Laws of Sri Lanka


SLR-1978-79-80 Vol.1-P231
SLR - 1978-79-80 Vol.1, Page No - 231 WALKER SONS & CO. (U.K.) LTD. v. GUNATILAKE AND OTHERS SUPREME COURT THAMOTHERAM, J., ISMAIL, J., WEERARATNE, J., SHARVANANDA, J. AND WANASUNDERA, J. S.C. REFERENCE NO. 1/79 C. A. (S.C.) APPLICATION NO. 375/76 AN APPLICATION FOR A WRIT OF CERTIORARI INDUSTRIAL COURT CASE NO. 1358 OCTOBER 23, 24, 25, AND 29, 1979 Stare Decisis - Application of principle of Stare Decisis - The effect of the coming into operation of a new Constitution and a new system of Courts on precedents laid down by the Supreme Court constituted under the provisions of the Administration of Justice Law No. 44 of 1973 - The binding effect of Supreme Court decisions on Courts constituted by the 1978 Constitution. Interpretation --Unwritten Laws" in Article 168(1) of the Constitution -Articles 127(1), 128, 132(3), 141, 168(1) 169(4) and 170 of the 1978 Constitution - Administration of Justice Law No. 44 Cont..
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SLR-1978-79-80 Vol.1-P278
SLR - 1978-79-80 Vol.1, Page No - 278 REGENT INTERNATIONAL HOTELS LTD. v. CYRIL GARDINER AND OTHERS SUPREME COURT SAMARAKOON, C.J., ISMAIL, J. AND WANASUNDERA, J. S.C. APPEAL NO. 4/79 C.A. NO. 1144/78 D.C. COLOMBO CASE NO. 1/81321 /M JANUARY 22, 23,24,25; 28,29 AND 30, 1980 and FEBRUARY 5, 6, 7 AND 8, 1980. Contempt - Disobedience - Enjoining Order made by the Court of Appeal - Orders of the Court of Appeal under Article 105(3) of the Constitution - Civil Procedure Code, Chapters XLVIII and LXV. Enjoining order - Disobedience of an enjoining order - Enjoining order against a juristic person - Parties who must obey. The appellant Regent International Hotels Ltd., Hong Kong instituted an action against the Galle Cont..
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SLR-1978-79-80 Vol.1-P323
SLR - 1978-79-80 Vol.1, Page No - 323 COOMARASWAMY v. SHANMUGARATNA IYAR AND ANOTHER SUPREME COURT SAMARAKOON, C. J., THAMOTHERAM, J., AND SHARVANANDA, J. S.C. REFERENCE No. 1/80 C. A. (LA.) 85/79 C. A. (REVISION) 1920/79 JANUARY 27, 1980. Language of the Courts - Directions issued under Article 24(4) of the Constitution - Pleadings filed in Tamil. Ultra vires. A party or applicant or any person legally entitled to represent such party or applicant has a right, by virtue of paragraph 2 of Article 24 of the Constitution, to submit pleadings in the Tamil language in the District Court of Colombo and such party is not bound to submit such Cont..
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SLR - 1978-79-80 Vol.1-P33
SLR - 1978-79-80 Vol.1, Page No - 33 33 PILAPITIYA v. MUTTETTUWEGAMA AND OTHERS SUPREME COURT SAMARAKOON, C.J., THAMOTHERAM J., AND WANASUNDERA, J SPECIAL LEAVE TO APPEAL APPLICATION NO. 15 OF 1979 MAY 7, 1979. Election petition - Interlocutory order made by Court of Appeal during hearing of petition - Application for special leave to appeal to Supreme Court - Has the petitioner right of appeal from such interlocutory order -Articles 118 (c), 130 (b), 101 (2) and 128 (2) of the Constitution - Ceylon (Parliamentary Elections) Order in Council, section 82A. The petitioner was elected to the National State Assembly from the Electoral District of Kalawana at the General Election held in 1977. An election petition was filed against him and was taken up Cont..
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SLR-1978-79-80 Vol.1-P339
SLR - 1978-79-80 Vol.1, Page No - 339 ATTORNEY GENERAL v. NADESAN SUPREME COURT SAMERAWICKRAME, A. C.J., THAMOTHERAM, J., ISMAIL, J., WEERARATNE J. AND SHARVANANDA, J. S.C. APPLICATION No. 1 OF 1980 12, 13, 14 AND 15 MAY, 1980 Parliament (Powers and Privileges) Act Cap 383 as amended by Law No. 5 of 1978, section 23 - Articles 131 and 169(16) of the Constitution -Defamatory Statements reflecting on the proceedings and character of the National State Assembly. The National State Assembly had punished two editors in the Ceylon Observer case for publishing a photograph with a caption which it was alleged was intended and calculated to bring Mr. A. C. S. Hameed, Minister of Foreign Affairs into disrepute and this constituted a defamatory statement reflecting on the proceedings of and character of the National State Assembly. Offences specified in part A of the Schedule to the Parliament (Powers & Privileges) Act were originally punishable Cont..
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SLR-1978-79-80 Vol.1-P361
SLR - 1978-79-80 Vol.1, Page No - 361 PILAPITIYA v. CHANDRASIRI AND OTHERS SUPREME COURT SAMARAKOON, C. J., SAMERAWICKREMA, J. AND THAMOTHERAM, J. S.C. NOS. 1/80 AND 2/80, 11, 12, 14, 15 AUGUST 1980 AND 2, 3, 4, 5 AND 8, SEPTEMBER 1980 Election Petition - Election - Candidate - Burden of proof - Standard of proof - Question of fact - Question of law - Corrupt practice of publication of false statement of fact in relation to the personal character and conduct of candidate to affect his return - Section 58(1) (d) read with s. 77(c) of Ceylon (Parliamentary Elections) Order in Council, 1946 -Illegal practice. In law an election becomes a fact and a reality only when a by-election is called under the provisions of Article 36 (2) of the Constitution or when a general election is called, under the provisions of section 41(6) and (7) of the Constitution of 1972. The candidate who is accepted by the Returning Officer on nomination day as a candidate who is entitled to contest a particular seat is a person who is nominated as a candidate at that particular election within the meaning of Cont..
