Judgements

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Decided Date Case No Parties Judgment By Keywords Legislation Document
2023-04-04 CA/WRT/172/2017
Umesh Ganganath Ranawaka and others Vs. D.K.R.Swarna, Director General and others
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Hon. C.P. Kirtisinghe, J. qualifications for promotions, scheme of recruitment, legal right and the legitimate expectation Road Development Authority Act No. 73 of 1981 Download
2023-03-01 CA/PHC/13/2021
Pradeep Chamara Bandaranaike vs. Attorney General and others
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Hon. Iddawala, J. Confiscation of vehicle, precautionary measures, knowledge of the offence Animal’s Act, Forests Ordinance Download
2023-02-28 CA/CPA/118/2022
Saludin Mohemmed Akbar vs. The Hon. Attorney General and others
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Hon. Iddawala, J. Revision, misappropriation of State funds, forfeiture of property, opportunity to be heard, issuance of formal notice Offences Against Public Property Act Download
2023-02-14 CA/CPA/79/2022
Lekamwasam Liyanage Lakshani Vs. Officer-in-Charge, Police Station and another
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Hon. Neil Iddawala J. revision application, setting aside of the order of the Learned High Court Judge, enlarge the suspects on bail, submitting misleading facts, no irregularity or illegality of the order of the High Court in refusing the application of bail Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 13 of 1984 Download
2023-01-31 CA/BAL/39/2022
Sirimanna Archchige Hasitha Hansaka vs. Officer in Charge, Police Station, Malwathuhiripitiya and another
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Hon. Menaka Wijesundera, J. Application to obtain bail, age of suspects, exceptional circumstances for bail Assistance to and Protection of Victims of Crime and Witnesses Act Download
2023-01-31 CA/HCC/408/2018
Abeykoon Mayadunnege Athula Abeykoon vs. Hon. Attorney General
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Hon. Kumararatnam, J. Murder, attempted murder, attempted murder using offensive weapon, test of probability, credibility of evidence, reasonable doubt, rejection of dock statement Sections 296 and 300 of the Penal Code and section 4(2) of the Offensive Weapon Act, Section 110(4) of the Code of Criminal Procedure Act Download
2023-01-31 CA/HCC/333/2019
Hapuarachchige Weerarathna and another vs. Hon. Attorney General
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Hon. Kumararatnam, J. Attempted murder, grievous hurt, burden of proof in criminal case, lesser culpability, common intention Sections 300, 301 and 315 of Penal Code Download
2023-01-31 CA/HCC/231/2018
Mohomad Rauf Mohomad Hilmi alias Gama vs. Attorney General
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Hon. Sampath Abayakoon, J. Murder, sole eye-witness, reasonable doubt sections 32 and 296 of the Penal Code, section 148 (4) of the Code of Criminal Procedure Act Download
2023-01-31 CA/HCC/267/2009
Aluthbaduge Srimathi Jayantha Rodrigo vs. Attorney General
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Hon. Bandula Karunarathna, J. False evidence, dishonest misappropriation of stamp duty, cheating, proof of ingredients of each offence, burden of proof Sections 190, 196, 386 and 400 of the Penal Code, section 5(1) of the Public Property Act Download
2023-01-30 CA/WRT/561/2021
The Union of Revenue Inspectors of Local Government Service Revenue Inspector Division Municipal Council of Kandy and others vs. Lalith U. Gamage, Governor- Central Province and others
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Hon. Sobhitha Rajakaruna, J. recruitment of Revenue Inspectors, contrary to Public Administration Circulars, Scheme of Recruitment, jurisdiction of Court of Appeal to hear the matter Sections 12, 14 and 16 of the High Court of the Provinces (Special Provisions) Act No. 19 of 1990 Download
2023-01-30 CA/HCC/302-306/2016
Thiruchelvam Nixon alias Ramesh and others vs. Attorney General
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Hon. Sampath Abayakoon, J. Murder, common intention vs vicarious liability, judge certifying demeanor and deportment of a witness whose evidence was not taken before him, fair trial, corroboration of evidence, duty of prosecuting State Counsel Sections 32, 140, 146, 294 and 296 of the Penal Code, section 114(f) of the Evidence Ordinance, section 199(4) of the Code of Criminal Procedure Act Download
2023-01-30 CA/HCC/404/2018
Wanniarachchige Sunil Fonseka alias Ajith vs. Attorney General
