon death during pending proceedings. | Download |
| 2016-03-08 | CA/0035/2003 |
Ramasami Mangalanayagi & Raju Muthuveeran v. Ramasami Ramakrishnan & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court land dispute – Section 66 proceedings – Possession – Revision before High Court – Death of party pending revision – No substitution before judgment – Judgment delivered after death of respondent – Judgment rendered a nullity – Proceedings after death set aside – Matter remitted to High Court for lawful substitution and further proceedings. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Civil Procedure Code provisions governing death and substitution of parties. | Download |
| 2016-03-08 | CA/0847/1997(F) |
Henake Ralalage Jayasinghe v. Henake Ralalage Gunasekara & Others
View More |
Hon. Deepali Wijesundera, J | Declaration of title and ejectment – State grant – Land Development Ordinance – Nomination and succession – Claim by prescription – Whether two causes of action could be united – Failure to object to joinder at trial – Possession after death of grant holder – Prescriptive title unavailable against land alienated on State grant. | Civil Procedure Code – sections 36(1), 37 and 772(1)–(2); Land Development Ordinance – sections 49, 68(2) and 161; Prescription Ordinance – section 3. | Download |
| 2016-03-08 | CA/WRT/0456/2008 |
Athula Paranayapa Service (Pvt) Ltd. v. Anuradhapura Municipal Council, Dr. H.L.K. Caldera, Mayor, Anuradhapura Municipal Council & I.M. Senanayake, Municipal Commissioner, Anuradhapura Municipal Council
View More |
Hon. Deepali Wijesundera, J | Writ of Certiorari – Municipal Council – Advertising hoardings – Increase of advertising charges from Rs.50 to Rs.200 per square foot – Alleged arbitrariness, unreasonableness and ultra vires action – Municipal by-laws – Adoption of standard by-laws – Gazette publication – Whether Ministerial/Parliamentary approval separately required – Wednesbury unreasonableness – Reasonableness of increased municipal charges – Sacred city maintenance – Application refused with Rs.100,000 costs. M.M.A. Gaffoor J. agreed. | Constitution – Article 140; Municipal Councils Ordinance – sections 267, 268 and 272(6)(d); Local Authorities (Standard By-Laws) Act No. 6 of 1952 – section 2; Gazette No. 541/17 dated 20.01.1989; Gazette No. 1477 dated 22.12.2006. | Download |
| 2016-03-04 | CA/WRT/0366/2008 |
Ceylon Heavy Industries and Construction Company Limited Vs. The Hon. Athauda Seneviratne and Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Writ of Certiorari – Interim order extension refused – Primary dealer regulation – Central Bank of Sri Lanka supervisory powers – Government securities market stability – Repurchase and reverse repurchase agreements – Alleged breach of financial obligations – Balance of convenience – Irreparable harm test – Public interest in financial system stability – Pending Commercial High Court proceedings – Alternative remedy available in civil court – Writ jurisdiction discretionary – Stay order vacated. | Monetary Law Act – Local Treasury Bills Ordinance – Registered Stocks and Securities Ordinance – Court of Appeal (Appellate Procedure Rules) 1990, Rule 2(6). | Download |
| 2016-03-03 | CA/PHC/0218/2005 |
P.M. Mahindapala Vs. The Municipal Council of Anuradhapura and 2 Others.
View More |
Hon. Malinie Gunaratne, J. | Writ of Certiorari – Judicial review – Urban Development Authority notice – Allegation of excess and abuse of power – Unauthorized building within town limits – Section 40 and relevant provisions of Urban Development Authority Act – Exercise of statutory power by public authority – Requirement of illegality or procedural irregularity for writ relief – Discretionary nature of writ jurisdiction – Absence of ultra vires or procedural unfairness – No violation of legal rights established – High Court dismissal of writ application – Appeal against refusal of certiorari – Appellate court upholding High Court judgment – No basis for interference – Appeal dismissed with costs. | Urban Development Authority Act No. 41 of 1978 (as amended by Act No. 44 of 1984). | Download |
| 2016-03-03 | CA/0537/1995 |
Arumahandi Dayaman Vs. Nallahandi Ratnasiri and Others.
View More |
Hon. Vijith K. Malalgoda, P.C., J (P/CA) | Abatement of appeal – Failure to prosecute – Inaction of parties – Interpretation of court order – Dismissal of appeal – Proposed substituted party – Return of record to District Court – Delay in taking steps – Procedural default – Appeal deemed dismissed. | Civil Procedure Code, Section 402. | Download |
| 2016-03-03 | CA/0537/1995 |
Arumahandi Dayaman / Arumahandi Sanjeewa Pushpakumara v. Nallahandi Ratnasiri & Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | District Court final appeal – Partition proceedings – Earlier order of abatement – Failure to prosecute appeal – Proposed substituted plaintiff seeking interpretation of abatement order – Long inaction by appellants – Record already returned to District Court – Effect and finality of abatement. | Civil Procedure Code – section 402; procedural law governing abatement and failure to prosecute an appeal. | Download |
| 2016-03-03 | CA/PHC/0218/2005 |
P.M. Mahindapala v. Municipal Council, Anuradhapura; Mayor, Municipal Council, Anuradhapura & H.L.K. Caldera
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court writ appeal – Unauthorized building – Municipal notice – Demolition – Certiorari – Abuse/excess of statutory power alleged – Discretionary nature of prerogative writs – Applicant absent and unrepresented – No basis to interfere with High Court dismissal – Appeal dismissed. | Constitution – Article 140; Urban Development Authority Act No. 41 of 1978, as amended by Act No. 44 of 1984; High Court of the Provinces (Special Provisions) Act – section 7 as referred to in caption. | Download |
| 2016-03-03 | CA/PHC/APN/0077/2015 |
Abdul Hafeel Ahamed Abbas v. Brown and Company PLC; Qamardeen Ahamed Abbas & Mohamed Ibrahim Jawad, Intervenient Parties
View More |
Hon. P.R. Walgama, J | Revision – Primary Court land dispute – Alleged forcible dispossession and demolition of building – Thirty years\' possession claimed – High Court revision – Eight-month delay – Laches – Exceptional circumstances – Positive miscarriage of justice – Existing financial settlement between parties – High Court order not shown to be erroneous – Application dismissed with Rs.10,000 costs. | Constitution – Article 138; Primary Courts’ Procedure Act No. 44 of 1979 – sections 66(1)(b) and 72; principles governing revision, laches and exceptional circumstances. | Download |
| 2016-03-01 | CA/0126/2012 |
Cader Pitthei Mohomadu Vs. The Attorney General
View More |
Hon. H.N.J. Perera,J. | Amended indictment – Failure to read and explain charges – Non-compliance with mandatory procedure – Arraignment of accused – Section 167 of the Criminal Procedure Code – Fair trial – Procedural irregularity – Conviction set aside – Retrial ordered – Appeal allowed. | Code of Criminal Procedure Act, Section 167. | Download |
| 2016-03-01 | CA/0126/2012 |
Cader Pitthei Mohomadu v. Hon. Attorney General
View More |
Hon. H.N.J. Perera, J | Criminal appeal – Amended indictment – New indictment not read and explained to accused – Failure to arraign accused on amended charges – Mandatory criminal procedure – Trial proceeding without compliance – Conviction and sentence set aside – Re-trial ordered – Appeal allowed. | Code of Criminal Procedure Act No. 15 of 1979 – section 167; section 331 appellate jurisdiction. | Download |
| 2016-03-01 | CA/PHC/APN/0037/2014 |
Savarimuttu Loganathan, through his mother Savarimuttu Tavamani v. Hon. Attorney General
View More |
Hon. L.T.B. Dehideniya, J | Revision of sentence – Dehiwala train bomb explosion – 1708-count indictment – Guilty plea – Sentencing disparity – Revision filed by mother on behalf of convicted son – No authority from accused – Affidavit containing hearsay – Locus standi – Availability of appeal – Exceptional circumstances – Parent cannot maintain revision for convicted adult accused – Application dismissed. | Constitution – Article 138; Code of Criminal Procedure Act No. 15 of 1979 – section 331; principles governing revision, locus standi and affidavits. | Download |
| 2016-02-29 | CA/PHC/0263/2006 |
Senkadagala Finance Company
Ltd. Vs. Eashwarage Thilakarathna and 3 Others.
View More |
Hon. Malinie Gunaratne, J. | Criminal Procedure Code – Section 431 inquiry – Custody and release of property produced in court – Motor vehicle subject to alleged criminal offence – Hire purchase agreement – Absolute owner under finance agreement – Forged documents and fraudulent transfer of vehicle – Bona fide purchaser for value – Possession at time of police seizure – Competing claims to possession – Judicial discretion of Magistrate – Release of seized property – Revision application – Suppression of material facts – Duty of full and frank disclosure (uberrima fides) – Registered ownership dispute – Deletion of absolute ownership in registration records – Criminal proceedings versus civil title disputes – Property seized by police – Appeal against High Court affirmation of Magistrate’s order – Good faith purchaser – Dismissal of appeal. | Code of Criminal Procedure Act No. 15 of 1979 – Section 29; Section 431(1); Section 431(2); Section 433A(1) (as amended by Act No. 12 of 1990); Motor Traffic Act (Chapter 203). | Download |
| 2016-02-29 | CA/0065/1998(F) |
Sandradura Indrajath and One another Vs. Karunamuni Samson De Silva and Others.
View More |
Hon. P.R.Walgama, J. | Partition action – Appeal in partition proceedings – Abatement of appeal – Relisting of appeal – Application to revive appeal – Death of plaintiff during pendency of appeal – Invalidity of appellate judgment delivered after death of party – Substitution of deceased party – Failure to substitute legal representatives – Non-compliance with court directions – Absence and non-appearance of appellants – Dismissal for default – Notice to parties – Procedural requirements in appellate proceedings – Corpus of partition action – Claim to excluded land – Prescriptive title – Separate title deed – Preliminary plan – Lot excluded from corpus – Ownership dispute – Delay in prosecution of appeal – Failure to take necessary procedural steps | Partition Law No. 21 of 1977 (as amended) – Civil Procedure Code (provisions relating to abatement, substitution of parties, and appellate procedure). | Download |
| 2016-02-29 | CA/0065/1998(F) |
CA/0065/1998(F) Sandaradura Indrajath & Umange Herbert Seneviratne v. Karunamuni Samson De Silva & Others
View More |
Hon. P.R. Walgama, J | Partition appeal – Application to relist abated appeal – Appellants absent when appeal abated – Competing pedigrees – Lots allegedly outside corpus – Prescriptive title – Whether sufficient cause shown for restoration – Appellate procedural requirements – Reinstatement of appeal. The document expressly labels the decision. | Partition law and prescription principles; procedural principles governing abatement and re-listing of appeals. | Download |
| 2016-02-29 | CA/PHC/0040/2003 |
Ceylon Agro Industries Limited v. Employees Trust Fund
View More |
Hon. P.R. Walgama, J | Employees’ Trust Fund – Foreign employees – Salary and benefits paid partly in Sri Lanka and partly overseas – Employer-employee relationship – Recovery certificate – ETF and EPF liability – Statutory conclusiveness of certificate – Whether workers were employees of appellant – Appeal dismissed with costs. The document contains. | Employees’ Trust Fund Act No. 46 of 1980 – sections 28(3) and 28(4); applicable EPF/ETF provisions. | Download |
| 2016-02-29 | CA/PHC/0263/2006 |
Senkadagala Finance Company Ltd. v. Eashwarage Thilakarathna & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Motor vehicle – Hire purchase – Default in rentals – Vehicle allegedly sold using forged documents – Competing claims of finance company and purchaser – Magistrate releasing vehicle to purchaser – Revision by finance company – Disposal of property produced before criminal court – Possession versus title – Provincial High Court judgment – Appeal. | Code of Criminal Procedure Act No. 15 of 1979 – section 431(1) and (2); Constitution – Articles 138 and 154P(6). | Download |
| 2016-02-28 | CA/WRT/0649/2008 |
Don Aruna Nimalka Karunanayake Vs. C. Ranasinghe and Others.
View More |
Hon. L.U. Jayasuriya, J. | Writ of certiorari – Writ of mandamus – Vesting order – Divesting order – Land Acquisition – Public purpose (flood control project) – Compensation paid – Suppression of material facts – Judicial review of discretionary power – Suitability of land – Laches. | Land Acquisition Act No. 9 of 1950 (as amended), Section 39A. | Download |
| 2016-02-28 | CA/WRT/0276/2012 |
Ranasinghe Arachchige Wajira Vs. Debt Conciliation Board and others
View More |
Hon. L.U. Jayasuriya, J. | Certiorari | Debt Recovery Act No.29 of 1999 | Download |
| 2016-02-28 | CA/WRT/0649/2008 |
Don Aruna Nimalka Karunanayake v. C. Ranasinghe, Acquiring Officer, Greater Colombo Flood Control Project & Others
View More |
Hon. L.U. Jayasuriya, J | Certiorari and Mandamus – Land acquisition – Greater Colombo Flood Control Project – Vesting order – Application for divesting acquired land – Land allegedly still suitable/used for water retention – Other lots previously divested – Compensation awarded to petitioner – Suppression of compensation award – Statutory preconditions for divesting – Minister’s discretion under section 39A – Mandamus unavailable to compel exercise of discretionary statutory power – Application dismissed with Rs.50,000 costs. Deepali Wijesundera J. agreed. | Constitution – Article 140; Land Acquisition Act No. 9 of 1950 – sections 38, 39A(1), 39A(2) and 40. | Download |
| 2016-02-28 | CA/APN/0105/2014 |
Hon. Attorney General v. Agampodi Jayantha Gamini Soyza & Another
View More |
Hon. L.T.B. Dehideniya, J | Criminal revision; murder; prosecutorial discretion; prosecution witness; witness of Court; Court’s power to call witness; adverse inference; amendment of indictment; plea to lesser offence | Penal Code – s.296; Evidence Ordinance – s.114; Code of Criminal Procedure Act No.15 of 1979 – provisions governing indictment and criminal trial procedure | Download |
| 2016-02-26 | CA/WRT/0209/2013 |
Jathika Sevaka Sangamaya Vs. South Asia Gateway Terminals (Pvt) Limited and 4 Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Trade Union – Check-off facility – Trade union dues deduction – Writ of Certiorari – Writ of Mandamus – Labour Department inquiry – Assistant Commissioner of Labour (Trade Unions) – Arbitration of industrial dispute – Delay (laches) – Suppression of material facts – Non-disclosure – Uberrima fides – Discretionary remedy – Judicial review – Trade union membership – Labour relations – Industrial dispute – Refusal of check-off – Dismissal of writ application. | Trade Unions Ordinance No. 14 of 1935 (as amended). | Download |
| 2016-02-26 | CA/WRT/0577/2011 |
Weerasinghe Mudiyanselage Ekanayake Banda and one another Vs. Divisional Secretary of Ganewatta and Others.