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SLR - 1978-79-80 Vol.1- P 37
SLR - 1978-79-80 Vol.1, Page No - 37 GNANATILLEKE v. ATTORNEY-GENERAL & ANOTHER SIRIMANE v. ATTORNEY-GENERAL & ANOTHER SUPREME COURT SAMARAKOON, C.J., ISMAIL, J. AND SHARVANANDA, J. S.C. APPLICATION NOS. 47 AND 48 OF 1979. OCTOBER 12, 1979. Constitution of Sri Lanka, 1978, Article 12 (1)-Right to equality before the law-When infringed by administrative action-Wrong decision bona fide made does not violate Article 12(1). The petitioners made applications to the Government Agent for the allotment of State land being distributed under a scheme of distribution designed to ensure that the most deserving persons are granted land. Petitioners' applications were rejected on the allegations made that they possessed land. The petitioners made applications to the Supreme Court for relief under Article 126(2) of the Constitution. In their affidavits, the petitioners denied that they own, possess or occupy any land and it was argued on their behalf that the allegations that they possessed land being untrue, they had been deprived of equal treatment with the others. Cont..
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SLR - 1978-79-80 Vol.1- P 41
SLR - 1978-79-80 Vol.1, Page No - 41 DAHANAYAKE v. DE SILVA AND OTHERS SUPREME COURT. SAMARAKOON, C.J., SAMERAWICKRAME, J. AND WANASUNDERA, J. ELECTION PETITION APPEAL 1 OF 1979 - ELECTION PETITION 1 OF 1977 (GALLE). AUGUST 6, 9, 10, 13, 14, 15, 1979. Election petition-Contract-Election challenged on ground of successful candidate holding contracts with two state Corporations-Whether such contracts had been terminated at time of election-Mode of termination of a contract-Renunciation by one party-Election law applicable-Election Order-in- Council, 1946 (Cap. 381)Constitution of Sri Lanka, 1972-Ceylon (Constitution) Order-in-Council (Cap.379), section 13(3) (c). Public Corporation-Ceylon Petroleum Corporation Act, No. 28 of 1961Nationalization of industry by State-Distinction between such Corporation and Company incorporated under Companies Ordinance- Corporation invested with juristic personality to do State business-Agent of State when entering into contracts for services for sale and distribution of petroleum. Cont..
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SLR - 1978-79-80 Vol.1-P60
SLR - 1978-79-80 Vol.1, Page No - 60 ADIAPATHAN v. ATTORNEY-GENERAL & ANOTHER SUPREME COURT. SAMERAWICKRAME, J., THAMOTHERAM, J. AND ISMAIL, J. S.C. APPLICATION NO. 17/79 JUNE 13, 15, 1979. Constitution of Sri Lanka (1978), Articles 22 (2) (a) and 126-Cheque in payment of Provident Fund Benefits-Whether part of communication received from department administering fund-Cheque written in Sinhala-Right of petitioner to have it written in Tamil-Whether drawing of cheque in Sinhala denial of petitioner's rights under Article 22 (2) (a) of the Constitution The petitioner made this application under Article 126 of the Constitution of Sri Lanka (1978) praying for an order that the cheque in payment of a sum due to him as Employee's Provident Fund Benefits should be written in Tamil. He relied on Article 22 (2) (a) and it was submitted on his behalf that the cheque formed part of the communication sent to him by the Superintendent of the Provident Fund (the 2nd Respondent) in his official capacity. It was also submitted on his behalf that, in any event, this provision entitled him to obtain a cheque written in The Tamil language. Cont..
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SLR-1978-79 Vol.2-P-322
SLR - 1978-79 Vol.2, Page No - 322 MENDIS, FOWZIE AND OTHERS v. GOONEWARDENA, G. P. A. SILVA COURT OF APPEAL VYTHIALINGAM, J., ABDUL CADER, J., AND ATUKORALE, J C. A. APPLICATIONS. 669/78, 695/78, 766/78, 789/78, 873/78, 805/78, 880/78, 924/78, 1024/78,421/78,693/78, 750/78, 757/78, 912/78 AND 914/78 JULY 30 AND 31,1979 AND AUGUST 6, 8, 9, 10, 13, 14, 15, 16, 17, AND 20, 1979. Writ of Certiorari - is Commissioner holding inquiry under S. 2 of Commissions of Inquiry Act and making his report amenable to certiorari ? - Will certiorari lie where it would be futile ? - Natural justice - Duty to act fairly - Imposition of civic disabilities - Relevant person - Will quashing of findings of commission involve questioning of validity of laws which is prohibited by Article 80(3) of the Constitution ? Cont..
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SLR-1980 Vol.2-P285
SLR - 1980 Vol.2, Page No - 285 APPAPILLAI AMIRTHALINGAM v. M. A. PRIYASEKERA, COMMISSIONER OF ELECTIONS AND ANOTHER COURT OF APPEAL WIMALARATNE, J. (P/CA) 8, TAMBIAH, J. C.A.596/1980 AUGUST 4,1980. Constitution, Articles 66, 161(d) - Nomination after the death of a Member of Parliament - Duty of the Commissioner of Elections - When do writs of certiorari and mandamus lie ? Mylvaganam Canagaratnam was declared elected as the second Member to represent the Electoral District of Pottuvil in the National State Assembly at an election held on 12.09.77. He was the Cont..
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SLR-1981 Vol.1-P10
SLR - 1981 Vol.1, Page No - 10 BANDARANAIKE V. WEERARATNE AND OTHERS (S. C. SPECIAL 4/80) SUPREME COURT. SAMERAWICKRAME, J., ISMAIL, J. AND WANASUNDERA, J. S.C. SPECIAL 4/80-C.A. No. 2114/80. S.C. SPECIAL 5/80- C. A. No. 2115/80. NOVEMBER 10, 11, 12,13,1980. Cont..