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Hon. Sampath Abayakoon, J. Cruelty on minor child, intentional neglect, hurt Sections 32, 308A(2), 310, 311, 312 and 314 of the Penal Code, section 177 of the Code of Criminal Procedure Act Download
2023-01-27 CA/PHC/181/2018
Liyana Arachchige Namal vs. Liyana Arachchige Sandya Namali and another
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Hon. Prasantha De Silva, J. Uncertainty of subject matter (disputed premises), determining possession of property Sections 66 and 68 of the Primary Courts’ Procedure Act Download
2023-01-27 CA/TAX/5/2019
Indian Overseas Bank vs. The Commissioner General of Inland Revenue
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Hon. Dr. Ruwan Fernando, J. Appeal against determination of Tax Appeals Commission, deductibility of interest expense, Double Taxation Avoidance Agreement between Sri Lanka and India, general deduction rule Sections 25(1) and 26(1)(g) of the Inland Revenue Act, Article 7(3) Double Taxation Avoidance Agreement between Sri Lanka and India Download
2023-01-27 CA/TAX/18/2019
LOLC Finance PLC vs. The Commissioner General of Inland Revenue
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Hon. Dr. Ruwan Fernando, J. Appeal against determination of Tax Appeals Commission, abolition of capital gain, trading profit and income, intention of acquiring assets, brand and goodwill Inland Revenue Act Download
2023-01-27 CA/WRT/151/2021
Warakamure Gedara Ahamed Mohamed Mazeen vs. Ms. A.H.M. Indika Kumari Abesinghe, Divisional Secretary and another
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Hon. Sobhitha Rajakaruna, J. Quit notice, purpose of the State Lands (Recovery of Possession) Act State Lands (Recovery of Possession) Act Download
2023-01-27 CA/WRT/353/2022
T.A.N.S. Thevarapperuma vs. J.M.C. Priyadarshani and others
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Hon. Sobhitha Rajakaruna, J. quit notice concerns private land, service of quit notice, competent authority State Lands (Recovery of Possession) Act, Land Reform Law Download
2023-01-27 CA/RII/12/2019
Panadura Pradeshiya Sabhawa vs. Don Wimal Wijesuriya and another
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Hon. Sasi Mahendran, J. restitutio-in-integrum, perpetual succession, legal entity, delegation of powers, terms of settlement Pradeshiya Sabhas Act Download
2023-01-27 CA/HCC/8/2018
Ganeachchi Pathirannahalage Lakshman vs. Attorney General
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Hon. Sampath Abayakoon, J. Murder, proof of identity of suspect beyond reasonable doubt, Turnbull principles, evidence of single witness Section 296 of the Penal Code, section 134 of the Evidence Ordinance Download
2023-01-27 CA/HCC/37/2019
Basnayaka Mudiyanselage Ranjith Basnayaka vs. Commission to Investigate Allegations of Bribery or Corruption and another
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Hon. Bandula Karunarathna, J. Soliciting and accepting a bribe, non-custodial sentence Sections 16(b), 19(c) and 26 of the Bribery Act Download
2023-01-26 CA/HCC/253/2017
Basnagala Gamaralalage Priyantha Padmakumara vs. The Hon. Attorney General
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Hon. Gurusinghe, J. Appeal from conviction of murder, minor discrepancies or variations in witness testimony, recovery of evidence from a confession Sections 27 and 296 of the Penal Code Download
2023-01-26 CA/WRT/23/2023
Vithan Harischandralage Premasiri and another vs. National Development Bank PLC and others
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Hon. Sobhitha Rajakaruna, J. Authority of bank to auction mortgaged property, licensed commercial bank, principle of proportionality Recovery of Loans by Banks (Special Provisions) Act No.4 of 1990, sections 2, 19, 37, 41A and 42 of the Land Development Ordinance Download
2023-01-26 CA/WRT/106/2022
Ceylon Bank Employees’ Union and others vs. Bank of Ceylon and others
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Hon. Sobhitha Rajakaruna, J. Payment of premature retirement benefits, contract of employment, availability of judicial review, misrepresentation of material facts Bank of Ceylon Ordinance, Finance Act Download
2023-01-26 CA/WRT/369/2020
Ven. Bambarawane Saddhathissa vs. Raja Manthreelage Thilak Rajapaksha and others
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Hon. Sasi Mahendran, J. Parliamentary election, public officer, disqualification from election, Writ of Quo Warranto Articles 61A, 63, 66, 89, 90, 91, 102, 140, 144 of the Constitution of the Democratic Socialist Republic of Sri Lanka, Parliamentary Elections Act Download