View More |
Hon. Deepali Wijesundera, J. | writ of certiorari-State land grant- Land Development Ordinance-nomination of successor-non-registration of nomination, surrender of land-issuance of permits,-ultra vires- laches-jurisdiction of land authorities-validity of state permits-cancellation of grant. | Land Development Ordinance (Sections 19, 58(1), 60) and State Land Ordinance (Section 3). | Download |
| 2016-02-26 | CA/0177/2010 |
Ranasinghe Arachchige Lionel alias Ariyapala Vs. The Honorable Attorney General.
View More |
Hon. Vijith K. Malalgoda PC, J. | Sentencing – Appeal against sentence – Aiding and abetting possession of cannabis – Disparity in sentencing between principal offender and abettor – Guilty plea by principal accused – Conviction after trial – Right to plead not guilty – Whether accused penalized for exercising right to trial – Principle of parity in sentencing – Excessive sentence – Judicial discretion in sentencing – Consistency and fairness in punishment – Suspended sentence – Appellate revision of sentence – Interests of justice. | Poisons, Opium and Dangerous Drugs Ordinance (Offence relating to possession of cannabis)-Penal Code – Provisions relating to aiding and abetting offences. | Download |
| 2016-02-26 | CA/PHC/0040/2003 |
Ceylon Agro Industries Limited Vs. Employees Trust Fund.
View More |
Hon. P.R.Walgama, J. | Employees’ Trust Fund (ETF) contributions – Recovery of ETF dues and surcharge – Employer’s statutory liability – Foreign employees – Employee versus independent contractor – Memorandum of Understanding (MOU) – Waiver of statutory benefits – Contracting out of statutory rights – Public policy – Estoppel – Certificate issued by ETF Board – Conclusiveness of certificate – Liability to contribute to ETF – Invalidity of private agreements inconsistent with labour legislation – Employment relationship – Appeal against High Court order – Statutory obligations overriding contractual arrangements – Appeal dismissed. | Employees’ Trust Fund Act No. 46 of 1980 – Section 16(1) (Employer’s liability to contribute to the Fund); Section 28(3) (Recovery of defaulted contributions by certificate procedure); Section 28(4) (Conclusive evidentiary effect of ETF Board certificates); Law relating to public policy and prohibition against waiver of statutory employment benefits. | Download |
| 2016-02-26 | CA/0788/1997(F) |
U.Allen Ratnayake Presently known as Ukwatte Kankanamalage Vs. P .R.L.e. Geethani Jayasinghe and Others.
View More |
Hon. M.M.A. Gaffoor J. | Declaration of title – Rei vindicatio – Ejectment of unlawful occupier – Recovery of possession – Competing claims to land – Paper title – Prescriptive title – Burden of proof – Possession following title – Defendant’s plea of prescription – Failure to prove uninterrupted and undisturbed possession for ten years – Presumption of possession arising from title – Plaintiff’s entitlement to possession – Damages for unlawful occupation – Appeal against dismissal of action – Reversal of trial court judgment. | Prescription Ordinance – Evidence Ordinance, Section 68 – Civil Procedure Code (declaratory relief, ejectment and damages). | Download |
| 2016-02-26 | CA/0788/1997(F) |
Kudasinghege Waidyaratne, substituted by U. Allen Ratnayake presently known as Ukwatte Kankanamalage Jayantha Ratnayake v. P.R.L. Jemis Jayasinghe, substituted by P.R.L.C. Geethani Jayasinghe & Others
View More |
Hon. M.M.A. Gaffoor, J | Declaration of title – Ejectment – Paper title – Defendant claiming prescriptive title – Lots allotted in earlier partition action – Plaintiff proving title through deeds – Legal title carrying presumption of right to possession – Burden shifts to defendant to prove prescription – Defendant failing to discharge burden – District Court judgment set aside – Judgment entered for plaintiff. | Prescription principles; law governing declaration of title and ejectment; evidentiary burden where plaintiff establishes paper title. | Download |
| 2016-02-26 | CA/WRT/0577/2011 |
Weerasinghe Mudiyanselage Ekanayake Banda & Weerasinghe Mudiyanselage Rathnayake Banda v. Divisional Secretary, Ganewatta; Registrar of Land, Kurunegala; Weerasinghe Mudiyanselage Seelawathie & Others
View More |
Hon. Deepali Wijesundera, J | Certiorari – State land – Land Development Ordinance – Presidential grant – Nomination of successor – Failure to register nomination – Renunciation of grant – Land surrendered back to State – Divisional Secretary subsequently issuing permits – Competent authority – Mandatory registration of nomination/cancellation – Unregistered nomination conferring no rights – Eleven-year delay – Laches – Application refused with Rs.25,000 costs. | Constitution – Article 140; Land Development Ordinance – sections 19, 58(1) and 60; State Lands Ordinance – section 3. | Download |
| 2016-02-23 | CA/PHC/0129/2009 |
Punchihewage Wijedasa Senadeera Vs. Assistant Commissioner of
Agrarian Development and 2 Others.
View More |
Hon. Malinie Gunaratne, J. | Writ of Certiorari – Judicial review – Agrarian Development Act – Anda cultivation rights – Tenant cultivator rights – Paddy land dispute – Ownership versus cultivation rights – Assistant Commissioner of Agrarian Development – Administrative decision-making – Suspension of administrative decision – Natural justice – Right to a hearing – Ex parte decision – Good faith exercise of administrative powers – Material non-disclosure – Duty of full and frank disclosure – Discretionary remedies – Extraordinary jurisdiction – Execution of court decree – Possession of agricultural land – Contempt of court considerations – Refusal of prerogative relief – Appellate review of writ proceedings – Dismissal of appeal. | Agrarian Development Act No. 46 of 2000 (Protection of tenant cultivators and Anda cultivation rights); Constitution of the Democratic Socialist Republic of Sri Lanka (Judicial review and writ jurisdiction principles); Law relating to Writs of Certiorari and administrative law; Principles of Natural Justice (Audi Alteram Partem); Law governing disclosure of material facts in writ applications; Law relating to discretionary prerogative remedies and judicial review of administrative decisions. | Download |
| 2016-02-23 | CA/REV/0067/2007 |
Shahul Hameed Hamsathul Maleena & Others, substituted for A.S.M. Nizam v. W.D. Nandawathie Sumanasekera, D. Wijesooriya & W.D.A. Kanthi
View More |
Hon. Deepali Wijesundera, J | Revision – District Court declaration of title and ejectment – Revision of judgment and subsequent order – Exceptional circumstances – Delay – Finality of judgment – Revisionary jurisdiction – Attempt to revise District Court judgment after extensive passage of time. | Constitution – Article 138; Civil Procedure Code; principles governing revisionary jurisdiction and exceptional circumstances. | Download |
| 2016-02-23 | CA/REV/0323/2010 |
J.M. Leelawathie Menike v. Wijemunige Gunatilake, Thevarapperuma Arachchige Karunawathie & Others
View More |
Hon. M.M.A. Gaffoor, J | Revision – Ejectment and declaration of title – Party added as defendant but never served with summons – Trial conducted without participation of added defendant – Judgment entered in favour of plaintiffs – Non-service of summons – Natural justice – Judgment void ab initio – Fatal procedural defect – Proper procedure after amendment of plaint. | Civil Procedure Code – sections 18(1), 55, 59, 60 and 63; Constitution – Article 138; principles of natural justice and service of summons. | Download |
| 2016-02-23 | CA/PHC/0129/2009 |
Punchihewage Wijedasa Senadeera v. Assistant Commissioner of Agrarian Development & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Agrarian dispute – Paddy land – Anda cultivator – Change of ownership – Right to remain as tenant cultivator – Assistant Commissioner’s administrative letter – Certiorari – Writ application before Civil Appellate High Court – Appeal from dismissal – Relationship between decree of civil court determining ownership and statutory cultivation rights. | Agrarian Development Act No. 46 of 2000; Constitution – Article 154P and writ jurisdiction of Provincial High Court. | Download |
| 2016-02-19 | CA/PHC/APN/0106/2015 |
Phunchiralage Dhanapala Vs. Officer In Charge of Police Station, Horowpathana and 2 Others.
View More |
Hon. L.T.B Dehideniya, J. | Revision Application – Confiscation of vehicle – Illegal sand transportation – Breach of permit conditions – Conviction on plea of guilt – Forfeiture proceedings – Mines and Minerals offence – Registered owner’s claim – Absence at forfeiture inquiry – Jurisdiction to order forfeiture – Statutory interpretation – Vehicle not liable to confiscation – Scope of forfeiture provisions – Manifest error of law – Order made without jurisdiction – Delay in filing revision – Explanation for delay – Revisionary jurisdiction – Miscarriage of justice – Ex facie invalid order – Release of seized vehicle – Exercise of discretionary powers. | Mines and Minerals Act No. 33 of 1992 – Sections 28, 63(1), 63A and 63B; Mines and Minerals (Amendment) Act No. 66 of 2009. | Download |
| 2016-02-19 | CA/WRT/0377/2013 |
The Finance and Guarantee Ltd Vs. The Assistant Commissioner of Labour and 2 Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Finance Company – Director’s remuneration – Central Bank directives – Finance Companies Act – Shop and Office Employees (Regulation of Employment and Remuneration) Act – Writ of Certiorari – Judicial review – Salary arrears – Labour Commissioner – Employee Director – Regulated finance company – Remuneration policy – Central Bank supervision – Statutory powers – Preliminary objections – Delay (laches) – Rule 3(1)(a) Court of Appeal Rules – Suppression of material facts – Ultra vires – Administrative law – Labour dispute – Salary reduction – Director’s salary – Certiorari granted. | Finance Companies Act No. 78 of 1988 (as amended by Finance Companies (Amendment) Act No. 23 of 1991), Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1954, Court of Appeal (Appellate Procedure) Rules 1990 (Rule 3(1)(a)), and the Companies Act. | Download |
| 2016-02-19 | CA/WRT/0413/2013 |
The Finance and Guarantee Ltd Vs. The Assistant Commissioner of Labour and 2 Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Finance company – Director’s remuneration – Employee director – Salary arrears – Central Bank directives – Finance Companies Act – Labour Commissioner – Shop and Office Employees Act – Writ of Certiorari – Judicial review – Remuneration policy – Financial crisis – Regulated finance institution – Director salary reduction – Central Bank supervision – Statutory powers – Administrative law – Ultra vires – Employment remuneration – Salary dispute. | Finance Companies Act No. 78 of 1988; Finance Companies (Amendment) Act No. 23 of 1991; Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1954; Companies Act. | Download |
| 2016-02-19 | CA/0189/2010 |
Asitha Godabedda Vs. The Honorable Attorney General.
View More |
Hon. Vijith K. Malalgoda PC, J. | Murder – Appeal against conviction and death sentence – Dying declarations / dying depositions – Sole reliance on dying declarations – Admissibility of statements made by deceased – Contradictions and omissions in dying declarations – Reliability and truthfulness of dying declarations – Evaluation of evidence under Section 32(1) – Failure to consider material contradictions – Circumstantial evidence consistent with suicide – Burden of proving guilt beyond reasonable doubt – Misdirection by trial judge – Assessment of witness credibility – Contradictory evidence regarding paternity of unborn child – Recovery of poison bottle – Medical evidence inconsistent with prosecution theory – Weight of uncorroborated dying declarations – Necessity for judicial caution in accepting statements of deceased persons – Fair trial principles – Benefit of doubt to accused – Acquittal on appeal – Conviction set aside. | Penal Code – Section 296 (Murder) read with Section 32 (Common intention / joint liability); Evidence Ordinance – Section 32(1) (Admissibility of dying declarations and statements relating to the cause or circumstances of death). | Download |
| 2016-02-19 | CA/0019/2012 |
Kirama Kankanamge Dinesh Thilina
Danushka Ariyaratne alias Senevi Vs.
The Honorable Attorney General and one Other
View More |
Hon. K.K.Wickramasinghe, J. | Murder – Conviction for murder – Appeal against conviction and sentence – Failure to hear closing submissions of prosecution and defence – Judgment delivered immediately after dock statement – Pronouncement of conviction and sentence on same day – Denial of fair trial – Right of accused to be heard by counsel – Violation of principles of natural justice – Circumstantial evidence case – Failure of trial judge to consider defence adequately – Lack of opportunity for counsel to sum up case – Judicial duty to evaluate evidence before judgment – Public confidence in administration of justice – Setting aside conviction and sentence – Order for re-trial. | Constitution of the Democratic Socialist Republic of Sri Lanka, Article 13(3) – Penal Code, Section 296. | Download |
| 2016-02-19 | CA/0019/2012 |
Kirama Kankanamge Dinesh Thilina Danushka Ariyaratne alias Senevi v. Hon. Attorney General & Officer in Charge, Police Station, Mawanella
View More |
Hon. K.K. Wickramasinghe, J | Murder – Circumstantial evidence – High Court delivering judgment immediately after dock statement – Defence not permitted to make closing submissions – Right to fair trial – Right of accused to have case summed up by counsel – Appearance of justice – Failure adequately to evaluate defence – Conviction and death sentence challenged. | Penal Code – section 296; Constitution – Article 13(3); Code of Criminal Procedure Act No. 15 of 1979 – section 331; constitutional right to a fair trial. | Download |
| 2016-02-19 | CA/PHC/APN/0106/2015 |
Phunchiralage Dhanapala v. Officer in Charge, Police Station, Horowpathana & Others
View More |
Hon. L.T.B. Dehideniya, J | Revision – Vehicle confiscation – Transporting sand in violation of permit – Registered owner – Delay before High Court – Mines and Minerals Act – Whether a motor vehicle falls within “mineral, machinery, equipment or material” liable to confiscation – Statutory interpretation – Vehicle not expressly included – Confiscation order challenged. | Mines and Minerals Act No. 33 of 1992 – sections 28, 63(1), 63A and 63B(1), as amended by Act No. 66 of 2009; Constitution – Article 138. | Download |
| 2016-02-18 | CA/0596/1999(F) |
Yasoma De Rosiro Vs. S.N.A.Lanka (Pvt) Ltd. and 2 Others.
