| Decided Date | Case No | Parties | Judgment By | Keywords | Legislation | Document |
|---|---|---|---|---|---|---|
| 2016-10-14 | CA/0287/1999 (F) |
Gannoruwe Kadegedara Aron & others Vs. Pillegedara Waththa Sirisoma & others
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Hon. S. Devika De Livera Tennekoon, J. | partition action, devolution of title, prescriptive possession, paternity | Download | |
| 2016-07-29 | CA/0488/1997F CA/488A/1997/F CA/488B/1997/F |
Sridevi Silva Vs. Michel alias Mahinda Weerapura and Others.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-07-28 | CA/WRT/0211/2016 |
R.M. Wijerathne Vs. Commander of the Sri Lanka Army and Others.
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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 |
| 2016-07-26 | CA/0031/2016 |
Yakdehi Guruge Suranimala Vs. The Attorney General.
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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.
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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 |
| 2016-07-25 | 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.
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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.
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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 |
| 2016-07-24 | CA/WRT/0087/2014 |
Kalinga Mudalige Derick Mervin Perera Vs. Provincial Land Commissioner of North Western Province and Others.
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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.
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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.
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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.
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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 |
| 2016-07-21 | CA/0072/2011 |
Mahathanthri Arachchige Don Ambrose alias Chuti Mudalali Vs. The Attorney General.
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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 |
| 2016-07-15 | CA/0852/1998F |
Panapitiyage Don Vijitha Kumara and Others Vs. P.D. Anura and Others.
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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.
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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.
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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 |
| 2016-07-14 | CA/1039/1997F |
Pradeshiya Secretary of Piliyandala Vs. Ratnasiri Wijeseker aliays
Nanayakkarawasam .
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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.
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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 |
| 2016-07-13 | CA/PHC/APN/0152/2014 |
Wamakulasuriya Paul Peter Fernando v. The Attorney General & Others.
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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.
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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.
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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 |
| 2016-07-11 | CA/PHC/0248/2003 |
Alagiya Hakuru Sopalin and Others Vs. Pathirage Daya Arnarasinghe.
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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.
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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 |
| 2016-07-08 | CA/0343/2000 |
Leela de Zoysa Vs. Rilhenage Pieris.
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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.
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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.
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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 |
| 2016-07-07 | CA/PHC/0011/2005 |
Disanayaka Mudiyanselage Chandana Bandara Vs.Officer in Charge of the Special Crimes Investigation Unit of Anuradhapura and Others.
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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 |
| 2016-07-05 | CA/PHC/0015/2004 |
R.D. Handy Vs. The Deputy Commissioner of Agrarian
Services of Uva Province and Others.
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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 |
| 2016-07-04 | CA/PHC/APN/0055/2018 |
Senanayaka Ganehi Mudiyanselage
Palitha Mohanlal Senanayaka Vs. Director General of Commission to Investigate Allegations of
Bribery or Corruption.
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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.
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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 |
| 2016-07-01 | CA/0561/2000F |
Dewayalage Susirilatha and Others Vs. Mahamadu Abdul Hasan and Others.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-06-30 | CA/PHC/0236/2005 |
M.S.M. Rifai Vs. Officer-in-Charge of Galle Police Station and Others.
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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 |
| 2016-06-29 | 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.
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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.
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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.
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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 |
| 2016-06-28 | CA/REV/0006/2012 |
Sinniah Selvanayagam Vs. J ayaweera Mudiyanselage
Chandrika Priyadharshani and another.
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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 |
| 2016-06-27 | CA/WRT/0155/2015 |
W T L Automobiles (Pvt) LTD Vs. Director General of Customs and Others.
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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.
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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.
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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 |
| 2016-06-24 | CA/0652/1997F |
Chief Electronic Engineer Airport and Aviation Services Ltd Vs. G.M.De Silva.
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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.
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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.
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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.
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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 |
| 2016-06-23 | CA/REV/1217/2000 |
Ranawaka Arachchige Don Seemon Vs. Kandana Arachige Geetin Appuhamy and Others.
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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.
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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 |
| 2016-06-22 | CA/WRT/0098/2016 |
F Haffmann-La Roche Ltd. and another Vs. National Medicines Regulatory Authority and Others.
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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.
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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 |
| 2016-06-21 | CA/PHC/194/2009 CA/PHC/195/2009 |
Hettiarachchige Gunapala Vs. Jayasingha Arachchige Chandradasa and Others.
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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.
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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 |
| 2016-06-17 | CA/0509/1997F |
Jayasinghage Anula Vs. Gladys Augusta Weerasinghe nee
Boralessa and Others.
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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.
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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.
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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.