2023-01-26 CA/HCC/24/2016
Nagarasa Sivaseelan vs. Hon. Attorney General
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Hon. Kumararatnam, J. Murder, alibi, burden of proof, productions, right to a fair trial, dock statement, Ellenborough principle Section 296 of the Penal Code, section 106 of the Evidence Ordinance, section 126A of the Code of Criminal Procedure Act Download
2023-01-26 CA/HCC/129/2019
Thajudeen Mohomad Fahim vs. Attorney General
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Hon. Sampath Abayakoon, J. Cheating, proof beyond reasonable doubt, contradictions, predetermination of matter by judge Sections 398 and 403 of the Penal Code Download
2023-01-26 CA/HCC/91/2009
S.A. Latheef vs. Attorney General
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Hon. Bandula Karunarathna, J. Murder, confessions, non-direction or misdirection of jury, burden of proof, Ellenborough dictum, circumstantial evidence Section 296 of the Penal Code, sections 199(3) and 200 of the Criminal Procedure Code, section 24, 27 and 114(f) of the Evidence Ordinance Download
2023-01-26 CA/WRT/422/2020 & CA/WRT/440/2020
Prof. D.G. Harendra de Silva and others vs. Pavithra Wanniarachchi Minister of Health, Nutrition and Indigenous Medicine and others
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Hon. Mohammed Laffar, J. Removal of Sri Lanka Medical Council members, nemo judex in causa sua, natural justice Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka, sections 12 and 19D of the Medical Ordinance Download
2023-01-25 CA/BAL/1/2022
Sakkariya Mohamed Rizwan vs. Officer-in-Charge, Police Station, Pothuvil and another
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Hon. Menaka Wijesundera, J. Bail, exceptional circumstances for bail, ensuring rights and safety of victims and witnesses Assistance to and Protection of Victims of Crime and Witnesses Act Download
2023-01-25 CA/BAL/24/2022
Victor Susantha Gamini alias ‘Kochchi Gamini’ vs. The Officer in Charge, Police Station, Aralaganwila and another
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Hon. Menaka Wijesundera, J. Application for bail, exceptional circumstances for bail Assistance to and protection of Victims of Crime and Witness Act Download
2023-01-25 CA/BAL/54/2022
Giguruwa Gamage Ajith Priyantha, vs. Officer in Charge, Police Station, Opatha and another
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Hon. Menaka Wijesundera, J. Application to obtain bail, exceptional circumstances for bail, safeguarding rights of witnesses and victims Assistance to and Protection of Victims and Witnesses Act Download
2023-01-24 CA/PHC/73/2015
Kim John Kooling vs. Officer-in-Charge, Police Station Weligama and 8 others
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Hon. Iddawala, J. Conditional order for removal of nuisance, fulfillment of conditions, procedure to be followed when making a conditional order absolute Sections 98, 100, 101, 102 Code of Criminal Procedure Act Download
2023-01-24 CA/PHC/158/2015
Vitharanage Shiromala Priyadarshani v. The Hon. Attorney General
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Hon. Iddawala, J. Revision, forfeiture of vehicle used to transport cannabis, release of the vehicle upon proof of innocence, fair hearing Section 79 of the Poisons, Opium and Dangerous Drugs Ordinance, section 40 of the Forest Ordinance, section 3A of the Animals Act, sections 54 and 64 of the Fauna and Flora Protection Act Download
2023-01-24 CA/BAL/1/2022
Thewa Hettige Upali Lakshman Silva vs. Officer-in-Charge, Police Station, Pannala and others
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Hon. Iddawala, J. Suspect arrested for possession of heroin, bail refused due to absence of exceptional circumstances, power of courts to revise an order made by themselves Section 83(1) of the Poisons, Opium and Dangerous Drugs Ordinance Download
2023-01-24 CA/HCC/463/2017
Arumugam Jegadeeswaran vs. Attorney General
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Hon. Bandula Karunarathna, J. Possession and trafficking of heroin, corroboration, credibility of public officers, test of probability Sections 54A(b) and 54 A (d) of the Poisons, Opium and Dangerous Drugs Ordinance, section 134 of the Evidence Ordinance, section 48 of the Judicature Act Download
2023-01-23 CA/HCC/250/2018
Attorney General vs. Selvakumar Sathyaleela alias Sathya
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Hon. Sampath Abayakoon, J. Murder, abetment, conspiracy, detonating a suicide bomb, formulation of charges Section 3(1) of the Code of Criminal Procedure (Special Provisions) Act No. 15 of 2005, sections 102, 104, 108, 294 and 296 of the Penal Code, sections 164, 167 and 177 of the Code of Criminal Procedure Code Download