View More |
Hon. H.N.J.Perera, J. | Commercial agency agreement – Recovery of outstanding dues – Bank guarantee – Claim for declaration as to amount due – Interim injunction restraining payment under bank guarantee – Dispute regarding returned goods and accounts – Evaluation of statements of account – Credibility of documentary evidence – Burden of proving payments and credits claimed – Failure to substantiate account statement – Unproven payments through agent – Goods retained by agent – Liability for stock in hand – Assessment of outstanding balance – Award of legal interest – Findings of fact by trial court – Appellate review of factual findings – Weight attached to trial judge’s evaluation of evidence – Dismissal of appeal. | Civil Procedure Code (provisions relating to declaratory relief and injunctions) – Interest Act (legal interest). | Download |
| 2016-02-18 | CA/0596/1999(F) |
Yasoma De Rosiro v. S.N.A. Lanka (Pvt) Ltd., Peoples Bank & Manager, Peoples Bank
View More |
Hon. H.N.J. Perera, J | Commercial dispute – Agency/stockist arrangement – Sale of edible oils and food products – Bank guarantee of Rs.400,000 – Dispute over damaged returned goods – Amount allegedly due – Interim injunction restraining payment under guarantee – Accounts – District Court determining liability at Rs.192,654.51 – Appeal concerning evaluation of accounts and documentary evidence. | General contract and agency law; principles governing bank guarantees, accounts, damages and injunctions. No specific statutory provision is identified in the extracted portion. | Download |
| 2016-02-17 | CA/0003/2005 |
Monika Fenando and others Vs. Attorney General
View More |
Hon. Vijith K. Malalgoda, J. (P/CA) | Appeal, jury option, conditional pardon | Code of Criminal Procedure Act No 15 of 1979 | Download |
| 2016-02-16 | CA/PHC/0190/2014 |
Deepal Sooriyarachchi Vs. Seramge Seetha Alwis.
View More |
Hon. L.T.B.Dehideniya, J. | Primary Court proceedings – Section 66 Primary Courts Procedure Act – Breach of peace inquiry – Possession disputes relating to house property – Determination of possession at date of filing information – Forcible entry and alleged dispossession – Distinction between ownership and possession – Presumption of possession based on title and residence – Evidentiary value of electoral registers and Grama Niladhari certificates – Physical and mental elements of possession (corpus and animus) – Licensee occupation within family relationship – Parent–child residential arrangements – Domestic property disputes – Revision against Magistrate’s order – High Court dismissal in limine – Appellate interference with concurrent findings – Costs of appeal. | Primary Courts Procedure Act – Section 66; Section 68; Court of Appeal (Procedure for Appeals from High Courts established by Article 154P of the Constitution) Rules, 1998; General principles relating to possession (corpus and animus). | Download |
| 2016-02-16 | CA/WRT/0439/2013 |
B.Yasodha Vs. Colombo Municipal Council.
View More |
Hon. Vijith K. Malalgoda PC, J. | Locus standi – Official quarters – Occupation after retirement – Recovery of possession – Municipal employee housing – Unauthorized occupation – Dismissal of writ application – Academic issue. | Local Government Quarters Recovery of Possession Act. | Download |
| 2016-02-16 | CA/PHC/0066/2007 |
Thennakoonge Somarathna and 2 Others Vs. Thennakoonge Karunadasa and 2 Others.
View More |
Hon. Malinie Gunaratne, J. | Defective Petition of Appeal – Non-compliance with Court of Appeal Rules – Appellate jurisdiction – Revision application – Dismissal in limine – Failure to invoke jurisdiction properly – Petition not addressed to Court of Appeal – Procedural defects – Mandatory procedural requirements – High Court appellate and revisionary jurisdiction – Court of Appeal practice and procedure – Invalid appeal – Jurisdictional challenge – Non-compliance with Rule 2(1)(a) – Non-compliance with Rule 14(1) – Fatal procedural irregularity – Proper forum for appeal – Refusal to consider merits – Appeal dismissed on technical grounds. | Court of Appeal (Procedure for Appeals from High Courts established by Article 154P of the Constitution) Rules, 1998 – Rule 2(1)(a) (Requirement that appeals from Provincial High Courts be addressed to and lodged for the Court of Appeal within the prescribed period); Rule 14(1) (Mandatory contents and form of a Petition of Appeal); Constitution of the Democratic Socialist Republic of Sri Lanka – Article 154P(3)(b) (Appellate and revisionary jurisdiction of Provincial High Courts); Principles governing invocation of appellate jurisdiction and strict compliance with procedural rules. | Download |
| 2016-02-16 | CA/PHC/0168/2014 |
Watagala Gamaralalage Nihal
Premathilaka Vs. Ranawaka Arachchilage Kushan
Maduranga Nawaratna and Others.
View More |
Hon. Malinie Gunaratne, J. | Vehicle forfeiture and custody – Criminal Procedure Code Section 431 – Police seizure of property – Disposal of seized property by Magistrate – Discretion of Magistrate in property release – Entitlement to possession – Ownership versus possession disputes – Fraudulent vehicle transfer – Forged registration documents – Bona fide purchaser for value – Hire purchase agreement – Absolute ownership under leasing company – Motor Traffic Act registration – Revision of Magistrate’s order – High Court appellate jurisdiction – Judicial discretion in criminal property proceedings – Special circumstances overriding possession at time of seizure – Criminal and civil overlap in property disputes – Misinterpretation of precedent – Interim custody of production property – Appeal against revisionary order. | Code of Criminal Procedure Act No. 15 of 1979 – Section 431(1) and (2) (Seizure and interim disposal of property by Magistrate); Section 433(a)(1) (Entitlement to possession of vehicles under hire purchase/leasing agreements, as amended by Act No. 12 of 1990); Motor Traffic Act (Chapter 203) (Registration of motor vehicles and determination of ownership); Principles of judicial discretion in criminal procedure; Law relating to disposal of stolen or fraudulently obtained property pending investigation. | Download |
| 2016-02-16 | CA/0054/1999(F) |
Seeni Mohamadu Mohamudu
Abubakar Vs. Bank of Ceylon.
View More |
H.N..J.Perera, J. | Appeal against judgment of District Court – Laesio enormis – Undue enrichment – Sale of immovable property – Alleged inadequacy of consideration – Transfer of property to creditor bank – Loan default – Valuation of property – Market value of property – Validity of deed of transfer – Declaration of nullity – Civil procedure – Duty of trial judge – Evaluation of evidence – Failure to analyse evidence – Failure to consider witness testimony – Non-compliance with Section 187 of the Civil Procedure Code – Requirement to give reasons – Bare answers to issues – Judgment lacking findings and reasoning – Failure of justice – Prejudice to substantial rights of parties – Appellate intervention – Setting aside judgment – Trial de novo | Civil Procedure Code, Section 187. | Download |
| 2016-02-16 | CA/0054/1999(F) |
Seeni Mohamadu Mohamudu Abubakar v. Bank of Ceylon
View More |
Hon. H.N.J. Perera, J | Sale of immovable property – Bank loan – Property subsequently purchased by lender bank – Plaintiff alleging sale at gross undervalue – Laesio enormis – Claim that deed was void because consideration was less than half market value – Valuation – Roman-Dutch law remedy – Whether doctrine survives/applicable – Alternative monetary claim. | Roman-Dutch law doctrine of laesio enormis; general law governing sale and transfer of immovable property and contractual relief. | Download |
| 2016-02-16 | CA/PHC/0066/2007 |
Thennakoonge Somarathna & Others v. Thennakoonge Karunadasa & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court appeal – Primary Court proceedings – Defective petition of appeal – Failure to address petition to Court of Appeal – Mandatory appellate requirements – Names of appellants/respondents omitted – No proper invocation of appellate jurisdiction – Appeal rejected on procedural grounds. | Court of Appeal (Procedure for Appeals from High Courts established by Article 154P of the Constitution) Rules 1998 – Rules 2(1)(a) and 14(1); Constitution – Article 154P. | Download |
| 2016-02-16 | CA/PHC/0168/2014 |
Watagala Gamaralalage Nihal Premathilaka v. Ranawaka Arachchilage Kushan Maduranga Nawaratna & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Motor vehicle – Fraudulent sale – Forged registration book – Competing claimants – Vehicle originally belonging to appellant transferred through fraudulent transactions – Magistrate’s order for release of vehicle – Revision – High Court determination – Bona fide purchaser – Possession and title to property connected with criminal proceedings – Appeal dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – statutory provisions relating to disposal/release of property produced before court. | Download |
| 2016-02-16 | CA/PHC/0190/2014 |
Deepal Sooriyarachchi v. Seramge Seetha Alwis
View More |
Hon. L.T.B. Dehideniya, J | Primary Court land dispute – Son and mother – Possession of part of residential house – Common use of kitchen – Alleged forcible entry – Ownership not decisive but relevant to possession – Physical and mental elements of possession – Section 66 information – Dispossession within two months – Magistrate’s possession order – High Court revision. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66 and provisions governing possession/dispossession. | Download |
| 2016-02-16 | CA/WRT/0439/2013 |
B. Yasodha v. Colombo Municipal Council & 3 Others
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Writ application – Colombo Municipal Council employee quarters – Petitioner\'s father permitted to occupy quarters only during employment – Continued occupation after retirement – Father deceased in 2005 and mother deceased in 2010 – Petitioner remaining in occupation – Possession subsequently recovered through statutory proceedings – Matter becoming academic – Locus standi – Petitioner herself never an employee of Colombo Municipal Council – No independent right to occupy premises – Application dismissed without costs. | Constitution – Article 140; Local Government Quarters (Recovery of Possession) Act. | Download |
| 2016-02-15 | CA/WRT/0095/2013 |
Abeyratnage Ajith Thushara and one another Vs. The Hon. Minister of Education and Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Writ of Certiorari – Writ of Mandamus – Divesting of school property – Assisted school – State-vested property – Roman Catholic School – Roman Catholic Bishop – Intervention application – Intervenient-Petitioner – Necessary party – Sufficient interest – Ownership dispute – School premises – Use of vested property – Public law remedy – Writ jurisdiction – Affected party – Administration of justice – Refusal of intervention – Property claim – School administration. | Assisted Schools and Training Colleges (Supplementary Provisions) Act No. 5 of 1960; Assisted Schools and Training Colleges (Supplementary Provisions) Act No. 8 of 1961. | Download |
| 2016-02-15 | CA/0243/2012 |
Dasanayaka Mudiyanselage Gunerathne Bibila Vs. The Hon. Attorney General.
View More |
Hon. H.N.J.Perera, J. | Grievous hurt – Appeal against sentence – Compensation paid to victim in open court – Mitigating circumstances – Reduction of custodial sentence – Suspension of sentence – Victim compensation – Judicial discretion in sentencing – Rigorous imprisonment – Fine and default sentence – Restorative justice considerations – Sentence variation on appeal – Conviction affirmed – Appeal dismissed subject to variation of sentence. | Penal Code – Section 317 (Voluntarily causing grievous hurt); Law relating to sentencing, compensation to victims, suspended sentences, fines, and default imprisonment. | Download |
| 2016-02-15 | CA/0243/2012 |
Dasanayaka Mudiyanselage Gunerathne v. Hon. Attorney General
View More |
Hon. H.N.J. Perera, J | Criminal appeal – Grievous hurt – Sentence – Compensation to victim – Accused paying Rs.300,000 in open court – Five-year rigorous imprisonment set aside – Two years rigorous imprisonment suspended for five years substituted – Fine maintained – Sentence variation – Appeal otherwise dismissed. | Penal Code – section 317; Code of Criminal Procedure Act principles relating to appeal and sentencing. | Download |
| 2016-02-14 | CA/WRT/0341/2016 |
Nalin Dharmajeewa Kuruppuarachchi Vs. Open University of Sri Lanka and others
View More |
Hon. Vijith K. Malalgoda, J. (P/CA) | Delay, charge sheet | Download | |
| 2016-02-12 | CA/WRT/0033/2014 |
K.M.C.J.B. Kangara Vs. Education Services Employees Thrift and
Credit Cooperative Society Limited and 2 Others.
View More |
Hon. Vijith K. Malalgoda PC, J. | Writ of Certiorari – Writ of Mandamus – Cancellation of appointment – Administrative Officer (Executive Grade Class III) – Qualification requirements – Equivalent qualifications – Diploma in Human Resource Management – Diploma in Accountancy – Diploma in Business Management – Ejusdem Generis rule – Prior approval requirement – Co-operative Employees Commission – Permanent appointment – Acting appointment – Legitimate expectation – Invalid appointment – Recruitment and promotion – Public employment – Judicial review – Dismissal of application. | Co-operative Employees Commission Act No. 12 of 1972; Government Gazette Notification No. 1712/36 dated 02.07.2011. | Download |
| 2016-02-12 | CA/WRT/0446/2014 |
Vehicles Lanka (Private) Limited and one another Vs. Jagath Premalal Wijeweera.
View More |
Hon. Vijith K. Malalgoda PC, J. | Writ of Certiorari – Writ of Prohibition – Writ of Mandamus – Customs clearance – Import licence – Vehicle assembly – Misrepresentation – Clean hands doctrine – Estoppel – Finality of litigation – Refusal of notice – Res judicata principles – Cabinet decision – Customs Ordinance – Supreme Court settlement – Special Leave to Appeal. | Article 140 of the Constitution of Sri Lanka, Motor Traffic Act (Section 241), Customs Ordinance (Section 144), Imports and Exports (Control) Act, and Supreme Court Fundamental Rights jurisdiction (SC(FR) No. 304/2011). | Download |
| 2016-02-12 | CA/0117/2014 |
Arampath Mudiyanselage Thilakaratne Bandara Vs. The Hon. Attorney General.