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SLR-1981 Vol.1-P250
SLR - 1981 Vol.1, Page No - 250 LAND REFORM COMMISSION v. GRAND CENTRAL LIMITED SUPREME COURT SAMARAKOON, C. J. ISMAIL, J., WEERARATNE, J., SHARVANANDA, J., AND WANASUNDERA, J. S. C. APPEALS NO. 36/81 and 37/81 C. A. (LA) NO. 20/81 D. C. COLOMBO 14125/L Cont..
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SLR-1981 Vol.1-P262
SLR - 1981 Vol.1, Page No - 262 RASHEED ALI v. MOHAMED ALI AND OTHERS SUPREME COURT WEERARATNE J., SHARVANANDA J., AND WANASUNDERA J., S. C. APPEAL NO. 6/81 C: A. APPLICATION NO. 997/80 D. C. COLOMBO NO. 3290/2L JULY 21, 1981, Cont..
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SLR-1981 Vol.1-P287
SLR - 1981 Vol.1, Page No - 287 WADIGAMANGAWA AND OTHERS v. WIMALASURIYA SUPREME COURT SAMARAKOON C. J., ISMAIL L J., WEERARATNE J., SHARVANANDA J., WANASUNDERA J., WIMALARATNE J., RATWATTE J. S. C- ELECTION PETITION Cont..
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SLR-1981 Vol.1-P350
SLR - 1981 Vol.1, Page No - 350 THE BOARD OF TRUSTEES OF THE TAMIL UNIVERSITY MOVEMENT V. F. N. DE SILVA AND ANOTHER SAMARAKOON C. J., ISMAIL J., WANASUNDERA J., WIMALARATNE J. AND VICTOR PERERA J. S. C. APPEAL NO. 79/80 C. A. APPLICATION NO. 1556/79 L. T. NO. 13/6716 - 25/97 Cont..
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SLR-1981 Vol.1-P67
SLR - 1981 Vol.1, Page No - 67 TRADE EXCHANGE (CEYLON) LTD. v. ASIAN HOTELS CORPORATION LTD. SUPREME COURT. SAMARAKOON, C. J., SAMERAWICKRAME, J. AND SHARVANANDA, J. S.C. APPEAL 10 OF 1980-C.A. APPLICATION 1539/79. FEBRUARY 9 AND 10, 1981. Writ of certiorari-Application under Article 140 of the Constitution-Whether Public Company incorporated under the Companies Ordinance can be a public body-Whether decision of such a body amenable to certiorari. Cont..
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SLR-1981 Vol.2-P147
SLR - 1981 Vol.2, Page No - 147 LAND REFORM COMMISSION v. GRAND CENTRAL LTD COURT OF APPEAL. RANASINGHE, J. AND VICTOR PERERA, J. C.A. L/A APPLICATION 20/81 -D. C. COLOMBO 14125/L. C. A. APPLICATION 211/81 - D. C. COLOMBO 14125/L. MARCH 5,9,1981. Attorney- General-Origins of office-Powers and functions of the holder of such office-Attorney-at- law- Right to appear in court- Whether Attorney-General entitled to appear in Court as an attorney- Cont..
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SLR-1981 Vol.2-P7
SLR - 1981 Vol.2, Page No - 7 DE SILVA AND OTHERS V. SENEVIRATNE AND ANOTHER COURT OF APPEAL RANASINGHE, J. AND VICTOR PERERA, J. C. A. (S.C.) 26/77 (F)- D.C. BALAPITIYA 418/T. JANUARY 22,23,26,1981. Appeal-Finding of fact by trial judge- Principles applicable to the review of such findings by Appellate Court- Constitution of Sri Lanka, 1978, Article 138 (1). Last Will-Burden on propounder- Suspicious circumstances- Duty of Court in considering such Cont..
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SLR-1982 Vol.1-P171
SLR - 1982 Vol.1, Page No - 171 SUPREME COURT Wijesiri v. Siriwardene S.C. 81/81 - C.A. Application No. 2329/80 Writ of Mandamus - locus standi - Minister's discretionary power articles 55 and 59 of the Constitution P is a Member of Parliament. He look up the cause of 53 candidates who were selected for appointment to Grade II Class II of the Sri Lanka Administrative Service on the results of an Open Cont..
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SLR-1982 Vol.1-P19
SLR - 1982 Vol.1, Page No - 19 CHANDRASENA AND TWO OTHERS v. NATIONAL PAPER CORPORATION AND TWO OTHERS SUPREME COURT. SHARVANANDA , A.C. J., COLIN-THOME, J. AND SOZA, J. S.C. APPLICATION No. 88/82 NOVEMBER 11 AND 15, 1982. Application to the Supreme Court under Article 126 of the Constitution-Refusal to collect and remit trade union membership fees-Executive and administrative action. The petitioners were employees of the Embilipitiya Factory of the National Paper Corporation (1st respondent) and members of the local branch of the trade union called the All Ceylon Corporation Employees Union. Union membership fees were collected and remitted to the Treasurer of the Union by the 1st respondent until July 1982 but not thereafter. The Petitioners attributed the refusal to collect these union fees to political motivation. Cont..
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SLR-1982 Vol.1-P30
SLR - 1982 Vol.1, Page No - 30 Rasammah v Major General Perera and others. Supreme Court Wimalaratne J. Ratwatte J. and Victor Perera J. S.C. Reference No. 2 of 1981. C.A. Application No. 41/81 (HCA) December 14, 1981. Writ of Habeas Corpus - Article 141 of the Constitution - Rules 47 and 49 of the Supreme Court Rules 1978 -production of corpus. The stage at which the corpus should be produced before the Court of Appeal or before a Court of First Instance is decided by the Court of Appeal by virtue of its inherent powers and not by virtue of any requirement in the Supreme Court Rules. The Court of Appeal in determining this question will exercise its discretion according to well known principles and practice and on a consideration Cont..