2023-01-23 CA/HCC/80/2017
Welivita Liyanage Don Mahesh Lasantha Perera vs. Attorney General
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Hon. Bandula Karunarathna, J. Murder, attempted murder, gang rape, identification parade, dock identification, proof beyond reasonable doubt Sections 32, 296, 364(2) and 300 of the Penal Code, section 3 of the Evidence Ordinance Download
2023-01-20 CA/HCC/52/2018
Zeik Ismail Akbar alias Master vs. Attorney General
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Hon. Sampath Abayakoon, J. Trafficking and possession of heroin, evidence of Government Analyst, proof beyond reasonable doubt Poisons, Opium and Dangerous Drugs Ordinance, sections 414 and 420 of the Criminal Procedure Code Download
2023-01-20 CA/PHC/143/2018
Hewa Pathirana Jayawickrama vs. Office -In-Charge, Police Station, Mawathagama and another
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Hon. Bandula Karunarathna, J. Transporting timber without valid permit, confiscation of property, corroboration, burden of proof, exceptional circumstances for revision Sections 25 and 40 of the Forest Ordinance, section 425 of the Code of Criminal Procedure Act, section 134 of the Evidence Ordinance Download
2023-01-19 CA/HCC/261/2014
Walakada Gamage Priyantha vs. The Hon. Attorney General
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Hon. Gurusinghe, J. Appeal for conviction of possession and trafficking of heroin, evidence of drug trafficking, change of law during pendency of appeal Section 54 of the Poisons, Opium and Dangerous Drugs Ordinance, Poisons, Opium and Dangerous Drugs Ordinance (Amendment) Act No. 41 of 2022, Section 3(3)(c) of the Interpretation Ordinance Download
2023-01-19 CA/HCC/58/2018
Karunanayake Pathirennehelage Sunil Wickramaratne alias Nilame vs. The Hon. Attorney General
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Hon. Kumararatnam, J. Murder, exception 4 to section 294 of the Penal Code, defence of intoxication, Sections 296 and 297 of the Penal Code Download
2023-01-19 CA/HCC/183/2020
Don Danushka Hewa Vitharana alias Pola vs. Attorney General
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Hon. Bandula Karunarathna, J. Rape, minimum mandatory sentences, judicial discretion in sentencing Sections 13 and 364(2) of the Penal Code, section 241 of the Code of Criminal Procedure Act, Protection of Victims of Crime and Witnesses Act Download
2023-01-18 CA/BAL/32/2022
Ramasamy Yohan Jayantha vs. Officer in Charge, Police Station, Akmeemana
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Hon. Menaka Wijesundera, J. Application to obtain bail, exceptional circumstances for bail Assistance to and Protection of Victims of Crime and Witnesses Act Download
2023-01-18 CA/PHC/212/2018
Kathriachchi Pinnawalage Sunil Padmasiri and another vs. Hissalla Kankanamge Wimalsena and another
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Hon. Prasantha De Silva, J. Taking forcible possession of a part of a land by erecting a fence, breach of public peace, functions of Primary Court and civil courts Sections 66, 68 and 74 of the Primary Courts’ Procedure Act Download
2023-01-18 CA/WKF/4/2019
A.H.M. Misrulafi and others vs. M.I.M. Amanullah and others
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Hon. Mohammed Laffar, J. Cancellation of registration of mosque, Muslim charitable trust, registration effected on misrepresentation of facts Section 10 of the Wakf Act Download
2023-01-17 CA/HCC/259/2019
Hewa Halpawannage Aruna Shantha Pathinayake vs. Hon. Attorney General
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Hon. Kumararatnam, J. Trafficking and possession of heroin, credibility of first information, evidence of surveillance by officers in civil clothes, burden of proof in criminal case Sections 54A(b) and 54A(d) of the Poisons, Opium and Dangerous Drugs Ordinance Download
2023-01-17 CA/CPA/25/2022
Sudirikku Hennadigodage Piyaseeli vs. Officer in Charge, Colombo Crime Division, Dematagoda
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Hon. Menaka Wijesundera, J. Exceptional conditions for bail, morality as a yardstick or exceptional ground in application for revision for an offence committed under Poisons, Opium and Dangerous Drugs Act Poisons, Opium and Dangerous Drugs Act, Prevention of Terrorism Act Download
2023-01-17 CA/CPA/47/2022
Malawiarachchige Samantha Nandana Kumara vs. Hon. Attorney General