View More |
Hon. K.K.Wickramaisnghe, J. | Grave Sexual Abuse – Appeal against conviction – Failure to read and explain indictment – Failure to record plea of accused – Mandatory arraignment procedure – Right of accused to know charge – Compliance with statutory requirements before commencement of trial – Whether representation by counsel cures defect – Whether omission amounts to mere procedural irregularity – Fair trial rights – Prejudice to accused – Failure of justice – Applicability of curative provisions – Validity of conviction where mandatory procedure not followed – Non-compliance with essential criminal procedure – Retrial ordered – Conviction and sentence set aside. | Constitution of the Democratic Socialist Republic of Sri Lanka, Article 138 (Proviso) – Code of Criminal Procedure Act No. 15 of 1979, Sections 196, 436 and 456A – Penal Code, Section 365B(2)(b) (as amended by Act No. 22 of 1995 and Act No. 29 of 1998). | Download |
| 2016-02-12 | CA/0117/2014 |
Arampath Mudiyanselage Thilakaratne Bandara v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Grave sexual abuse – Mandatory criminal procedure – Indictment allegedly not read and explained to accused – Plea not expressly recorded – Whether omission from record establishes non-compliance – Prejudice – Curable procedural irregularity – Accused had received indictment years before trial – Conviction and seven-year sentence challenged. | Penal Code – section 365B(2)(b), as amended by Acts Nos. 22 of 1995 and 29 of 1998; Code of Criminal Procedure Act No. 15 of 1979 – sections 196, 331, 435 and 436. | Download |
| 2016-02-12 | CA/0752/1997(F) |
Rajasinghalage Ranaweera v. R.D. Rosalin & Others
View More |
Hon. Deepali Wijesundera, J | Partition – Corpus admitted by parties – Trial judge nevertheless finding corpus unidentified – Pedigree and title – Duty of District Judge independently to investigate title – Failure to properly examine title – Appeal allowed – District Court judgment set aside – Trial de novo ordered. | Partition law principles imposing a duty on the trial judge to investigate title; Evidence Ordinance principles concerning burden of proof. | Download |
| 2016-02-09 | CA/0153/2012 |
Kankanam Vitharanage Chandrasekera Alias Kiriputha Vs. The Hon.Attorney General.
View More |
Hon. H.N.J.Perera, J. | Aiding and abetting – Possession of cannabis – Conviction – Appeal against sentence – Sentence disparity – Co-accused – Principal offender and secondary offender – Guilty plea – Suspended sentence – Rigorous imprisonment – Whether sentence imposed on abettor was excessive – Sentencing principles – Equality and consistency in sentencing – Differential treatment of accused persons – Right to plead not guilty and stand trial – Whether accused penalised for exercising right to trial – Appellate review of sentence – Disparity between sentences imposed on co-accused – Interests of justice – Reduction of sentence – Suspended sentence imposed on appeal – Variation of sentence. | Poisons, Opium and Dangerous Drugs Ordinance (possession of cannabis provisions) – Penal Code (Aiding and Abetting Provisions). | Download |
| 2016-02-09 | CA/0334/1998(F) |
Welathanthrige William
Botheju Vs. Weligepolage S umanadasa Perera and Others.
View More |
Hon. Malinie Gunaratne, J. | Partition action – Appeal against dismissal of partition action – Death of parties pending appeal – Substitution of deceased parties – Failure to substitute deceased respondent – Abatement of appeal – Application to set aside abatement order – Re-listing of appeal – Jurisdiction of Court of Appeal to restore abated appeal – Inherent jurisdiction of Court – Incidental orders – Sufficient cause for reinstatement – Burden of proof on applicant – Lack of due diligence – Delay in prosecuting appeal – Repeated extensions of time – Failure to comply with court directions – Reconstruction of court record – Discovery of documents after abatement – Counsel’s negligence – Consequences of attorney’s default – Non-prosecution of appeal – Judicial discretion in reinstatement – Administration of justice. | Civil Procedure Code, Section 403 – Supreme Court Rules, Rule 34 (Non-prosecution of appeals and applications). | Download |
| 2016-02-09 | CA/0153/2012 |
Kankanam Vitharanage Chandrasekera alias Kiriputha v. Hon. Attorney General
View More |
Hon. H.N.J. Perera, J | Criminal appeal – Cannabis – Aiding and abetting possession of 254.5 kg – Disparity in sentencing between co-accused – Main accused receiving suspended sentence after guilty plea – Appellant sentenced to five years after trial – Right to plead not guilty – Sentencing parity – Five-year term set aside – Two years rigorous imprisonment suspended for five years plus Rs.25,000 fine – Appeal otherwise dismissed. | Code of Criminal Procedure Act No. 15 of 1979 – section 331; law governing aiding and abetting and sentencing; statutory provisions governing cannabis possession underlying the indictment. | Download |
| 2016-02-09 | CA/0334/1998(F) |
Welathanthrige William Botheju v. Welathanthrige Pedrik Botheju & Others
View More |
Hon. W.M.M. Malinie Gunaratne, J | Partition appeal – Abatement – Failure to substitute deceased respondent – Application to restore/re-list appeal – Inherent jurisdiction of Court of Appeal – Whether abatement order must instead be appealed to Supreme Court – Sufficient cause – Due diligence – Repeated extensions granted – Substitution papers defective – Court’s power to restore an abated appeal. | Civil Procedure Code – section 403; inherent jurisdiction of Court of Appeal; procedural principles governing abatement, substitution and re-listing. | Download |
| 2016-02-08 | CA/PHC/APN/0047/2015 |
Dilshan Nerious Roger Fernando Vs. Done Lakshmi Ranasinghe and one another.
View More |
Hon. Malinie Gunaratne, J. | Revision Application – Dismissal in limine – Preliminary objections – Acquiescence and waiver – Acceptance of court order – Estoppel by conduct – Delay and laches – Unreasonable delay in seeking revision – Discretionary nature of revisionary jurisdiction – Suppression of material facts – Non-disclosure of material documents – Uberrima fides – Clean hands doctrine – Section 66 proceedings – Possession dispute – Interim order – Contempt of court proceedings – Jurisdiction of Primary Court – Concurrent proceedings in District Court – Failure to challenge order promptly – Exercise of revisionary powers – Procedural fairness – Abuse of process – Revision refused – Dismissal of application. | Primary Courts’ Procedure Act No. 44 of 1979 – Section 66; Judicature Act No. 2 of 1978; Court of Appeal (Appellate Procedure) Rules, 1990. | Download |
| 2016-02-08 | CA/PHC/APN/0060/2015 |
Amarasinghe Gunawardena Don
Kusum Kumari Amarasinghe Vs. Officer-in-Charge of Homicide Investigation Unit of Criminal Investigation Department and 3 Others.
View More |
Hon. S. Devika De Livera Tennekoon, J. | Revision Application – Refusal of bail – Bail pending investigation – Completion of investigations – Completion of non-summary proceedings – Remand imprisonment – Maximum period of remand custody – One-year remand limit – Bail after prolonged detention – Exceptional circumstances – Judicial discretion in granting bail – High Court order revised – Conditional bail – Cash bail – Surety bail – Reporting conditions – Release of suspect on bail. | Bail Act No. 30 of 1997 – Sections 14, 16 and 17. | Download |
| 2016-02-08 | CA/PHC/APN/0110/2015 |
Kahengoda Mudiyanselage Rangani
Saman Rupasinghe Vs. The Hon. Attorney General and 3 Others.
View More |
Hon. Malinie Gunaratne, J. | Revision application – Refusal of bail – One year remand custody – Completion of investigations – Filing of plaint – High Court order set aside – Release on bail – Cash bail – Surety bail – Family member sureties – Reporting to CID – Monthly reporting requirement – Passport impounded – Travel restrictions – Bail conditions – Exercise of revisionary jurisdiction – Continued detention – Entitlement to bail. | Bail Act No. 30 of 1997. | Download |
| 2016-02-08 | CA/PHC/APN/0111/2015 |
Kahengoda Mudiyanselage
Rangani Saman Rupasinghe Vs. The Hon. Attorney General and 2 Others.
View More |
Hon.Malinie Gunaratne, J. | Revision application – Refusal of bail – One year remand custody – Release on bail – High Court order set aside – Cash bail – Surety bail – Family member sureties – Monthly reporting requirement – Reporting to Police Station – Passport impounded – Travel restrictions – Bail conditions – Exercise of revisionary jurisdiction – Continued detention – Entitlement to bail. | Bail Act No. 30 of 1997. | Download |
| 2016-02-08 | CA/0134/2013 |
Werahera Appuhamylage
Nirmala Piyatissa Vs. The Hon. Attorney General.
View More |
Hon. K.K. Wickramasinghe, J. | Murder – Conviction – Appeal against conviction and sentence – Evaluation of evidence – Credibility of eyewitness testimony – Circumstantial and direct evidence – Identification of accused – Recovery of weapon on information supplied by accused – Admissibility of discovery evidence – Medical evidence corroborating eyewitness account – Government Analyst’s report – Material and immaterial contradictions – Weight to be attached to dock statement – Burden of proving guilt beyond reasonable doubt – Conduct of accused after offence – Flight and concealment as incriminating circumstance – Findings of trial judge on credibility of witnesses – Appellate interference with findings of fact – Whether prosecution proved intention to kill – Affirmation of conviction and sentence – Dismissal of appeal. | Penal Code, Section 296 – Evidence Ordinance, Section 27. | Download |
| 2016-02-08 | CA/0135/2010 |
Kristho Badhuge Anuruddha Vs. The Honorable Attorney General
View More |
Hon.Vijith K. Malalgoda PC J (P/CA) | Murder – Conviction – Appeal against conviction and sentence – Sudden fight – Exception 4 to Section 294 of the Penal Code – Culpable homicide not amounting to murder – Evaluation of evidence – Duty of trial judge to consider evidence favourable to accused – Contradictions in prosecution evidence – Material contradictions – Defence witness – Failure to evaluate defence evidence – Sudden quarrel – Heat of passion – Absence of premeditation – Whether trial judge misdirected himself – Reduction of offence from murder to culpable homicide – Appellate interference with findings of fact – Fair trial – Benefit of statutory exception – Appeal partly allowed. | Penal Code, Sections 293, 294, 296 – Exception 4 to Section 294 (Sudden Fight). | Download |
| 2016-02-08 | CA/0134/2013 |
Werahera Appuhamylage Nirmala Piyatissa v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Murder – Shooting at three-wheeler stand – Eyewitness testimony – Accused known to prosecution witnesses – Government Analyst’s report – Alleged failure to evaluate all witnesses – Dock statement – Credibility – Corroboration – Evidence considered as a whole – Murder proved beyond reasonable doubt – Conviction and death sentence affirmed – Appeal dismissed. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – section 331; evidentiary principles concerning credibility and corroboration. | Download |
| 2016-02-05 | CA/PHC/0044/1999 CA/PHC/0059/1999 |
Jeyam Immanuel Ayam
Perumal Vs. Commissioner of Labour.
View More |
Hon. P.R.Walgama, J. | Employees’ Provident Fund (EPF) contributions – Recovery of EPF arrears and surcharge – Certificate under Section 38(2) – Sufficiency of particulars in certificate – Validity of certificate – Liability of company directors – Directors holding office during default period – Former director’s liability – Statutory recovery proceedings – Employer default – Corporate liability – Interpretation of labour welfare legislation – Right to challenge computation of EPF dues – Compliance with statutory requirements – Appeal against recovery order – Dismissal of appeal. | Employees’ Provident Fund Act No. 15 of 1958 – Section 16 (Surcharge on defaulted contributions); Section 38(2) (Recovery of EPF contributions and surcharge by certificate procedure); Section 40 (Offences by body corporate and liability of directors/officers); Law relating to statutory interpretation and recovery of employment-related contributions. | Download |
| 2016-02-05 | CA/0008/1999(F) |
Vincy Edward Von Hagt Pathirana Vs. Don Richard Munasinghe
View More |
Hon. H.N.J.Perera, J. | Constructive trust – Declaration of trust – Beneficial interest in property – Transfer of immovable property – Deed of transfer – Re-transfer agreement – Money lending transaction disguised as sale – Section 83 of the Trust Ordinance – Attendant circumstances – Inadequacy of consideration – Continued possession by transferor – Beneficial ownership – Legal title versus equitable interest – Existence of trust relationship – Burden of proof – Parol evidence – Intention of parties – Loan secured by transfer of property – Refusal to re-transfer property – Constructive trustee – Evaluation of evidence – Findings of fact by trial court – Credibility of witnesses – Appellate review of factual findings – Deference to trial judge – Primary facts – Inferences drawn from evidence – No misdirection by trial judge. | Trust Ordinance, Section 83. | Download |
| 2016-02-05 | CA/0008/1999(F) |
Vincy Edward Von Hagt Pathirana v. Don Richard Munasinghe
View More |
Hon. H.N.J. Perera, J | Constructive trust – Transfer of land – Beneficial interest – Deed executed between parties – Whether transferee held property for transferor – Attendant circumstances – Parol evidence – Burden of proving trust – Trial judge’s findings of primary fact – Appellate restraint – District Court judgment affirmed. | Trusts Ordinance – section 83; principles governing constructive trusts and appellate review of findings of fact. | Download |
| 2016-02-05 | CA/PHC/0044/1999 |
Jeyam Immanuel Ayam Perumal v. Commissioner of Labour
View More |
Hon. P.R. Walgama, J | EPF recovery – Director of company – Certificate filed in Magistrate’s Court – Sufficiency of particulars in certificate – Liability of company directors – Company no longer a going concern – Assets under Central Bank control – Revision against Magistrate’s recovery order – Statutory conclusiveness of EPF certificate. | Employees’ Provident Fund Act No. 15 of 1958 – sections 16 and 38(2). | Download |
| 2016-02-05 | CA/PHC/0059/1999 |
Jeyam Immanuel Ayam Perumal v. Commissioner of Labour
View More |
Hon. P.R. Walgama, J | EPF recovery – Connected appeal heard with CA/PHC/44/1999 – Company directors – Certificate for unpaid contributions and surcharge – Validity of recovery proceedings – Statutory liability – Magistrate and High Court orders. | Employees’ Provident Fund Act No. 15 of 1958 – sections 16 and 38(2). | Download |
| 2016-02-03 | CA/0240/2013 |
P.R.Nandana Pushpakumara Vs. The Hon. Attorney General.