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SLR-1982 Vol.2-P538
SLR - 1982 Vol.2, Page No - 538 SIRINAGA v. JAYASINGHE SUPREME COURT WIMALARATNE, J., RATWATTE, J., AND SOZA, J. S. C. 1/82 C.A. APPLICATION NO. 223/81 JUNE 15, 1982 Constitution - Article 114 - Scheduled public officer - Necessity for appointment by Judicial Service Commission. The petitioner-appellant was an officer in Class I of the General Clerical Service employed as a Clerk in the District Court of Colombo. He was transferred by an order of the Director of Combined Services to the Metereology Department with effect from 1.1.81 because he was found to be unsuitable for employment in the Courts. The petitioner-appellant made application to the Court of Appeal to quash the order by Writ of Cont..
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SLR-1982 Vol.2-P595
SLR - 1982 Vol.2, Page No - 595 THE ASSOCIATED NEWSPAPERS OF CEYLON LTD. v. JAYASINGHE SUPREME COURT SAMARAKOON, C.J., WANASUNDERA, J., AND SOZA, J. S.C. APPEALS 10/81 AND 13/81. C.A. 183 AND 185 OF 1978. L.T. 12/6759/77 AND 13/6772/77 JUNE 22, 1982. Industrial Dispute - Industrial Disputes Act, section 31B - Regulations 15 and 57 - Constitution of 1972, Article 11 Language of Courts (Special Provision) Law No. 14 of 1973. The petitioners were employees of the respondent who terminated their services. The Labour Tribunal held that their termination was unjustified and awarded them back wages in lieu of reinstatement and compensation to both. On appeal to the Court of Appeal the following findings were affirmed - Cont..
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SLR-1982 Vol.2-P617
SLR - 1982 Vol.2, Page No - 617 BANDARANAIKE v. DE ALWIS AND OTHERS SUPREME COURT SAMARAKOON, C.J., WIMALARATNE, J., AND COLIN-THOME, J. S. C. 1/82 SEPTEMBER 1, 1982. Charge of personal misconduct of Judge - State seeking to intervene - Interests of justice - Third party seeking to be added - No charge against him - Constitution, Article 134(3) - Court's power to hear necessary party. The petitioner alleged that the Special Presidential Commission had issued a Notice under Section 16 of the Special Presidential Commission Law informing A.H.M. Fowzie that he was a person whose conduct should be the subject of inquiry and requiring him to file a statement if he challenged the allegations in the evidence led at the inquiry. The petitioner further alleged that while Fowzie continued to be subject to the jurisdiction of the Cont..
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SLR-1982 Vol.2-P786
SLR - 1982 Vol.2, Page No - 786 BANDARANAIKE v. ATTORNEY-GENERAL SUPREME COURT SHARVANANDA, J., WANASUNDERA, J., AND VICTOR PERERA, J. S.C. APPLICATION NO. 104/82 NOVEMBER 25,1982 Constitution Articles 83(5) 83, 84, 85, 120, 122, 123, 132 - Bill to amend Constitution Certificate of Cabinet - Jurisdiction of Supreme Court. A Bill to amend the constitution to provide that the term of the first Parliament be extended was referred to the Supreme Court for special determination in terms of Article 122(1) of the Constitution. The Secretary to the Cabinet had endorsed the Bill that in the view of the Cabinet it was urgent in the National interest. Cont..
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SLR-1983 Vol.1-P203
SLR - 1983 Vol.1, Page No - 203 VISUVALINGAM AND OTHERS v. LIYANAGE AND OTHERS No. (1) SUPREME COURT, SAMARAKOON, Q.C., C.J., SMARVANANDA, J., WANASUNDERA, J., WIMALARATNE, J., RATWATTE, J., SOZA, J., RANANSINGHE, J., ABDUL CADER J., AND RODRIGO, J. S.C. APPLICATION NO.47/83, September 8,9,19,22,23, 26 to 30,1983. October 3 to 5, 1983. Sixth Amendment to the Constitution - Is the one month time limit for taking oaths mandatory or Cont..
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SLR-1984 Vol.1-P215
SLR - 1984 Vol.1, Page No - 215 ABEYWICKREMA v. PATHIRANA SUPREME COURT SHARVANANDA, A.C, J., WANASUNDERA, J. AND RANASINGHE,J., S.C. REFERENCE No. 3/83,ELECTION PETITION No. 5/1983. DECEMBER 14, 1983. Election Petition - Articles 57(1) and 58(1) of the Constitution - Delegation of powers of appointment, transfer, dismissal and disciplinary control of Public Officers by Public Service Commission or Committee thereof - Article 55 (5) of the Constitution - Jurisdiction of Election Court to decide questions regarding validity of acceptance of letter of resignation of a Public Officer - Reference to Supreme Court in terms of Article 125 (1) of the Constitution. Cont..
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SLR-1984 Vol.1-P319
SLR - 1984 Vol.1, Page No - 319 GANESHANANTHAM v. VIVIENNE GOONEWARDENE AND THREE OTHERS SUPREME COURT. SAMARAKOON, C. J., SHARVANANDA, J., WANASUNDERA, J., WIMALARATNE, J., COLIN THOME', J., RANASINGHE, J. AND RODRIGO, J. S. C. No 6/83 SPECIAL - S. C APPLICATION No. 20/83. JANUARY 16, 17, 23, 24, 25, 26, 27 AND 31, 1984. Per incuriam rule - Revisionary and inherent powers of the Supreme Court to review its own judgment - Natural Justice - Audi alteram partem - Justice must be seen to be done - Articles 126 (2) and (4) and 134 (3) of the Constitution - Rule 65 (1) and Rule 65 (4) (ii) of the Supreme Court Rules. The petitioner-respondent (Mrs. Vivienne Goonewardena) made an application (S.C. 20/83) to the Cont..