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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 |
| 2016-06-14 | CA/PHC/APN/MIS/0001/2015 |
Jayantha Evantius Fernando alias Jay Evantius Fernando Vs. Registrar-General of Companies.
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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.
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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 |
| 2016-06-13 | CA/0977/2000F |
Wijesiriratne Singhapurage Stanley Vs. Kusumawathi Wanigasekara.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-06-10 | CA/0591/1997F |
S.Arulanandam Vs. V.Tharumalingam and Others.
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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.
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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.
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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.
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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 |
| 2016-06-09 | CA/PHC/0273/2003 |
Wijenayake Kankanamge Ariyapala Vs. L.P.A. Samarajeewa and Others.
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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 |
| 2016-06-08 | CA/0853/1999F |
Padukka Vidanalage Gunasena and another Vs. Rupasinghe Arachchige Ason Singho.
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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.
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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.
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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.
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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 |
| 2016-06-07 | CA/PHC/0188/2006 |
M. Chulawathi Vs. The Attorney General and another.
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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 |
| 2016-06-06 | CA/0012/2015 |
Arumugam Sebestian Vs. The Attorney General.
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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.
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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 |
| 2016-06-04 | CA/WRT/0348/2012 |
Pussallawa Plantetion Limited Vs. Minister of Plantation industries and Others.
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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.
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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.
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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.
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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.
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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 |
| 2016-06-01 | CA/PHC/APN/0119/2015 |
Yajanthiran Vinifreeda Prebha (nee
Amalathasan Vinifreeda Prebha) Vs. Vettivelu Yajanthiran.
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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.
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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.
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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.
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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.
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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 |
| 2016-05-31 | CA/0827/2000F |
Kodagodge Nihal Silva Vs. Chandralatha Jayaweera.
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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.
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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.
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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.
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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 |
| 2016-05-30 | CA/PHC/0042/2002 |
Sembakutti Kankani Nimmali Vs. Kankanithanthri Nimalasiri de
Silva.
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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.
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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.
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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 |
| 2016-05-27 | CA/0977/1998F |
North Colombo Regional Transport Board Vs. Aparekkage Wasantha Pushpakumara Perea.
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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.
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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.
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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.
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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.
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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 .
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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.
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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 |
| 2016-05-25 | CA/0541/2000F |
Communication and Business Equipment (Pvt) Ltd.(Now known as Apogi International (Pvt) Ltd. Vs. Lanka Lands Company Ltd. and Others.
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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.
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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 |
| 2016-05-24 | CA/PHC/103/2005 |
Withanage Herath Weerasekara Vs. Cooperative Workers Commission (North Western) and Mawathagama Multi Purpose Cooperative Society.
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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 |
| 2016-05-23 | CA/1052/1999F |
Kapuru Hamyge Siriwardena Vs. Manawalage Kapuruhamy Kapuru Hamyge Wimalratne.
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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.
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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.
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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.
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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 |
| 2016-05-20 | CA/0967/2000F |
Rajapaksha Dawahannalage Percy Harald Rajapaksha Vs. Bulathsinhalage Preca Dorin Metilda Perera.
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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.
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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.
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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 |
| 2016-05-19 | CA/0040/2015 |
P.G. Sunil Vs. The Attorney General.
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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 |
| 2016-05-18 | CA/0712/1997F |
Ambalanpitiyage Saman Udaya
Kumara Vs. Ambalanpitiyage Kusumalawani and Others.
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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 |
| 2016-05-17 | CA/0727/1993F |
Mohamed Lebbe Sithi Arifa Umma and another Vs. P.l.Mohamed Husen and another.
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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.
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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.
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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.
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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 |
| 2016-05-13 | CA/0529/1996F |
Eugene Gerald Abeykoon Vs. N.W.K.L.lndrajith Mohan Dias
Senavi Wickrama and Others.
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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.
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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.
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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 |
| 2016-05-12 | CA/PHC/0136/2006 |
Dingiribanda Ranathunga Vs. Dingiribanda Ranathunga and Others.
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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.
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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 |
| 2016-05-11 | CA/0606/1997F |
Eliyadura Siriyawathi Silva and Others Vs. Shirai Virantha Laktilaka and Others.
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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.
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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 |
| 2016-05-10 | CA/0635/2000F |
Venerable Puliyadhe Indrarathna Thero Vs. W.M. Tikiri Banda.
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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.
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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.
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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.
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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 |
| 2016-05-08 | CA/0920/2000F |
Handun Pathiraja Mudiyanselage Gayathri Niroshani Pathiraja Vs. Aluth Muhandiramlage Siripala.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-05-05 | CA/0555/1994F |
Liyana Pathiranahalage Podimanike and 2 Others Vs. Punchirala Arachchilage Amarathunga
Ganangamuwa and Others.