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Hon. Menaka Wijesundera, J. Remanded for possession of heroin, exceptional circumstances for bail Poisons, Opium and Dangerous Drugs Ordinance Download
2023-01-16 CA/HCC/300-302/2018
Susehewage Piyal Indrajith and others vs. Attorney General
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Hon. Kumararatnam, J. Murder, defence of intoxication, power of Court of Criminal Appeal to peruse improperly admitted witness statements and evidence, proof beyond reasonable doubt Section 296 of Penal Code Download
2023-01-13 CA/HCC/437/2019
Pussagodage Thusitha Namal Kumara vs. Hon. Attorney General
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Hon. K. Priyantha Fernando, J (P/CA) Appeal for conviction of possessing heroin, section 203 Code of Criminal Procedure Act is directory and not mandatory Poisons, Opium and Dangerous Drugs Ordinance, section 203 Code of Criminal Procedure Act Download
2023-01-12 CA/WRT/176/2020
Asoka Kularatne vs. Bope-Poddala Pradeshiya Sabha and others
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Hon. Mohammed Laffar, J. Institution of action against a divesting order, cancellation of development permit, legitimate expectations, legal right to enjoy proprietary rights Constitution of the Democratic Socialist Republic of Sri Lanka Download
2023-01-12 CA/PHC/70/2014
Hewa Pathiranage Sompala Munasinghe vs. K.D.S.Subhasinghe and others
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Hon. Prasantha De Silva, J. Revision application, servitudanal right of way, exceptional circumstances to warrant revisionary jurisdiction Section 69(1) of the Primary Courts’ Procedure Act Download
2023-01-12 CA/CPA/117/2017
Sarath Andrahennadi vs. Officer in Charge, Police Station, Sigiriya and others
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Hon. Prasantha De Silva, J. Obstructing access to a land, right of appeal against order of Primary Court, appellate and revisionary jurisdiction of the High Court, exceptional circumstances for revision Sections 66, 68 and 74 of the Primary Courts’ Procedure Act, Articles 138 and 154(3)(b) of the Constitution of the Democratic Socialist Republic of Sri Lanka Download
2023-01-12 CA/WRT/156/2022
Jayaratne V.I.P. Services (Private) Limited vs. Major General (Retd.) G. Vijitha Ravipriya, Director General of Sri Lanka Customs and others
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Hon. Sobhitha Rajakaruna, J. release of vehicle import documents, excise duty payable, legitimate expectations, rights of the Petitioner, reasonable criteria Section 3 of the Protection of Government Revenue (Special Provisions) Act No. 1 of 2006 Download
2023-01-12 CA/TAX/17/2019
Dialog Broadband Networks (Private) Limited vs. Commissioner General of Inland Revenue
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Hon. Sampath Wijeratne, J. VAT, Telecommunication Development Charge, tax refund, taxable supply of services, government grant, fiscal levy Sections 2(1)(a), 5, 83 of the Value Added Tax Act, section 11A(6) of the Tax Appeals Commission Act, section 26 of the Finance Act, section 242 (1) of the Companies Act Download
2023-01-11 CA/BAL/19/2022
Panambarage Suranjan Alexander Fernando vs. Officer-in-Charge, Police Station, Negombo and others
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Hon. Menaka Wijesundera, J. Application to obtain bail, exceptional circumstances for bail Assistance to and Protection of Victims of Crime and Witnesses Act Download
2023-01-11 CA/BAL/30/2022
Wisnadewayalage Nirosh Malkanthi vs. Officer-in-Charge, Police Station, Giradurukotte and another
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Hon. Menaka Wijesundera, J. Application to obtain bail, exceptional circumstances for bail Assistance to and Protection of Victims of Crime and Witnesses Act Download
2023-01-11 CA/PHC/125/2018
Rajapakshe Mudiyanselage Hettiyadeniye Korale Arachchilage Nalani Kumarihami vs. Mahamarakalage Kurukulasuriya Patabedige Anura Kumarasiri Perera
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Hon. Prasantha De Silva, J. Removing a fence and altering demarcation of boundaries, revisionary jurisdiction of Provincial High Court Sections 66 and 69 of the Primary Courts’ Procedure Act Download
2023-01-09 CA/WRT/450/2022
Chandana Niroshana Lokuliyanage and another vs. Wijedasa Rajapakshe, Minister of Justice and Prison Reforms and others
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Hon. Sobhitha Rajakaruna, J. Relocation of courts complex, availability of judicial review, place of hearing of courts Judicature Act Download
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