View More |
Hon. H.N.J.Perera, J. | Murder – Appeal against conviction and death sentence – Circumstantial evidence – Last seen theory – Failure to establish exact time of death – Burden of proof beyond reasonable doubt – Misdirection by trial judge – Erroneous factual findings – Recovery of knife under Section 27 of the Evidence Ordinance – Discovery evidence – Insufficient nexus between recovered weapon and offence – Mobile phone recovery – Opportunity versus proof of guilt – Multiple assailants possibility – Medical evidence inconsistent with prosecution theory – Presumption of innocence – Circumstantial evidence not excluding other hypotheses – Reasonable doubt – Acquittal on appeal – Conviction set aside. | Penal Code – Section 296 (Murder); Evidence Ordinance – Section 27 (Admissibility of information leading to discovery of facts); Law relating to circumstantial evidence and burden of proof in criminal proceedings. | Download |
| 2016-02-03 | CA/0880/1997(F) |
R. Nelson Seneviratne Vs. T.A.S.Sampath Sugathadasa and Others.
View More |
Hon. Gaffoor, J. | Partition action – Appeal – Competing claims as to corpus – Defendant seeking inclusion of larger land as subject matter of partition action – Failure to register lis pendens in respect of larger land – Mandatory requirements for registration of lis pendens – Non-compliance with statutory procedure – Amendment of corpus in partition proceedings – Validity of decree – Defect affecting final and conclusive character of partition decree – Misdirection by trial judge – Failure to reject claim for larger land – Remittal for fresh trial – Setting aside judgment. | Partition Law No. 21 of 1977, Sections 6, 13, 19(2)(b), 19(2)(c), and 48(1). | Download |
| 2016-02-03 | CA/0684/1997(F) |
Etin Epitawela v. Embuldeniyage Dona Susilawathie Wickremanayake
View More |
Hon. Deepali Wijesundera, J | Partition – Alleged amicable partition – Prescriptive title – Separate possession of lots – No cross deeds or signed partition plan – Boundary evidence inconsistent – Co-ownership – Ten-year possession – Trial judge failing properly to examine alleged division – Appeal from dismissal of partition action. | Prescription principles; partition law governing co-ownership, amicable partition and investigation of title. | Download |
| 2016-02-03 | CA/0880/1997(F) |
R. Nelson Seneviratne v. T.A.S. Sampath Sugathadasa & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition action – Identification of corpus – Larger land claimed by defendant – Second survey – Registration of lis pendens – Mandatory procedure when enlarging corpus – Failure to register larger land as lis pendens – Defect affecting final and conclusive character of decree – Appeal allowed – Case remitted for trial from stage after filing Plan X. | Partition Law No. 21 of 1977 – section 19(2)(b) and (c); Partition Act No. 16 of 1951; provisions governing registration of lis pendens. | Download |
| 2016-02-03 | CA/0240/2013 |
P.R. Nandana Pushpakumara v. Hon. Attorney General
View More |
Hon. H.N.J. Perera, J | Murder – Circumstantial evidence – Last seen evidence – Accused seen with deceased at different times on day of disappearance – Identification parade – Subsequent discovery of deceased – Dock statement – Chain of circumstances – Burden on prosecution – Conviction for murder – Death sentence – Appellate evaluation of circumstantial evidence. | Penal Code – section 296; Code of Criminal Procedure Act No. 15 of 1979 – section 331; principles governing circumstantial evidence and proof beyond reasonable doubt. | Download |
| 2016-02-02 | CA/PHC/0197/2007 |
The Secretary of Provincial Ministry of Education Vs. Diyogu Hennadige Kusumawathie.
View More |
Hon. Malinie Gunaratne, J. | Court of Appeal Rules 1988 – Rule 14 compliance – Rule 12(2) signature requirement – Validity of Petition of Appeal – Filing of appeal by registered attorney – Proxy and revocation of proxy – Section 27 Civil Procedure Code – Change of registered attorney-at-law – Filing of fresh proxy and motion – Maintainability of appeal – Preliminary objections – Fatal procedural defects – Non-compliance with appellate procedure rules – Requirement that petition be signed by attorney on record – Jurisdiction of Court of Appeal – Rejection in limine – Technical objections vs substantive justice – Precedent on defective appeals – Dismissal of appeal on procedural grounds. | Court of Appeal Rules, 1988 – Rule 12(2); Rule 14; Civil Procedure Code – Section 27(1) and 27(2). | Download |
| 2016-02-02 | CA/PHC/0008/2007 |
Hetti Muhandiramalage Podi Menike Vs. Ellepola Gedara Premeratne and another.
View More |
Hon. Malinie Gunaratne, J. | Land dispute – Possession of land – Inquiry under Section 66 – Determination of possession – Forcible dispossession – Restoration of possession – Contradictory findings by Primary Court Judge – Invalid order – Failure to determine possession on relevant date – Revision application – Dismissal of revision by High Court – Error of law – Failure to consider material facts and law – Appellate review – Setting aside High Court order – Procedural irregularity – Appeal allowed. | Primary Courts Procedure Act – Section 66 (Information regarding disputes likely to cause breach of peace concerning land); Section 68(1) (Determination and restoration of possession in land disputes); Law relating to revisionary jurisdiction and appellate review. | Download |
| 2016-02-02 | CA/0484/1998(F) |
Mohamed Sadikeen Mohamed
Unais and One another Vs. Mohamed Sameem Noorul Asma
alias Asmi and Others.
View More |
Hon. Mallinie Gunaratne, J. | Partition action – Appeal against dismissal of partition action – Re-listing application – Ex parte dismissal of appeal – Absence of respondents at hearing – Failure to serve notice of appeal – Due notice requirement – Right to be heard – Natural justice – Opportunity of being heard – Sufficiency of cause for non-appearance – Application to re-hear appeal – Jurisdiction of Court of Appeal to restore appeal – Inherent jurisdiction of Court – Personal service of notice – Presumption of regularity of official acts – Rebuttal of presumption – Unchallenged averments in petition – Failure to deny material facts in objections – Reinstatement of appeal – Setting aside ex parte order – Partition proceedings – Re-hearing of appeal. | Civil Procedure Code, Section 771 – Evidence Ordinance, Section 114 Illustration (d). | Download |
| 2016-02-02 | CA/0494/1999(F) |
Gamekankanamge Gunawathie and Others Vs. Indra Josephine Jayasinghe and Others.
View More |
Hon. H.N.J.Perera, J. | Partition action – Appeal – Abatement of appeal – Application for re-listing – Failure to substitute deceased respondent – Delay in effecting substitution – Dismissal of substitution application – Application to set aside abatement order – Jurisdiction of Court of Appeal to restore abated appeal – Inherent jurisdiction of Court – Whether appeal against abatement order lies to Supreme Court – Restoration of appeal – Requirement of sufficient cause – Burden of proving sufficient cause – Duty of appellant to prosecute appeal with due diligence – Failure of counsel to act diligently – Whether negligence of counsel constitutes sufficient cause – Discovery of documents after abatement order – Relevance of documents available prior to abatement – Long delay in prosecution of appeal – Repeated extensions granted by Court – Non-compliance with court directions – Due administration of justice – Refusal of re-listing application. | Civil Procedure Code, Section 403 – Supreme Court Rules, Rule 34 – Inherent Jurisdiction of Court of Appeal. | Download |
| 2016-02-02 | CA/0494/1999(F) |
Jayawardene Liyanage Gunadasa, substituted by Gamekankanamge Gunawathie & Others v. Narangodage Amarapala, substituted by Indra Josephine Jayasinghe & Others
View More |
Hon. H.N.J. Perera, J | Ejectment – Leave and licence – Plaintiff claiming tenancy under owner – Defendant claiming independent tenancy from same owner – Termination of licence – Burden of proof – Oral and documentary evidence – Credibility – Plaintiff lacking title to grant licence – District Court dismissal – Appellate review of findings of fact. | General civil law relating to leave and licence, tenancy, ejectment and burden of proof; Evidence Ordinance principles. | Download |
| 2016-02-02 | CA/PHC/0008/2007 |
Hetti Muhandiramalage Podi Menike v. Ellepola Gedara Premeratne & Officer in Charge, Minor Complaints Unit, Police Station, Balangoda
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court land dispute – Possession – Section 66 information – Primary Court unable to determine actual possession but nevertheless granting possession to respondent – Contradictory findings – Revision before Provincial High Court – Duty of Primary Court Judge to determine possession on relevant date – Forcible dispossession within two months. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and 68; Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990. | Download |
| 2016-02-02 | CA/PHC/0197/2007 |
Secretary, Provincial Ministry of Education v. Diyogu Hennadige Kusumawathi
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court appeal – Preliminary objections – Validity of petition of appeal – Petition not signed by registered Attorney-at-Law – Revocation of proxy and fresh proxy – Necessary parties – Mandatory appellate procedure – Technical non-compliance – Maintainability of appeal. | Provincial High Court appeal – Preliminary objections – Validity of petition of appeal – Petition not signed by registered Attorney-at-Law – Revocation of proxy and fresh proxy – Necessary parties – Mandatory appellate procedure – Technical non-compliance – Maintainability of appeal. Constitution – Article 154P(6); Court of Appeal Rules 1988 – particularly Rules 12(2) and 14. | Download |
| 2016-02-01 | CA/0484/1998(F) |
Mohamed Sameem Noorul Asma alias Asmi & Mohamed Hanifa Marikar Mohamed Faiz v. Mohamed Zaki Sithy Munawwara Saki & Others; application by Mohamed Sadikeen Mohamed Unais & Abdul Wahid Mohamed Unais
View More |
Hon. W.M.M. Malinie Gunaratne, J | Partition appeal – Application to set aside earlier Court of Appeal order – Re-hearing – Defendants not given notice or hearing – Due notice – Court’s inherent jurisdiction – Order made in absence of affected parties – Presumption of regularity of official acts – Petitioners seeking vacation of order excluding lots from corpus. | Civil Procedure Code – section 771; Evidence Ordinance – section 114, illustration (d); principles of natural justice and due notice. | Download |
| 2016-01-29 | CA/0191/2010 |
Gonapinuwalage Indrajith Sisira Kumara Vs. The Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda P.C.J. (PICA) and Hon. H. C. J. Madawala, J. | Possession of Heroin – Section 54A(d), Poisons, Opium and Dangerous Drugs Ordinance – Police raid – Recovery of heroin parcel – Accused fleeing from police – Proof of possession – Chain of custody – Inward journey of productions – Government Analyst’s Report – Continuity of productions – Failure to call material witness – Cumulative evidence – Section 114(f), Evidence Ordinance – Unsealed production – Fingerprint evidence – Dock statement – False implication – Failure to put defence case in cross-examination – Afterthought defence – Credibility of witnesses – Improbabilities in prosecution case – Conviction based on circumstantial and scientific evidence – Appellate review. | Poisons, Opium and Dangerous Drugs Ordinance – Section 54A(d); Evidence Ordinance – Section 114(f). | Download |
| 2016-01-29 | CA(PHC)/0013/2013 |
Satharasinghe Kamkanamage Nelson Sathyapala Vs. Ceylon Electricity Board.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J | Appeal against ejectment order – Government Quarters- Recovery of possession – Competent Authority – Notice to quit – Ejectment of occupier – Magistrate’s Court jurisdiction – Revision application – Definition of Competent Authority – Ceylon Electricity Board Chairman – Validity of affidavit – Technical defects in affidavit – Curable irregularities – Application of Section 9 – Procedural defects – Caption in application – Whether procedural non-compliance invalidates proceedings – Opportunity to show cause – Right to a fair hearing – Ex parte ejectment proceedings – Conclusive evidence of facts stated in application – Writ of possession – Scope of judicial review | Government Quarters (Recovery of Possession) Act No. 7 of 1969 (as amended by Act No. 8 of 1981 and Act No. 45 of 1985), Sections 3, 6 and 7 – Establishments Code, Chapter XIX, Section 9:1. | Download |
| 2016-01-29 | CA(PHC)/0161/2009 |
Lanka Salt Limited Vs. Indrani Seneviratne.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Appeal against dismissal of writ application – Writ of Certiorari – Writ of Prohibition – Mineral tax on salt production – Salt manufacturing industry – Liability to pay mineral tax – Interpretation of “mineral” – Whether salt constitutes a mineral – Mines and Minerals Act – Definition of minerals – Naturally occurring substances – Provincial Council taxation powers – Mining versus manufacturing – Tax on mineral production – Admission of liability – Correspondence acknowledging tax liability – Estoppel – Suppression of material facts – Failure to disclose material documents – Delay in invoking writ jurisdiction – Discretionary nature of writ remedies – Requirement of clean hands – Judicial review of administrative action – No entitlement to writs as of right. | Constitution of Sri Lanka, Article 140 (writ jurisdiction principles) – Mines and Minerals Act No. 33 of 1992, Sections 28, 67 and 70 – Relevant Provincial Council legislation and regulations relating to mineral taxes. | Download |
| 2016-01-29 | CA(PHC)APN/0092/2011 |
Assistant Labour Commissioner Vs. W.G.N.S. Ranaweera.