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SLR-1984 Vol.1-P98
SLR - 1984 Vol.1, Page No - 98 THIYAGARAJAH v. SHAHUL HAMEED AND TWO OTHERS COURT OF APPEAL L .H. DE ALWIS, J. AND MOONEMALLE, J. C.A. 518/82-D. C. MATALE L/2999 OCTOBER 17, 18, 19, 20, 24, 25, 26,27, 2.8, 1983; NOVEMBER 7, 8, 9, 10, 11, 14. 17, 18, 1983, DECEMBER 8 and 9, 1983. Inerim Injunction to restrain structural alterations-Notice issued without enjoining order -Pending Inquiry respondents restore premises to former condition. Contempt Of Court, sections 792 and 793 Of Civil Procedure Code read with Article 105(3) Of the Constitution. The 1st defendant-respondent was the tenant of premises No. 128. Trincomalee Street, Matale. On the Cont..
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SLR-1984 Vol.2-P193
SLR - 1984 Vol.2, Page No - 193 CHANDRADASA NANAYAKKARA v. LIYANAGE CYRIL COURT OF APPEAL ATUKORALE, J. (PRESIDENT), TAMBIAH, J. AND L. H. DE ALWIS, J. APPLICATION No. CA/APN/GEN/10/84. JUNE 26, 1984. Contempt of Court ? Article 105 (3) of the Constitution. The Magistrate of Kandy had found the respondent's wife guilty of the unlawful possession of 1123 grains of ganja, an offence publishable under the Poisons, Opium and Dangerous Drugs Ordinance and sentenced her to pay a fine of Rs. 2,000 and in default of payment to undergo six months rigorous imprisonment. She failed to pay the fine and was kept in the custody of the Fiscal officers pending removal to prison to serve the default term. The Magistrate after adjourning the sittings of court for the day was in his Chambers attending to his duties. Before his wife could be removed the Cont..
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SLR-1984 Vol.2-P253
SLR - 1984 Vol.2, Page No - 253 COLLETTES LIMITED v. BANK OF CEYLON SUPREME COURT, SHARVANANDA, J., ABDUL CADER, J. AND RODRIGO, J. S.C No. 48/83 - C. A. No. 325/74 (F) - D. C. COLOMBO 73754/M. JUNE 18 TO 20, 25 TO 27, 29, 1984. JULY 2 TO 5, 9 TO 11, 13, 16 TO 19, 23 TO 27, 30, 31, 1984. AUGUST 1 TO 3, 6, 7, 9, 27, 1984. Jurisdiction of Supreme Court to review concurrent findings of fact arrived at by the lower Courts - Articles 127 and 128 of the Constitution - Assessment of demeanour of witnesses by trial Judge - Non-production of Register - Presumption under section 114 of the Evidence Ordinance - Obligation to send bank statements by post - Acquiescence - Imputation of agent's knowledge to principal -Estoppel by acquiescence - Scope of servant's authority - Effect of prohibition to determine whether an act of fraud and negligence by an Cont..
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SLR-1984 Vol.2-P45
SLR - 1984 Vol.2, Page No - 45 KUMARANATUNGE v. JAYAKODY AND ANOTHER COURT OF APPEAL H, D TAMBIAH, J. (ELECTION JUDGE). ELECTION PETITION No. 7 OF 1983. ELECTORAL DISTRICT No. 17 - MAHARA. JANUARY 30, 1984, FEBRUARY 1, 2, 3, 6, 7 AND 8, 1984. Election Petition - Election held pursuant to Article 168 (1) (d) (iii) - Petition to Invalidate election on the ground inter alia of the corrupt practice of making false statements of fact in relation to the personal character and conduct of the petitioner - Section 58 (d) read with section 77 (d) of the Ceylon (Parliamentary Elections) Order-in-Council 1946 - Article 35 of the Constitution
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SLR-1985 Vol.1-P1
SLR - 1985 Vol.1, Page No - 1 SHEELA SINHARAGE v. THE ATTORNEY- GENERAL SUPREME COURT. WIMALARATNE, J., RANASINGHE, J. AND RODRIGO, J. S.C. 2/84 - H.C. COLOMBO 692/79. OCTOBER 3, 1984. Abortion - Death caused by septic abortion - S. 305 of the Penal Code - Dying deposition - Perusal and use of it by Judge when not produced before him in evidence - S. 110(4) of the Code of Criminal Procedure Act - Witness refreshing memory from notes - Conflicting accounts of statement of deceased - Sections 32 and 33 of the Evidence Ordinance - Need for corroboration - Corroboration coming circuitously from deceased herself and not from independent quarter - Use of false denial by Cont..
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SLR-1985 Vol.1-P156
SLR - 1985 Vol.1, Page No - 156 PERERA v. ATTORNEY - GENERAL COURT OF APPEAL G.P.S DE SILVA, J AND JAMEEL, J C.A.415/76 (DC) COLOMBO A/54/Z JANUARY 24, 1895 Army Act, Section 10 - Withdrawal of Commission as Lieutenant in Sri Lanka Army Volunteer Force - Regulations 72 and 73 of the Sri Lanka Volunteer Force Regulations - Holding office during pleasure - Application of principles of natural justice in cases of dismissal from office held during pleasure. Cont..
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SLR-1985 Vol.1-P74
SLR - 1985 Vol.1, Page No - 74 MALLIKARACHCHI v. SHIVA PASUPATI, ATTORNEY-GENERAL SUPREME COURT. SHARVANANDA, C. J., WANASUNDERA, J., COLIN-THOME, J., RANASINGHE, J. AND ABDUL CADER, J. S.C. APPLICATION No. 107/84. NOVEMBER 19 AND 20, 1984. Immunity of President -Proscription orders made under Emergency Regulations - Infringement of fundamental rights under Article 14 (1), (a), (b), (c) and (d) and Article 12 (2) of the Cont..
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SLR-1985 Vol.2-P124
SLR - 1985 Vol.2, Page No - 124 KUMARANATUNGE v. JAYAKODY AND ANOTHER SUPREME COURT. SHARVANANDA, C. J., WANASUNDERA, J., COLIN-THOME, J. ATUKORALE, J. AND L. H. DE ALWIS, J. S.C. ELECTION PETITION APPEAL No. 5/84. ELECTION PETITION No. 7/83. FEBRUARY 25, 26, 27 AND 28 AND MARCH 1, 4, 5, 7 AND 8, 1985. Cont..