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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.
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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 |
| 2016-05-04 | CA/PHC/0037/2007 |
Mohamed Yoosuf Raufudeen Vs. The Range Forest Officer and Others.
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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.
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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.
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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 |
| 2016-05-03 | CA/WRT/0158/2012 |
Janatha Garment Manufacturers
(Pvt) Ltd Vs. Commissioner General of Labour and Others.
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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 |
| 2016-05-02 | CA/0009/2014 |
Y.G.Siripala Vs. The Attorney General.
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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.
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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 |
| 2016-05-01 | CA/PHC/APN/0039/2015 |
Liyanarachchige Indika Thusara Vs. The Attorney General.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-04-28 | CA/0527/2000F |
Somapala Punchihewa Vs. Mercantile Credit Ltd and Others.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-04-27 | CA/0562/2000F |
L.M. Jagath Keerthi Ratnayake Vs. Willara Arachchige Gunasekara and Others.
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-04-26 | CA/PHC/0107/2011 |
Mahipala Mudalige Sunil
Premaratne Paris Vs. Madampe Multi - Purpose
Co-operative Society and Others.
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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
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Hon. L.T.B. Dehideniya, J. | land dispute, breach of peace | Primary Court Procedure Act, No. 44 of 1979 | Download |
| 2016-04-25 | CA/PHC/APN/0119/2010 |
The Attorney General Vs. Kanniappan Nagesh.
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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.
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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 |
| 2016-04-01 | CA/0541/1997F |
S.A. Violet Menika Vs. Rev: Medawalagama Upalena.
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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.
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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.
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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.
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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.
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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 |
| 2016-03-31 | CA/WRT/0315/2014 |
Ragupathi Upulwan Serasinghe Vs. M.D. Ranjani Jayakody and Others.
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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.
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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 |
| 2016-03-30 | CA/PHC/0048/2009 |
Fathima Rinsa and another Vs. Officer In Charge of Special Crimes Investigation Bureau Hambanthota and 2 Others.
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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.
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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.
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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.
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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 |
| 2016-03-29 | CA/WRT/0335/2015 |
NatWealth Securities Ltd. Vs. The Monetary Board of the Central Bank and Others.
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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.
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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.
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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.
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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 |
| 2016-03-28 | CA/PHC/0056/2014 |
B. Nandasulochana Perera Vs. D.D. Upul Shantha de Alwis and one another.
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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.
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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 |
| 2016-03-24 | CA/0498/2006 |
Denagama Vitharanage Asoka Indrani and Others Vs. Warnakula Ediriweera Patabendige Podinona and Others.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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 |
| 2016-03-23 | CA/PHC/0028/2006 |
Jayawardane Senaviratne Vs. Vidana Mahadurage Premawathie.
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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.
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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 |
| 2016-03-18 | CA/0257/2005 |
Bank of Ceylon Head Office Vs. Warnakulasuriya Ponnakuttige
Alex Milroy Fernando.
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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.
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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.
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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 |
| 2016-03-17 | CA/PHC/0021/2015 |
Liyanagamage Lahiru Kithsiri Kumara Vs. The Attorney General.
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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 |
| 2016-03-15 | CA/WRT/0359/2013 |
Waduge Jayasiri Vs. Divisional Secretary of Negenahira Nuwaragam Palatha and Others.
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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 |
| 2016-03-11 | CA/PHC/0043/2006 |
W. Somapala Vs. G.D. Perera & 3 Others.
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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.
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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.
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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.
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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 |
| 2016-03-09 | CA/PHC/0112/2005 |
Damme Arachchige Gamini Vs. Damme Arachchige Saman
Karunaratne and another.
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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 |
| 2016-03-08 | CA/WRT/0456/2008 |
Athula Paranayapa Service (Pvt) Ltd Vs. Anuradhapura Municipal Council and Others.
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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 .
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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.
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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 |
| 2016-03-04 | CA/WRT/0366/2008 |
Ceylon Heavy Industries and Construction Company Limited Vs. The Hon. Athauda Seneviratne and Others.
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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.
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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.
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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 |
| 2016-03-01 | CA/0126/2012 |
Cader Pitthei Mohomadu Vs. The Attorney General
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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 |
| 2016-02-29 | CA/PHC/0263/2006 |
Senkadagala Finance Company
Ltd. Vs. Eashwarage Thilakarathna and 3 Others.
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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.
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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 |
| 2016-02-28 | CA/WRT/0649/2008 |
Don Aruna Nimalka Karunanayake Vs. C. Ranasinghe and Others.