View More |
Hon. P.R.Walgama, J. | Revision application – Employees’ Provident Fund (EPF) recovery proceedings – Recovery of EPF contributions and surcharge – Certificate filed under Section 38(2) of the EPF Act – Magistrate’s Court jurisdiction – Summons to employer – Recovery as a fine – Revision against Magistrate’s order – High Court setting aside Magistrate’s order – Interpretation of Section 38(2) of the EPF Act – Relationship between Sections 17, 38(1), and 38(2) – Commissioner of Labour’s discretion – Impracticable or inexpedient recovery – Recovery through District Court – Direct recovery through Magistrate’s Court – Jurisdictional challenge – Misinterpretation of precedent – Ratio decidendi and obiter dicta – Recovery of employees’ statutory benefits – Employer’s liability for EPF arrears – Surcharge recovery – Legislative intent – Speedy recovery mechanism – Revisionary jurisdiction – Delay in filing appeal – Perverse order – Reinstatement of Magistrate’s order – Allowing revision application. | Employees’ Provident Fund Act No. 15 of 1958, as amended by Act No. 8 of 1971 and Act No. 1 of 1985, Sections 17, 38(1), and 38(2).Employees’ Provident Fund Act No. 15 of 1958, as amended by Act No. 8 of 1971 and Act No. 1 of 1985, Sections 17, 38(1), and 38(2). | Download |
| 2016-01-29 | CA/0141/99(F) |
Ceylon Scout Council Vs. H.S.L.Peiris
View More |
Hon. H.N.J.Perera, J. | Landlord and tenant relationship – Succession to tenancy upon death of original tenant – Unlawful demolition of tenanted premises and ejectment without due process of law – Claim for damages for loss of residence, loss of movables, and improvements made to premises – Burden of proof in claims for special damages – Requirement of precise and cogent evidence to establish pecuniary loss – Failure to prove expenditure on repairs and improvements – Admissibility and evidentiary value of unchallenged documents – Assessment of general damages for unlawful ejectment and loss of personal belongings – Variation of damages awarded by trial court. | Civil Procedure Code – Sections 84, 85, 86 and 87. | Download |
| 2016-01-29 | CA/0961/97(F) |
Ratgamage Luxman De Silva and 5 others Vs. Ratgamage Rohana De Silva
View More |
Hon. Deepali Wijesundera J. | Partition action – Appeal against interlocutory decree in partition proceedings – Validity of notice of appeal and petition of appeal – Change of attorney-at-law after judgment – Revocation of proxy and appointment of new attorney-at-law – Requirement of leave of court and notice to existing attorney-at-law for revocation of proxy – Whether filing a new proxy without properly revoking the earlier proxy is valid – Locus standi to institute appeal – Whether notice of appeal filed by an unauthorized attorney-at-law is a curable defect – Preliminary objection to maintainability of appeal – Dismissal of appeal for non-compliance with mandatory procedural requirements. | Civil Procedure Code – Sections 27(1), 27(2) and 759(2), Partition Law No. 16 of 1951 (as amended). | Download |
| 2016-01-29 | CA/PHC/0013/2013 |
Satharasinghe Kamkanamage Nelson Sathyapala v. Ceylon Electricity Board
View More |
Hon. W.M.M. Malinie Gunaratne, J | Government quarters – Recovery of possession – CEB employee/former occupier – Quit notice – Competent Authority – Magistrate’s ejectment order – Revision before Provincial High Court – Whether respondent qualified as competent authority – Statutory ejectment procedure – Appeal from High Court order. | Government Quarters (Recovery of Possession) Act No. 7 of 1969, as amended by Acts Nos. 8 of 1981 and 45 of 1985 – sections 3, 6 and 7. | Download |
| 2016-01-29 | CA/0141/1999 |
Ceylon Scout Council v. H.S.L. Peiris
View More |
Hon. H.N.J. Perera, J | Landlord and tenant – Demolition of tenant’s house – Unlawful ejectment – Damages – Loss of furniture and personal property – Breach of agreement – Repairs and improvements effected by tenant – Proof of landlord-tenant relationship – Assessment of damages – Appeal from District Court judgment awarding damages. | General civil law relating to tenancy, damages and breach of agreement. No specific statutory provision is identified in the extracted judgment. | Download |
| 2016-01-29 | CA/0961/1997 |
Ratgamage Luxman De Silva & Others v. Ratgamage Rohana De Silva
View More |
Hon. Deepali Wijesundera, J | Partition appeal – Notice of appeal – Petition of appeal – Registered Attorney-at-Law – Filing of new proxy without revoking existing proxy – Validity of appellate documents – Preliminary objection – Civil procedure governing appointment and revocation of registered attorney. | Civil Procedure Code – sections 27(1) and 27(2); procedural provisions governing notices and petitions of appeal. | Download |
| 2016-01-29 | CA/PHC/APN/0092/2011 |
Assistant Labour Commissioner, District Labour Office, Haputale v. W.G.N.S. Ranaweera, The Universal Works (Textiles) Project
View More |
Hon. P.R. Walgama, J | Revision – Employees’ Provident Fund – Certificate filed in Magistrate’s Court – Recovery of EPF contributions and surcharge – Whether Commissioner must first proceed through District Court recovery – Interpretation of section 38(2) – High Court setting aside Magistrate’s recovery order – Supreme Court authority on alternative recovery mechanisms – High Court interpretation held erroneous – Magistrate’s order restored – Application allowed. The document expressly labels the decision “JUDGMENT – 29.01.2016.” | Employees’ Provident Fund Act No. 15 of 1958 – sections 17, 38(1) and 38(2), as amended by Act No. 8 of 1971 and Act No. 1 of 1985; Constitution – Article 138(1). | Download |
| 2016-01-29 | CA/PHC/0161/2009 |
Lanka Salt Limited v. Indrani Seneviratne, Provincial Commissioner of Revenue & Another
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – Mineral tax – Manufacture of salt – Whether salt production amounts to mining operation – Provincial revenue authority – Levy of Rs.200 per metric ton later revised to percentage of gross turnover – Certiorari and Prohibition – Liability for mineral tax – Non-joinder and disclosure issues raised – High Court dismissal challenged. | Mines and Minerals Act – section 67; Constitution – Article 154P; High Court of the Provinces (Special Provisions) Act No. 19 of 1990; relevant Provincial mineral-tax Gazette notification dated 7 June 2002. | Download |
| 2016-01-28 | CA(PHC)/0071/2007 |
Weerasinghe Jayawardene Alexander Abeyratne Vs. The Hon. Attorney General.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Revision application – Revisionary jurisdiction – Discretionary remedy – Requirement of exceptional circumstances – Failure to plead exceptional circumstances – Dismissal of revision application – Confiscation of vehicle – Animal Act offences – Guilty plea by accused persons – Release of vehicle on bond – Failure to appear at inquiry – Repeated absence before Magistrate’s Court – Warrants issued – Forfeiture and confiscation proceedings – Burden on claimant to establish entitlement to vehicle – False affidavit – Contradictory explanations for non-appearance – Lack of candour before court – Clean hands doctrine – Attempt to mislead court-Powers of appellate court where appellant fails to appear – No basis for appellate intervention. | Code of Criminal Procedure Act No. 15 of 1979, Section 349(3) – Animal Act. | Download |
| 2016-01-28 | CA(REV)/1447/2006 |
V.S. Palliyaguru Vs. A.W. Kuruppu.
View More |
Hon. M.M.A.Gaffoor,J. | Revision application – restitutio in integrum – de novo trial – – land dispute – forgery allegation – failure to cross-examine – defendant absence – remand custody excuse – negligence – abandonment of defence – Section 145 CPC – Section 144 CPC – default for non-prosecution – judicial discretion – plaintiff evidence accepted – notarial attestation presumption – burden of proof – revisionary jurisdiction – procedural regularity – no exceptional circumstances – delay – lack of promptitude – dismissal with costs. | Civil Procedure Code – Sections 144, 145- Notaries Ordinance – Section 31(20)(c). | Download |
| 2016-01-28 | CA/REV/1447/2006 |
Vajira Swarnapali Palliyaguru v. Asoka Wanniarachchi Kuruppu
View More |
Hon. M.M.A. Gaffoor, J | Revision and restitutio in integrum – District Court judgment – Forged deed allegations – Defendant absent during continuation of trial – Defendant in remand custody – Failure to communicate with attorney or take reasonable steps to participate – Negligence and lack of diligence – Request to set aside District Court judgment and order trial de novo – Exceptional circumstances – Revisionary jurisdiction – Restitutio in integrum – Application refused. | Civil Procedure Code – section 145; principles governing revisionary jurisdiction and restitutio in integrum. | Download |
| 2016-01-28 | CA/PHC/0071/2007 |
Weerasinghe Jayawardene Alexander Abeyratne v. Officer in Charge, Police Station, Kolonna & Hon. Attorney General
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court appeal – Vehicle confiscation – Accused pleading guilty to offences under Animal Act – Vehicle released on bond pending inquiry – Claimant repeatedly absent from inquiry – Magistrate confiscating vehicle – Revision before Provincial High Court – Exceptional circumstances – Revisionary jurisdiction discretionary – Appellant giving inconsistent explanations for absence – False affidavit – Clean hands – High Court order upheld – Appeal dismissed. | Animal Act; Code of Criminal Procedure Act – section 349(3); constitutional/Provincial High Court revisionary jurisdiction. The extracted judgment does not specify the particular Animal Act section numbers. | Download |
| 2016-01-26 | CA/0166/14 |
Vithanage Palitha Vs. The Hon. Attorney General
View More |
Hon. H.N.J.Perera,J. and Hon.K.K. Wickermasinghe, J. | Rape and Grave Sexual Abuse – Child victim – Identification evidence – Mistaken identity – Opportunity for observation – Prompt identification of accused – Credibility of prosecutrix – Corroborative medical evidence – Recent vaginal penetration – Failure to produce accused’s medical report – Whether adverse inference arises – Application under section 200 of the Code of Criminal Procedure Act – Prima facie case – Refusal to hear submissions under section 200 – Judicial bias – Remand during trial – Appellate review of findings of fact and credibility. | Penal Code, ss. 364(2), 365B(2)(b); Code of Criminal Procedure Act, s. 200. | Download |
| 2016-01-26 | CA/0166/2014 |
Vithanage Palitha v. Hon. Attorney General
View More |
Hon. H.N.J. Perera, J | Criminal appeal – Rape of girl under 16 – Grave sexual abuse – Identification – Victim seeing assailant under available lighting – Alleged mistaken identity – Trial judge remanding accused after examination-in-chief – Application at close of prosecution case – Alleged judicial bias/prejudgment – Credibility of prosecutrix – Convictions challenged. | Penal Code – section 364(2) and section 365B(2)(b), as amended by Act No. 29 of 1998; Code of Criminal Procedure Act – sections 200 and 331. | Download |
| 2016-01-25 | CA/0286/2006 |
Abdul Cader Mohamed Salim Vs. The Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda P.C.J. (PICA) and Hon. H. C. J. Madawala, J. | Possession of Heroin – Conviction for drug possession – Appeal against conviction and sentence – Burden of proof – Prima facie case – Evaluation of defence evidence – Credibility of police witnesses – Informant-led narcotics raid – Recovery of heroin from accused – Chain of custody – Weighing and sealing of productions – Alleged procedural irregularities – Material infirmities in prosecution case – Contradictions and omissions – False implication defence – Assessment of dock statement – Character evidence – Previous conviction – Judicial bias . | Poisons, Opium and Dangerous Drugs Ordinance, Section 54A(d) (as amended by Act No. 13 of 1984). | Download |
| 2016-01-25 | CALA/0006/2013 |
Pitiduwa Gamage Sumith Rohana Vs. The Hon. Attorney General and two others
View More |
Hon. Vijith K. Malalgoda P.C.J. (PICA) and Hon. H. C. J. Madawala, J. | Appeal by aggrieved party – Leave to appeal against sentence – Plea of guilty – Unlawful assembly – Abduction – Causing hurt – Conviction on plea of guilt – Subsequent acquittal after conviction – Whether trial judge could acquit accused after recording conviction – Per incuriam orders – Requirement of five or more persons for unlawful assembly – Conviction despite discharge of co-accused – Participation of unidentified offenders – Sentencing principles – Aggravating and mitigating factors – Adequacy of sentence – Suspended sentence – Compensation to victim – Judicial discretion in sentencing – Concurrent sentences. | Judicature Act, Section 16 – Code of Criminal Procedure Act No. 15 of 1979, Section 340 – Penal Code, Sections 32, 138, 140, 146, 314 and 356. | Download |
| 2016-01-22 | CALA/0394/2006 |
Ceylinco Insurance Company Ltd. Vs. K.M. Prabath.