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SLR-1985 Vol.2-P164
SLR - 1985 Vol.2, Page No - 164 KULARATNE v. CHANDRANANDA DE SILVA AND ANOTHER SUPREME COURT, SHARVANANDA, C.J. COLIN-THOME, J. AND ATUKORALE, J.S.C. REF. 1/85. C.A. APPLICATION No. 112/85. JUNE 10 AND 11, 1985. Election Law - Article 123 (1) of the Constitution - Person found guilty of corrupt practice of making false statement when acting as an" agent' of a candidate at a Parliamentary Election and with his knowledge and consent - is candidate subject to disqualification ? - Articles 88; 89(e) (iii) and 90 of the Constitution read with Section 82 D (b) (ii) of Ceylon Parliamentary Elections Cont..
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SLR-1985 Vol.2-P341
SLR - 1985 Vol.2, Page No - 341 PETER LEO FERNANDO v. THE ATTORNEY-GENERAL AND TWO OTHERS SUPREME COURT. COLIN-THOME, J., RANASINGHE, J., ATUKORALE, J., TAMBIAH, J. AND L. H. DE ALWIS. J S. C. APPLICATION No. 31/85. JULY 11, 1985. Constitution- Fundamental Rights - Violation by Judge - Does it amount to infringement by executive or administration action ? - Immunity for judicial acts -Articles 4, 1!, 13, 14, 17 and 126 of the Constitution - Code of Criminal Procedure Act No. 15 of 1979, s. 136, 139 and 142 - Section 70 of Cont..
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SLR-1985 Vol.2-P 77
SLR - 1985 Vol.2, Page No - 77 JAYASINGHE v. JAYAKODY AND OTHERS SUPREME COURT SHARVANANDA, C.J., WANASUNDERA, J., COLIN-THOME, J., ATUKORALE, J. AND L. H. DE ALWIS, J. S. C. ELECTION PETITION - APPEAL No. 4/84. C.A. No. 3/83. FEBRUARY 25, 26, 27 AND 28 AND MARCH 1, 4, 5, 7 AND 8, 1985. Election Petition - Sections 80A, 80B, 80C of the Ceylon (Parliamentary Elections) Order-in-Council Cont..
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SLR-1986 Vol.1-P120
SLR - 1986 Vol.1, Page No - 120 ABEYWICKREMA v. PATHIRANA AND OTHERS SUPREME COURT. SHARVANANDA, C.J., WANASUNDERA, J., RANASINGHE, J., ATUKORALA, J, AND L. H. DE ALWIS, J, ELECTION PETITION No, 5/83. ELECTION PETITION APPEAL No. 1/85. ELECTORAL DISTRICT No. 66 -AKMEEMANA. DECEMBER 2, 3, 4, 5, 9, 11, 17, 18, 19 AND 20, 1985. Cont..
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SLR-1986 Vol.1-P30
SLR - 1986 Vol.1, Page No - 30 PHILIP GORDON JAMES BENWELL V. THE ATTORNEY-GENERAL SUPREME COURT. SHARVANANDA, C.J., ATUKORALE, J. AND TAMBIAH, J. S.C. APPEAL No. 56/84. C.A. APPEAL No. 63/83 AND C.A. (REV.) APPLICATION No. 978/82. H.C. COLOMBO CASE No. EXTRADITION 1/1981. NOVEMBER 13, 14 AND 15, 1985. Extradition - Extradition Law No. 8 of 1977 - Authentication of documents - Revisionary Cont..
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SLR-1986 Vol.1-P300
SLR - 1986 Vol.1, Page No - 300 C.W. MACKIE & CO., LTD. v. HUGH MOLAGODA, COMMISSIONER-GENERAL OF INLAND REVENUE AND OTHERS SUPREME COURT. S. SHARVANANDA, C.J., ATUKORALE, J. AND TAMBIAH, J. S.C. APPLICATION No. 85/85, SEPTEMBER 20, 1985 AND OCTOBER 1, 1985. Business Turnover Tax - Fundamental Right to equality - Articles 12(1) and 126(4) of Constitution- Turnover Tax Act, No. 69 of 1981 - Order of Minister of Finance and Planning published in Gazette Extraordinary No. 247/11 of 1.6.1983 - Excepted articles - Is order of Minister retrospective? - Is refusal to refund B.T.T. discriminatory? - Equality. Cont..
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SLR-1987 Vol.2-P20
SLR - 1987 Vol.2, Page No - 20 MOONESINGHE AND OTHERS v. ATTORNEY-GENERAL SUPREME COURT. SHARVANANDA, C.J., WANASUNDERA, J., COLIN-THOME, J., RANASINGHE, J. AND TAMBIAH. J. S.C. APPLICATION No. 6/86 (Spl.) S.C. APPLICATION No. 174/86. JANUARY 19 AND 20, 1987. Cont..
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SLR-1987 Vol.2-P312
SLR - 1987 Vol.2, Page No - 312 IN RE THE THIRTEENTH AMENDMENT TO THE CONSTITUTION AND THE PROVINCIAL COUNCILS BILL SUPREME COURT. S. SHARVANANDA, C.J., R. S. WANASUNDERA, J., P. COLIN-THOME, J., K. A. P. RANASINGHE, J., E. A. D. ATUKORALE, J, H. D. TAMBIAH, J., L. H. DE ALWIS, J., O. S. M. SENEVIRATNE, J., AND H. A. G. DE SILVA, J., S. C. 7/87 (Spl) TO S.C. 48/87 (Spl). S.D. No. 1/87 & S.D. No. 2/87 Cont..
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SLR-1988 Vol.1-P191
SLR - 1988 Vol.1, Page No - 191 HEBTULABHOY & Co. LTD. V. A. L. M. FERNANDO, HIGH COURT JUDGE & OTHERS SUPREME COURT. ATUKORALE, J. H. A. G. DE SILVA, J. AND G: P. S. DE SILVA, J. S.C. REFERENCE No. 2/87; C.A. APPLICATION No. 875/87, D. C. COLOMBO No. 2316/Spl. JANUARY 12, 13, 14 AND 22, 1988. Cont..