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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
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Hon. L.U. Jayasuriya, J. | Certiorari | Debt Recovery Act No.29 of 1999 | Download |
| 2016-02-26 | CA/WRT/0209/2013 |
Jathika Sevaka Sangamaya Vs. South Asia Gateway Terminals (Pvt) Limited and 4 Others.
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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.
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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.
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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.
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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.
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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 |
| 2016-02-23 | CA/PHC/0129/2009 |
Punchihewage Wijedasa Senadeera Vs. Assistant Commissioner of
Agrarian Development and 2 Others.
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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 |
| 2016-02-19 | CA/PHC/APN/0106/2015 |
Phunchiralage Dhanapala Vs. Officer In Charge of Police Station, Horowpathana and 2 Others.
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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.
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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.
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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.
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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
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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 |
| 2016-02-18 | CA/0596/1999(F) |
Yasoma De Rosiro Vs. S.N.A.Lanka (Pvt) Ltd. and 2 Others.
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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 |
| 2016-02-17 | CA/0003/2005 |
Monika Fenando and others Vs. Attorney General
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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.
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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.
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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.
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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.
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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.
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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 |
| 2016-02-15 | CA/WRT/0095/2013 |
Abeyratnage Ajith Thushara and one another Vs. The Hon. Minister of Education and Others.
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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.
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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 |
| 2016-02-14 | CA/WRT/0341/2016 |
Nalin Dharmajeewa Kuruppuarachchi Vs. Open University of Sri Lanka and others
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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.
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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.
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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.
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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 |
| 2016-02-09 | CA/0153/2012 |
Kankanam Vitharanage Chandrasekera Alias Kiriputha Vs. The Hon.Attorney General.
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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.
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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 |
| 2016-02-08 | CA/PHC/APN/0047/2015 |
Dilshan Nerious Roger Fernando Vs. Done Lakshmi Ranasinghe and one another.
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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.
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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.
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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.
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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.
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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
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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 |
| 2016-02-05 | CA/PHC/0044/1999 CA/PHC/0059/1999 |
Jeyam Immanuel Ayam
Perumal Vs. Commissioner of Labour.
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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
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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 |
| 2016-02-03 | CA/0240/2013 |
P.R.Nandana Pushpakumara Vs. The Hon. Attorney General.
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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.
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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 |
| 2016-02-02 | CA/PHC/0197/2007 |
The Secretary of Provincial Ministry of Education Vs. Diyogu Hennadige Kusumawathie.
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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.
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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.
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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.
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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 |
| 2016-01-29 | CA/0191/2010 |
Gonapinuwalage Indrajith Sisira Kumara Vs. The Hon. Attorney General
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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.
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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.
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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.
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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
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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
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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 |
| 2016-01-28 | CA(PHC)/0071/2007 |
Weerasinghe Jayawardene Alexander Abeyratne Vs. The Hon. Attorney General.
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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.
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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 |
| 2016-01-26 | CA/0166/14 |
Vithanage Palitha Vs. The Hon. Attorney General
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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 |
| 2016-01-25 | CA/0286/2006 |
Abdul Cader Mohamed Salim Vs. The Hon. Attorney General
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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
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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.
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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.
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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
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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
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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 |
| 2016-01-21 | CA/0081/14 |
Aparekka Jayasundara
Mudiyanselage Jayathilaka
Jayasewana Vs. The Hon. Attorney General
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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 |
| 2016-01-20 | CA/WRT/05/2013 and CA/WRT/06/2013 |
T.M.C.S Bandara and one another Vs. N. Abayawickrema and Others
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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
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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
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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
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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 |
| 2016-01-19 | CA(PHC)/0050/2008 |
Kalumuni Himali Vs. Dunuwita Liyange Chandrika.
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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
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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.
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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 |
| 2016-01-18 | CA/WRT/0085/2013 |
Billion Bay Apparels (Pvt) Ltd. Vs. Chief Minister and Others.
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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.
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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 |
| 2016-01-14 | CA(PHC)/0007/2006 |
W.D. Leelawathie Vs. M.U. Wijeratne Menike alias W.P Wijeratne Menike and 2 Others.
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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.
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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
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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
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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 |
| 2016-01-13 | CA/WRT/0633/2011 |
W.M. Jayaweera and one another Vs. The Commissioner General of Excise and Others.
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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
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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
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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 |
| 2016-01-11 | CA/1050/2000(F) |
Najith Gunaratne Jayathilake and Others Vs. Sandadura Nimal de Silva Gunasekara and Others
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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
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Hon. L.T.B. Dehideniya, J. | Dispossession, land, proof | Primary Court Procedure Act, No. 44 of 1979 | Download |
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