View More |
Hon.Deepali Wijesundera, J. and Hon. M.M.A.Gaffoor,J. | Insurance policy – Fire and burglary insurance – Rejection of insurance claim – Time bar – Limitation clause – Fraud clause – Interpretation of insurance contract – Preliminary issues – Trial of issues of law – Whether claim barred by policy conditions – Fraudulent claim – False declaration – Forfeiture of benefits – Time limit for insurer\'s liability – Distinction between special and general contractual provisions – Mixed question of law and fact – Necessity of evidence – Disputed facts – Judicial discretion – Refusal to try issue as pure question of law – Maintainability of action. | Civil Procedure Code, Section 147. | Download |
| 2016-01-22 | CA(PHC)/0023/2015 |
Balangoda Ranaweerage
Berti Chandrasena Vs. The Hon. Attorney General.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Revision application against sentence – Plea of guilty – Cruelty to children – Child abuse – Ill-treatment of child – Wilful neglect – Failure to provide food – Custody and care of child – Conviction on plea of guilt – Sentencing discretion – Minimum statutory sentence – Rigorous imprisonment – Suspended sentence – Compensation to victim – Mitigating factors – First offender – Request for reduction of sentence – Custodial sentence – Welfare of offender’s family – Mental trauma suffered by offender’s child – Revisionary jurisdiction – Failure to exercise right of appeal – Requirement of exceptional circumstances – Revision not a substitute for appeal – Absence of miscarriage of justice – Adequacy of sentence – Judicial reluctance to interfere with sentence – Child protection considerations. | Penal Code (as amended by Act No. 22 of 1995), Section 308A – Code of Criminal Procedure Act No. 15 of 1979 (provisions relating to appeals and revision). | Download |
| 2016-01-22 | CA/0855/97(F) |
Pettagan Jinadasa alias Pettagan Jandasa and One another Vs. Obinamuni Methsiri De Silva and Others
View More |
Hon. M.M.A.Gaffoor, J. | Partition action – Identification of corpus in a partition suit – Competing survey plans and reports – Whether the corpus is correctly depicted in the preliminary plan or the Surveyor General’s plan – Evaluation of survey evidence and title deeds in determining identity of land – Admissions by parties regarding devolution of title – Contradictory claims by defendant regarding extent and identity of corpus – Evidentiary value of plans referred to in title deeds – Presumption arising from failure to produce material evidence – Scope of appellate intervention in findings of fact relating to identification of corpus – Affirmation of interlocutory decree where trial judge’s findings are supported by evidence. | Partition Law No. 16 of 1951 (as amended), Evidence Ordinance – Section 114 (presumption arising from non-production of evidence). | Download |
| 2016-01-22 | CA/0891/99(F) |
Union Assurance Limited Vs. P.Lalith Perera
View More |
Hon. H.N.J.Perera, J. | Insurance agency relationship – Claim for unpaid insurance commissions under an oral agreement – Reduction of commissions by insurer – Whether notice of revised commission structure was given to insurance agent – Prescription of claims arising from unwritten contracts – Limitation period applicable to oral agreements – Burden of proof in claims for monetary recovery – Requirement of precise proof of pecuniary loss – Failure to prove entire amount claimed – Recovery limited to sums established by documentary evidence – Scope of appellate interference with findings of primary fact – Variation of damages awarded by trial court. | Prescription Ordinance – Section 7, Civil Procedure Code – Sections 84, 85, 86 and 87. | Download |
| 2016-01-22 | CA/LA/0394/2006 |
Ceylinco Insurance Company Ltd. v. K.M. Prabath
View More |
Hon. Deepali Wijesundera, J | Leave to appeal – Insurance contract – Burglary claim – Rejection of insurance claim – Limitation period under policy – Clause 18 fraud provision versus Clause 20 general time limit – Preliminary issues – Need to establish factual basis of fraud before deciding legal issue – District Court properly directing matter to trial – Application refused with Rs.100,000 costs. M.M.A. Gaffoor J. agreed. | Civil Procedure Code – sections 147 and 757; contractual Conditions 18 and 20 of the insurance policy. | Download |
| 2016-01-22 | CA/0855/1997 |
Pettagan Deepika, substituted for Pettagan Jinadasa alias Pettagan Janadasa v. Obinamuni Methsiri de Silva & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition action – Identification of corpus – Preliminary plan – Surveyor General’s plan – Extent of land – Competing survey plans – Devolution of title admitted – Allegation that preliminary plan was fraudulent – Trial Judge’s evaluation of plans and deeds – Appellate review of findings relating to corpus. | Partition law principles governing identification of the corpus, investigation of title and interlocutory decree. | Download |
| 2016-01-22 | CA/0891/1999 |
Union Assurance Limited v. P. Lalith Perera
View More |
Hon. H.N.J. Perera, J | Insurance agent – Oral agreement – Commission – Reduction of commission rates – Circular introducing sliding scale – Whether agent received notice – Prescription – Six-year period applicable to oral agreement – Estoppel – Findings of primary fact – Appellate interference with credibility findings. | Prescription law governing claims arising from oral agreements; general contractual principles. | Download |
| 2016-01-22 | CA/PHC/APN/0023/2015 |
Balangoda Ranaweerage Berti Chandrasena v. Hon. Attorney General
View More |
Hon. P.R. Walgama, J | Revision – Cruelty to child – Father and co-accused pleading guilty – Child deprived of food and assaulted – Minimum custodial sentence – Request to convert imprisonment to suspended sentence – First offender – Mitigation – Statutory minimum sentence – Revision instead of statutory appeal – Exceptional circumstances – No miscarriage of justice – Sentence left undisturbed – Revision dismissed without costs. The judgment itself expressly states “JUDGMENT – 22/01/2016.” | Penal Code – section 308A, as amended by Penal Code (Amendment) Act No. 22 of 1995; Constitution – Article 138. | Download |
| 2016-01-21 | CA/0081/14 |
Aparekka Jayasundara
Mudiyanselage Jayathilaka
Jayasewana Vs. The Hon. Attorney General
View More |
Hon. H.N.J.Perera, J. and Hon. K.K.Wickramasinghe, J. | Appeal against conviction for rape of a minor adopted daughter – Credibility of child victim’s testimony – Whether conviction can be sustained primarily on the evidence of the victim without direct corroboration – Whether discrepancies concerning the time of the offence, absence of the alleged letter to police, and uncertainty as to penetration created reasonable doubt – Interpretation of statutory requirements regarding particulars of time in an indictment – Whether the period stated in the indictment sufficiently informed the accused of the case he had to meet – Assessment of evidence of child victims subjected to sexual abuse by guardians. | Penal Code, s. 364(2)(e) (as amended by Act No. 22 of 1995); Code of Criminal Procedure Act, ss. 165(1) and 174(1)–(2). | Download |
| 2016-01-21 | CA/0081/2014 |
Aparekka Jayasundara Mudiyanselage Jayathilaka Jayasewana v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Rape of minor/adopted daughter – Credibility of prosecutrix – Delay and circumstances surrounding disclosure – Medical evidence – Evidence of mother and other witnesses – Evaluation of prosecution evidence – Conviction and sentence – Appellate review. | Penal Code – section 364(2)(e), as amended by Act No. 22 of 1995; Code of Criminal Procedure Act – section 331. | Download |
| 2016-01-20 | CA/WRT/05/2013 and CA/WRT/06/2013 |
T.M.C.S Bandara and one another Vs. N. Abayawickrema and Others
View More |
Hon. Vijith K. Malalgoda PC J (P/CA) | Writ jurisdiction – Certiorari – Mandamus – Prohibition – pension reduction – pension recovery – overpayment recovery – impugned decisions – retired public officers – Investigating Officers (Local Government) – salary anomalies – pension revision – retrospective application – recovery of pension overpayments – administrative discretion – judicial review – pension not absolute right – absence of vested legal right – – legality of recovery – good faith calculation – eligibility cut-off date – no arbitrariness. | Minutes on Pensions – Rule 1-Public Administration Circular No. 44/1990-Public Administration Circular No. 2/97 (iii)-Public Administration Circular No. 16/1994-Public Administration Circular No. 01/1997-Public Administration Circular No. 05/1999. | Download |
| 2016-01-20 | CA/1277/99(F) |
Srimathi Malkanthi Karunanayake Vs. Mohamed Aliyar Abdul Gaffoor
View More |
Hon. H.N.J.Perera, J. | Servitude right of way – Claim for declaration of right of access over roadway – Defendant’s claim in reconvention for exclusive ownership and damages – Interpretation of deed reserving right of use to vendor, heirs and assigns – Whether successors in title were entitled to use the roadway – Exclusive use and possession of roadway – Claim of prescriptive title – Failure to establish uninterrupted and exclusive possession – Burden of proving damages in reconventional claim – Withdrawal of original action – Continuation of reconventional action | No specific statutory provision cited;General principles governing servitudes, easements, and prescriptive title under Sri Lankan property law. | Download |
| 2016-01-20 | CA/0066/14 |
Baddurdeen Sajeer Arfeth Vs. The Hon. Attorney General
View More |
Hon. H.N.J.Perera, J. and Hon. K.K.Wickramasinghe, J. | Grave sexual abuse of a child under 16 years – Appeal against conviction and sentence – Failure to read and explain indictment to accused – Failure to record plea of guilty or not guilty – Mandatory procedural safeguards in criminal trials – Right of accused to understand charges – Indictment served in a language not understood by accused – Requirement of translation and explanation of charges – Non-compliance with statutory procedure – Violation of fair trial requirements – Conviction vitiated by procedural irregularity | Penal Code – Section 365B(2)(b); Criminal Procedure Code – Section 196. | Download |
| 2016-01-20 | CA/0138/2011 |
Kalawila Pathirage Piyal Wickramarathne Vs. The Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, P.C.J. (P/CA) and Hon. S. Devika de L. Tennakoon, J. | Whether prior testimony could be admitted under section 33 of the Evidence Ordinance when the witness had not been tendered for cross-examination – Requirement under the Criminal Procedure (Special Provisions) Act for tendering witnesses for cross-examination before deposition may be treated as admissible evidence – Failure of prosecution to establish the death of the witness and satisfy statutory prerequisites for admission of former testimony – Whether conviction and sentence should be quashed. | Penal Code, s. 296; Evidence Ordinance, s. 33; Criminal Procedure (Special Provisions) Act No. 14 of 2005, s. 10; Code of Criminal Procedure Act, s. 328(b). | Download |
| 2016-01-20 | CA/1277/1999 |
Srimathi Malkanthi Karunanayake v. Mohamed Aliyar Abdul Gaffoor
View More |
Hon. H.N.J. Perera, J | Servitude/right of way – Twelve-foot roadway – Claim in reconvention – Ownership of roadway – Rights reserved in deed – Heirs and assigns – Exclusive use – Prescription – Prior judgment concerning roadway – Appellate restraint in disturbing findings of primary fact – Claim for damages rejected. | Prescription principles; law relating to servitudes and rights created/reserved by deed. | Download |
| 2016-01-20 | CA/0066/2014 |
Baddurdeen Sajeer Arfeth v. Hon. Attorney General
View More |
Hon. K.K. Wickramasinghe, J | Criminal appeal – Grave sexual abuse of child under 16 – Failure to read and explain indictment – Failure to record plea – Accused not understanding language of indictment – Mandatory criminal procedure – Fundamental statutory safeguard – Translation of indictment – Conviction vitiated – Retrial. | Penal Code – section 365B(2)(b), as amended by Acts Nos. 22 of 1995 and 29 of 1998; Code of Criminal Procedure Act – sections 196 and 331. | Download |
| 2016-01-20 | CA/0138/2011 |
Kalawila Pathirage Piyal Wickramarathne v. Hon. Attorney General
View More |
Hon. Vijith K. Malalgoda, PC, J (P/CA) | Criminal appeal – Murder – Evidence of deceased witness from non-summary inquiry – Admission of previous evidence – Failure to establish death of witness – Witness not tendered for cross-examination at non-summary inquiry – Inadmissible evidence considered by trial judge – Material irregularity – Conviction and sentence quashed – Retrial ordered. S. Devika de L. Tennakoon J. agreed. | Penal Code – section 296; Evidence Ordinance – section 33; Criminal Procedure (Special Provisions) Act No. 14 of 2005 – section 10; Code of Criminal Procedure Act – section 328(b). | Download |
| 2016-01-19 | CA(PHC)/0050/2008 |
Kalumuni Himali Vs. Dunuwita Liyange Chandrika.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Appeal – Roadway dispute – Proceedings under the Primary Courts Procedure Act – Inquiry under Section 66 – Obstruction of roadway – Right of way – Servitude rights – Determination of rights relating to land other than possession – Entitlement to use roadway – Long and uninterrupted use of roadway – Police complaint regarding obstruction – Affidavit evidence – Evaluation of documentary and affidavit evidence – Magistrate\'s findings on entitlement – Removal of obstruction from roadway – Cinnamon cultivation obstructing access – Revision application to High Court – Scope of appellate review. | Primary Courts Procedure Act No. 44 of 1979, Sections 66 and 69(1). | Download |
| 2016-01-19 | CA(PHC)/0243/2004 |
B. Jayarathne Vs. Assistant Agrarian Service and one another
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Appeal against dismissal of writ application – Writ of Certiorari – Writ of Mandamus – Agrarian Services Act – Tenant cultivator rights – Alleged unlawful eviction – Eviction order by Assistant Commissioner of Agrarian Services – Inquiry under Agrarian Services Act – Dispute regarding cultivation rights – Failure to challenge original order – Finality of administrative decisions – Statutory bar against judicial challenge – Appeal by dispossessed cultivator dismissed – Consequential eviction notice – Whether eviction order could be quashed – Delay in asserting rights – Requirement to exhaust statutory remedies – Final and conclusive orders – Mandamus to compel holding of inquiry – Failure to establish legal right to inquiry – Disputed authenticity of supporting documents – Alleged forged or disputed letter – Burden of proof – Judicial review of administrative action – Discretionary nature of writ remedies – Refusal of Certiorari and Mandamus. | Agrarian Services Act No. 58 of 1979, Sections 5(3) and 5(6) – Constitution of Sri Lanka, Article 140 (writ jurisdiction principles). | Download |
| 2016-01-19 | CA/WRT/1039/2008 |
Diyawattegedara Gunawtahie Vs. Gallinda Wattegedara Gunapala and 5 Others.
View More |
Hon. A.H.M.D.Nawaz, J. | Writ jurisdiction – Certiorari – Rent Board proceedings – tenancy dispute – succession of tenancy – implied partnership – business continuity – appeal on question of law only – final and conclusive decision – interpretation ordinance Section 22 – jurisdictional limits – evaluation of evidence – uncontradicted testimony – documentary evidence – partnership inference – tenancy rights of surviving partner – judicial review limits. | Rent Act No. 7 of 1972 – Sections 36(1)(c)(ii), 36(2)(c)(ii), 40(4), 40(11); Interpretation Ordinance – Section 22. | Download |
| 2016-01-19 | CA/WRT/1039/2008 |
Diyawattegedara Gunawathie v. Gallinda Wattegedara Gunapala & Chairman and Members of the Rent Board of Review
View More |
Hon. A.H.M.D. Nawaz, J | Writ of Certiorari – Rent Board – Business premises – Succession to tenancy – Implied partnership between brothers – Original tenant deceased – Surviving business partner claiming tenancy – Rent Board determining tenancy – Rent Board of Review affirming determination – Final and conclusive decision – Limits of certiorari – No violation of natural justice or mandatory law – No material question of law – Application dismissed. | Rent Act No. 7 of 1972 – sections 36(1), 36(1)(c)(ii), 36(2)(c)(ii) and 40(11); Rent (Amendment) Act No. 26 of 2002; Interpretation Ordinance – section 22; Constitution – Article 140. | Download |
| 2016-01-19 | CA/PHC/0050/2008 |
Kalumuni Himali v. Dunuwita Liyange Chandrika
View More |
Hon. W.M.M. Malinie Gunaratne, J | Primary Court land dispute – Right of way – Section 66 proceedings – Roadway used for 19 years – Distinction between possession and right relating to land – Entitlement to servitude/right of way – Magistrate finding respondent entitled to use roadway – Revision before High Court dismissed – Appellant absent before Court of Appeal – High Court judgment affirmed – Appeal dismissed. P.R. Walgama J. agreed. | Primary Courts’ Procedure Act No. 44 of 1979 – sections 66 and 69(1); Constitution – Article 154P(6); High Court of the Provinces (Special Provisions) Act No. 19 of 1990 – section 2. | Download |
| 2016-01-19 | CA/PHC/0243/2004 |
B. Jayarathne v. Assistant Agrarian Service Commissioner of Hambantota & A.A. Dayasena
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – Tenant cultivator – Agrarian Services inquiry – Alleged eviction – Earlier determination that applicant had not been evicted but directing present appellant’s removal – Earlier Court of Appeal proceedings – Failure to appeal original statutory determination – Final and conclusive administrative decision – Certiorari and Mandamus – Failure to establish basis for fresh inquiry – High Court refusal of writ relief affirmed. | Agrarian Services Act No. 58 of 1979 – sections 5(3) and 5(6); constitutional/Provincial High Court writ jurisdiction. | Download |
| 2016-01-18 | CA/WRT/0085/2013 |
Billion Bay Apparels (Pvt) Ltd. Vs. Chief Minister and Others.