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SLR-1988 Vol.2-P383
SLR - 1988 Vol.2, Page No - 383 RAJAPAKSE v. KULARATNE AND OTHERS SUPREME COURT SHARVANANDA, C.J. WANASUNDERA, J.. COLIN-THOME, J. RANASINGHE, J. ATUKORALE, J. TAMBIAH, J. Cont..
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SLR-1989 Vol.1-P115
SLR - 1989 Vol.1, Page No - 115 CHANDRASIRI v. THE ATTORNEY GENERAL SUPREME COURT TAMBIAH J, H A. G. DE SILVA J. AND FERNANDO J. S.C. APPEAL NO. 80 of 1986 S C. (S.L.A.) APPLICATION NO. 1 65 of 1 986 CA. NO. 647 of 1 982 (F) D.C. GALLE NO 4279/M JUNE 28 AND OCTOBER 20, 1988 Cont..
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SLR - 1989 Vol.2-P230
SLR - 1989 Vol.2, Page No - 230 WICKREMASINGHE v. THE MONETARY BOARD OF THE CENTRAL BANK OF SRI LANKA AND ANOTHER COURT OF APPEAL ANANDACOOMARASWAMY, J. CA APPLICATION No. 786/88 JUNE 08 AND 15, 1989 Writ of Certiorari - Control of Finance Companies Act, No. 27 of 1979, section 21 A - Regulations under Public Security Ordinance - Finance Companies Act. No. 78 of 1988, sections 45(3) and (A) - Maintainability of application - Ouster or preclusive clause. Cont..
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SLR-1990 Vol.2-P199
SLR - 1990 Vol.2, Page No - 199 ISMALEBBE v. JAYAWARDENA, ASSISTANT COMMISSIONER OF AGRARIAN SERVICES AND OTHERS COURT OF APPEAL, S. N. SILVA, J., C. A. APPLICATION No. 978/83, OCTOBER 08, 1990. Interpretation - Whether application of a Proviso of a section is restricted to the section immediately proceeding it-Agrarian Services Act, No. 58 of 1979, Sections 4(1) and (2)-Need for interpretation of any provision to be consistent with the provisions of the Constitution. Cont..
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SLR-1990 Vol.2-P249
SLR - 1990 Vol.2, Page No - 249 MENDIS v. DUBLIN DE SILVA AND TWO OTHERS SUPREME COURT, FERNANDO, J., KULATUNGA, J. AND DHEERARATNE J., S. C. No. 67/86 - S. C. SPECIAL LA/130/86 - C. A. APPEAL No. 57/79(F) D. C. HAMBANTOTA P/80, MARCH 14 and 15, 1990. Constitution-Interpretation "aggrieved party" within the meaning of Article 128(1) of the Constitution - Partition Law, No. 21 of 1977, S. 25(2) - Locus standi. Cont..
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SLR-1990 Vol.2-P420
SLR - 1990 Vol.2, Page No - 420 ALL CEYLON MATCH WORKERS UNION v. JAUFFER HASSAN AND OTHERS SUPREME COURT, AMERASINGHE. J , DHEERARATNE ,J., GOONEWARDENE, J. S C. APPEAL No. 35/90, NOVEMBER 13, 1990. Cont..
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SLR-1991 Vol.2-P408
SLR - 1991 Vol.2, Page No - 408 GOMES v. M. H. MOHAMED, SPEAKER OF PARLIAMENT COURT OF APPEAL. WIJEYARATNE, J., AND EDUSSURIYA, J. C. A. APPLICATION NO. 1000/91. NOVEMBER 27, 1991. Mandamus and Certiorari - Constitutional duty under Article 38 (2)(c) of the Constitution - Parliament (Powers and Privileges) Act, No. 21 of 1953. The entertainment of the resolution under Article 38(2)(a) of the Constitution by the respondent as Speaker and the fact that the respondent subsequently "ceased to entertain" the resolution and any orders made thereon are part of the proceedings of Parliament and cannot be questioned in any Court of Law whether by way of writ or otherwise. In its narrow sense the expression "proceedings in Parliament" is used to denote the formal transaction of business in the House or to committees. In its wider sense the expression includes Cont..
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SLR-1992 Vol.1-P286
SLR - 1992 Vol.1, Page No - 286 RATNASIRI PERERA v. DISSANAYAKE, ASSISTANT COMMISSIONER OF CO-OPERATIVE DEVELOPMENT AND OTHERS SUPREME COURT, BANDARANAYAKE, J., M. D. H. FERNANDO, J. AND AMERASINGHE, J. S.C. REFERENCES 1 to 17/91 (Consolidated) Cont..
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SLR-1992 Vol.1-P76
SLR - 1992 Vol.1, Page No - 76 WEERASINGHE v. CHANDANANDA DE SILVA, COMMISSIONER OF ELECTIONS AND OTHERS SUPREME COURT H. A. G. DE SILVA, J. BANDARANAYAKE, J. AND KULATUNGA, J. S.C. ELECTION PETITION APPEAL NO. 1/89 Cont..
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SLR-1992 Vol.2-P1
SLR - 1992 Vol.2, Page No - 1 SIRIMAVO BANDARANAIKE v. RANASINGHE PREMADASA AND CHANDANANDA DE SILVA SUPREME COURT G. P S. DE SILVA, C.J. P. RAMANATHAN, J. S. B. GOONEWARDENE, J. P R. P PERERA, J. AND A. S. WIJETUNGA, J. Cont..
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SLR-1993 Vol.1-P376
SLR - 1993 Vol.1, Page No - 376 AMARASINGHE AND OTHERS v. THE ATTORNEY-GENERAL AND OTHERS (COLOMBO - KATUNAYAKE EXPRESSWAY CASE) SUPREME COURT. FERNANDO, J. GOONEWARDENE J. AND PERERA J. S.C. (SPL) NO. 6/92, JANUARY 21st AND 22nd, 1993. Cont..