View More |
Hon. A.H.M.D. Nawaz, J. | Judicial review – writ proceedings – preliminary objection – amendment of affidavits – defective jurat – omission of place of attestation – validity of affidavits – maintainability – counter-affidavit objection – delay in amendment – hearsay evidence – affidavit evidence rule – direct evidence requirement – interlocutory applications – affidavit admissibility – corroboration – procedural irregularity – Commissioner for Oaths duty –jurat requirements – statutory duty – affiant not liable for Commissioner’s omission – curable defect – substantial justice over technicality – substance over form –defective affidavit not nullity – irregularity vs illegality – judicial discretion – liberal approach to affidavits – supervisory jurisdiction. | Court of Appeal (Appellate Procedure) Rules 1990 – Rule 3(8); Civil Procedure Code – Section 181; Oaths and Affirmation Ordinance – Sections 9 and 12(3). | Download |
| 2016-01-18 | CA/0411/1997(F) |
Hunter and Company Limited Vs. Delmege Forsyth and Company Limited.
View More |
Hon. A.H.M.D. Nawaz, J. | Servitude of natural drainage (ius fluminis) – Dominant and servient tenements – Discharge of rainwater and wastewater – Excessive burden on servient tenement – Natural flow of water – Prescription and vetustas (immemorial user) – Immissiones – Nuisance – Discharge of sewage and noxious matter – Scope and limits of servitudal rights – Injunction – Appellate review of trial court findings – Roman-Dutch law. | Roman-Dutch Law principles relating to servitudes and immissiones (including the maxim sic utere tuo ut alienum non laedas). | Download |
| 2016-01-18 | CA/0411/1997 |
Hunter and Company Limited v. Delmege Forsyth and Company Limited
View More |
Hon. A.H.M.D. Nawaz, J | Servitude of natural drainage – Ius fluminis / servitus fluminis recipiendi – Dominant and servient tenements – Natural flow of rainwater – Excessive discharge – Wastewater – Sewage and noxious matter – Scope of drainage servitude – Injunction – Nuisance – Appellate review of trial findings – Roman-Dutch law. | Roman-Dutch law/common-law principles governing natural drainage and servitudes. | Download |
| 2016-01-18 | CA/WRT/0085/2013 |
Billion Bay Apparels (Pvt) Ltd. v. Chief Minister, Sabaragamuwa Provincial Council & Others
View More |
Hon. A.H.M.D. Nawaz, J | Writ proceedings – Preliminary objection – Defective jurats – Affidavits failing to state place of affirmation – Application to amend affidavits – Curable procedural irregularity – Hearsay in affidavits – Supporting affidavits by some respondents only – Whether all respondents must swear affidavits – Court’s power to permit amendment – Procedural rules facilitating determination on merits – Preliminary objection overruled – Amendment permitted. Vijith K. Malalgoda PC J. agreed. | Constitution – Article 140; Court of Appeal (Appellate Procedure) Rules 1990 – Rules 3(1)(a), 3(5), 3(7) and 3(8); Civil Procedure Code – section 181. | Download |
| 2016-01-14 | CA(PHC)/0007/2006 |
W.D. Leelawathie Vs. M.U. Wijeratne Menike alias W.P Wijeratne Menike and 2 Others.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Appeal against revision order – Land dispute – Obstruction of roadway – Breach of peace – Information under Section 66 of the Primary Courts Act – Duty of Magistrate to inquire into dispute – Failure to make order under Section 66 – Revision application – Roadway rights – Servitude rights – Use and enjoyment of roadway – Police report and affidavits as evidence – Jurisdiction of Magistrate in land disputes – Order under Section 69 of the Primary Courts Act – Possession and entitlement for the time being – Proof of right of way – Scope of revisionary jurisdiction – High Court setting aside Magistrate’s order. | Primary Courts Procedure Act No. 44 of 1979, Sections 66 and 69. | Download |
| 2016-01-14 | CA(PHC)/0016/2000 |
Crest Gems Limited Vs. Colombo Municipal Council and 2 Others.
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J | Appeal against Magistrate’s Court order – Recovery of municipal taxes – Trade tax – Annual tax on business premises – Non-payment of tax – Preliminary objection – Prescription – Limitation period – Maintainability of proceedings – Municipal Council Ordinance – Scope of Magistrate’s jurisdiction – Recovery proceedings as a fine – Interpretation of statutory provisions – Meaning of “trade” – Meaning of “industry” (Karmanthaya) – Manufacturing and export of jewellery – Showroom business – Sinhala and English texts of statute – Statutory interpretation – Dictionary meaning of statutory terms – Whether jewellery manufacturing constitutes an industry – Municipal taxation powers. | Municipal Councils Ordinance, Sections 247, 247B and 308. | Download |
| 2016-01-14 | CA(PHC)/0037/2008 |
Divisional Secretary and 2 Others Vs. Sivanu Sinnasamy and Others
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Appeal – Writ jurisdiction – Writ of Certiorari – Writ of Prohibition – Acquisition of land – State land – Provincial High Court jurisdiction – Powers of Provincial High Courts – Challenge to land acquisition – Burden of proving State ownership – Failure to produce acquisition documents – Gazette notification irrelevant to disputed land – Refugee landowners – Vesting of land in the State – Laches – Jurisdictional objections – Provincial Council powers over land – Devolved and non-devolved subjects – Applicability of Article 154P(4) of the Constitution – Judicial review of administrative action. | Constitution of the Democratic Socialist Republic of Sri Lanka, Article 154P(4)(b) – Thirteenth Amendment to the Constitution – Ninth Schedule (Provincial Council List), Item 18 (Land and Land Settlement) – Article 33(d) of the Constitution. | Download |
| 2016-01-14 | CA/1234/96(F) |
K. Karunasena Vs. V.A. Kusumawathie and Others
View More |
Hon. Deepali Wijesundera J. and Hon. M. M. A. Gaffoor J. | Partition action – Appeal against interlocutory decree in partition proceedings – Allotment of shares among co-owners – Failure to allot shares transferred by deeds produced in evidence – Whether deeds tendered and marked at trial should be recognized in the partition decree – Erroneous finding that deeds were not tendered to court – Amendment of interlocutory decree to reflect transfers established by documentary and oral evidence – Adjustment and reallocation of shares transferred by parties pendente lite – Whether amendments to the decree would prejudice rights of other parties – Remittal to District Court for amendment of decree and issuance of commission for final partition. | Partition Law No. 16 of 1951 (as amended), Civil Procedure Code. | Download |
| 2016-01-14 | CA/LA/0156/2004 |
Karunawathie Wanniarachchi v. Madawita Withanage Sirisena & Others
View More |
Hon. M.M.A. Gaffoor, J | Leave to appeal – District Court jurisdiction – State Mortgage and Investment Bank – Mortgage bonds – Declaratory relief – Statutory ouster clause – Allegation of fraud – Challenge to validity of bank resolution – Whether District Court could entertain action – Failure expressly to traverse jurisdiction – Preliminary objection. | State Mortgage and Investment Bank Law No. 13 of 1975 – section 50; Civil Procedure Code – sections 76 and 217(d), (g). | Download |
| 2016-01-14 | CA/PHC/0007/2006 |
W.D. Leelawathie v. M.U. Wijeratne Menike alias W.P. Wijeratne Menike & Others
View More |
Hon. P.R. Walgama, J | Primary Court land dispute – Alleged obstruction of roadway – Breach of peace – Information filed by police – Magistrate finding circumstances did not warrant jurisdiction – Revision before Provincial High Court – Appeal from High Court order – Scope of section 66 proceedings. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66; Constitution – Articles 138 and provisions governing Provincial High Court jurisdiction. | Download |
| 2016-01-14 | CA/PHC/0016/2000 |
Crest Gems Limited v. Colombo Municipal Council & Others
View More |
Hon. P.R. Walgama, J | Municipal taxation – Trade tax – Default in payment – Recovery proceedings before Magistrate – Preliminary objection based on prescription – Whether proceedings commenced within statutory period – Magistrate and Provincial High Court orders challenged – Appeal concerning statutory recovery of municipal tax. | Municipal Councils Ordinance – sections 247, 247B and 308; Constitution – Provincial High Court appellate jurisdiction. | Download |
| 2016-01-14 | CA/1234/1996 |
K. Karunasena v. Y.A. Kusumawathie & Others
View More |
Hon. M.M.A. Gaffoor, J | Partition action – Devolution of title – Shares – Deed of transfer – Ten-perch extent – Trial Judge incorrectly finding deed was executed after institution of action – Documentary evidence actually tendered at trial – Amendment of share entitlement – Appellate correction of interlocutory decree. | Partition law principles governing investigation and allocation of title and shares. | Download |
| 2016-01-14 | CA/PHC/0037/2008 |
Divisional Secretary, Manmunai North & Others v. Sivanu Sinnasamy and Puspawathy Sinnasamy; Perumall Subramaniam and Nithiyakalyani Subramaniam; Nesiah Nagendran and Chandrathevi Nagendran
View More |
Hon. P.R. Walgama, J | Provincial High Court writ appeal – Certiorari and Prohibition – Acquisition/interference with privately owned lands – Petitioners displaced during ethnic conflict – Ministerial direction concerning land – Provincial High Court granting writ relief – Scope of writ jurisdiction under Article 154P – State/public authority action involving land – Appeal from High Court judgment. The document expressly labels the Court of Appeal decision “JUDGMENT – 14.01.2016.” | Constitution – Article 154P(4)(b); High Court of the Provinces (Special Provisions) Act No. 19 of 1990. | Download |
| 2016-01-13 | CA/WRT/0633/2011 |
W.M. Jayaweera and one another Vs. The Commissioner General of Excise and Others.
View More |
Hon. Vijith K. Malalgoda PC, J. (P/CA) | Writ jurisdiction – Certiorari – Mandamus – FL 04 liquor license – relocation of licensed premises – r “government activity – road widening – tenancy expiry – public objections – administrative decision-making – bias allegation – natural justice – right to hearing – public inquiry – administrative law principles – judicial review limits – adequacy of reasons – public interest vs private rights – law and order considerations – excise licensing discretion. | Excise Ordinance (Sri Lanka)-Excise Notification No. 902 (Guidelines 13, 21, 27). | Download |
| 2016-01-12 | CA/0161/2013 |
Lenaduwa Alias Lenawa Lokuge Susantha Indralal Vs. The Hon. Attorney General
View More |
Hon. H.N.J.Perera,J. and Hon.K.K. Wickermasinghe, J. | Withdrawal of appeal by accused-appellant – Application to backdate sentence to the date of conviction under section 359 of the Criminal Procedure Code – Legality of default sentences imposed in lieu of fine and compensation – Whether default terms of imprisonment exceeded statutory limits – Amendment of sentence imposed in default of payment of fine and compensation – Direction that sentence be implemented from the date of conviction – | Code of Criminal Procedure Act, s. 359. | Download |
| 2016-01-12 | CA(PHC)0242/2003 |
Vijitha Rohana Ramasundera Vs. Galvatumbe Desanayakege Desanayake
View More |
Hon. W.M.M.Malinie Gunarathne, J. and Hon. P.R.Walgama, J. | Appeal against dismissal of writ application – Writ of Certiorari – Agrarian Development Act – Anda cultivator – Tenant cultivator rights – Order to quit agricultural land – Inquiry under Section 7(7) – Alleged violation of natural justice – Failure to grant hearing – Challenge to administrative decision – Judicial review of administrative action – Dismissal of writ petition – Appeal on a question of law – Non-compliance with appellate procedure – Failure to specify substantial question of law – Absence of attorney’s certificate – Defective petition of appeal – Failure to cite necessary parties – Non-joinder of indispensable parties – Suppression of material facts – Duty of full and frank disclosure – Pending ejectment proceedings – Attempt to mislead court – Discretionary nature of writ remedies – Clean hands doctrine – Refusal of appellate intervention | Agrarian Development Act No. 46 of 2000, Section 7(7) – Court of Appeal (Procedure for Appeals from High Courts) Rules 1988, Rule 4(2). | Download |
| 2016-01-12 | CA/0161/2013 |
Lenaduwa alias Lenawa Lokuge Susantha Indralal v. Hon. Attorney General
View More |
Hon. H.N.J. Perera, J | Criminal appeal – Withdrawal of appeal – Variation of sentence – Default imprisonment – Fine – Compensation – Backdating sentence to date of conviction – Appeal dismissed subject to variations. K.K. Wickremasinghe J. agreed. | Code of Criminal Procedure Act No. 15 of 1979 – section 359. | Download |
| 2016-01-12 | CA/PHC/0242/2003 |
Vijitha Rohana Ramasundera v. Galvatumbe Desanayakege Desanayake & Assistant Commissioner of Agrarian Development, Hambantota
View More |
Hon. W.M.M. Malinie Gunaratne, J | Provincial High Court appeal – Writ of Certiorari – Anda cultivator – Agrarian Development inquiry – Quit notice – Alleged breach of natural justice – Failure to properly formulate questions of law in petition of appeal – Attorney-at-Law certificate – Necessary parties – Non-disclosure of material facts – Defective petition – High Court judgment affirmed – Appeal dismissed with costs. | Agrarian Development Act No. 46 of 2000 – section 7(7); Court of Appeal (Procedure for Appeals from High Courts) Rules 1988 – Rule 4(2). | Download |
| 2016-01-11 | CA/1050/2000(F) |
Najith Gunaratne Jayathilake and Others Vs. Sandadura Nimal de Silva Gunasekara and Others
View More |
Hon. A.H.M.D. Nawaz, J. | Partition - Investigation of Title - Pedigree, Introduction of Fresh Evidence - Appellate Procedure | Download | |
| 2016-01-10 | CA/PHC/0144/2008 |
Pahala Gamage Dhannasena Vs. Pahala Gamage Ariyapala
View More |
Hon. L.T.B. Dehideniya, J. | Dispossession, land, proof | Primary Court Procedure Act, No. 44 of 1979 | Download |
| 2016-01-09 | CA/PHC/0126/2003 |
Mohamed Uwais v. Thangavelu Murugaiaya
View More |
Hon. H.C.J. Madawala, J | Primary Court land dispute – Forcible dispossession – Private information – Threat of breach of peace – Possession since 1991 – Land Reform Commission land – Construction of house – Magistrate finding petitioner had been unlawfully dispossessed – Revision before Provincial High Court – Exceptional circumstances – High Court refusing notice – Court of Appeal finding no reason to interfere – High Court judgment affirmed – Appeal dismissed with costs. | Primary Courts’ Procedure Act No. 44 of 1979 – section 66(1)(b); Constitution/Provincial High Court revisionary jurisdiction. | Download |
Cart (0 items)
- Your cart is empty Browse Shop