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SLR-1993 Vol.2-P135
SLR - 1993 Vol.2, Page No - 135 GAMINI DISSANAYAKE (PETITIONER IN SC 4/91) v. M. C. M. KALEEL AND OTHERS (Note : Similar applications in Cases Bearing No. 5/91, No. 6/91, No. 7/91, No. 8/91 and 9/91, No. 10/91, No. 11/91 were heard together and disposed of in one judgment). SUPREME COURT. FERNANDO, J. KULATUNGA, J. AND WADUGODAPITIYA, J. S.C. (Special). No. 4 - 11/91. Cont..
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SLR-1993 Vol.2-P90
SLR - 1993 Vol.2, Page No - 90 TILAK KARUNARATNE v. MRS. SIRIMAVO BANDARANAIKE AND OTHERS SUPREME COURT. DHEERARATNE, J. RAMANATHAN, J. AND WIJETUNGA, J. SC (Spl.) 3/93. JULY 26, 27, 28, 29, 30 AND AUGUST 2, 3, 1993. Constitutional Law - Article 99(13) (a) and (c) of the Constitution - Expulsion from political party - De facto exercise of power by party office bearers - Freedom of speech - Freedom of Association - Failure to use for a within party to ventilate grievances - Article 14(1) (a) and (c) of the Constitution - To what extent can freedom of speech be restricted by the requirement of Cont..
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SLR-1994 Vol.1-P293
SLR - 1994 Vol.1, Page No - 293 WERAGAMA v EKSATH LANKA WATHU KAMKARU SAMITHIYA AND OTHERS SUPREME COURT FERNANDO, J. DHEERARATNE, J. AND WADUGODAPITIYA, J. S.C. APPEAL NO. 45/94 H.C. (WP) NO. 21/92 OCTOBER 28TH, 1994. Certiorari and Mandamus - High Court of a Province - Jurisdiction to issue writs of Certiorari and Mandamus against the President of a Labour Tribunal - Constitution Article 154 P(3) and (4) - High Court of the Provinces (Special Provisions) Act No. 19 of 1990, s. 3. Article 154P introduced by the Thirteenth Amendment did not confer on High Courts writ jurisdiction in respect of Presidents of Labour Tribunals. Nor did Parliament by Law confer such a jurisdiction on High Courts under and in terms of Article Cont..
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SLR-1994 Vol.1-P319
SLR - 1994 Vol.1, Page No - 319 JAYATILLAKE AND ANOTHER v. KALEEL AND OTHERS SUPREME COURT. FERNANDO, J., KULATUNGA, J. AND WADUGODAPITIYA, J. SC APPLICATIONS 1 & 2/92 FEBRUARY 3RD, 5TH, 6TH, 7TH AND 11TH, 1992. Expulsion from membership of political party - Conduct. violative of the provisions of the party Constitution - Signing of impeachment motion against the President and revoking the signatures - Recommendation of Disciplinary Committee of Par" Working Committee - Constitution, Articles 10, 14(a), 38(2)(a) and 99 (13)(a) - Constitutional right to sign Notice of resolution of impeachment - Signing the Notice without knowing contents - Understanding that no disciplinary action would be taken against those who retract - Right to lead oral evidence - Affidavit sworn before deponent's own Proctor - Delegation of powers - Natural justice - Audi alteram partem rule - Oral hearing - Fair hearing - 'Observances" and "Explanations" - Internal discussion - Deceitful conduct - Misconduct - Rules 3(d), 17(2) of the Party Constitution - Promissory estoppel - Future misconduct Cont..
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SLR-1994 Vol.2-P90
SLR - 1994 Vol.2, Page No - 90 PREMACHANDRA v. MAJOR MONTAGUE JAYAWICKREMA AND ANOTHER (PROVINCIAL GOVERNORS' CASE) SUPREME COURT. G. P. S. DE SILVA, C.J., BANDARANAYAKE, J., FERNANDO, J. S.C. REFERENCE NOS. 2/93 & 3/93. C.A. APPLICATION NOS. 376/93 & 377/93. S.C. REFERENCE NOS. 4/93 & 5/93. C.A. APPLICATION NOS. 378/93 & 379/93. JULY 07, 08 AND 09, 1993. Provincial Councils - Governors' duty to appoint the Chief Ministers - Constitution Article 154F - Appointment of UNP contenders as Chief Ministers - Quo Warranto, Certiorari and Mandamus - Article 154F (4) of the Constitution excluding the proviso - Article 154F (2) and (6) of the Constitution - Reference under Article 125 of the Constitution - Governor's powers - Justiciability of the Cont..
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SLR-1994 Vol.3-P138
SLR - 1994 Vol.3, Page No - 138 P. R. DE SILVA v. KALEEL AND OTHERS COURT OF APPEAL. PALAKIDNAR, J. (PRESIDENT, COURT OF APPEAL), WIJEYARATNE, J. AND WEERASEKERA, J. C.A. APPLICATION NO. 679/92 NOVEMBER 6, 11, 12 & 13, 1992. Provincial Councils - Expulsion of Provincial Council Member from U.N.P. membership - Provincial Councils Elections Act, No. 2 of 1988, s. 63(1) - Provincial Councils Act, No. 42 of 1987 s. 3 - Article 154 of the Constitution. Held: Section 63(1) of the Provincial Councils Elections Act, No. 2 of 1988, which provides for an expulsion of a Provincial Council Member is not invalid, because this provision has not been included in the Constitution (which establishes Provincial Councils) nor in the Provincial Councils Cont..
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SLR-1994 Vol.3-P91
SLR - 1994 Vol.3, Page No - 91 BROWN & CO. LTD. AND ANOTHER v. RATNAYAKE, ARBITRATOR AND OTHERS SUPREME COURT BANDARANAYAKE, J. KULATUNGA, J. WADUGODAPITIYA J. S.C. APPEAL NO. 18/90 S.C. SPL. L.A. 59/90 C.A./LA./S.C. 15/89 C.A. APPLICATION NO. 566/85 JANUARY 17 AND APRIL 03,1992. Certiorari - Non-compliance with Rule 46 of the Supreme Court Rules of 1978 - Failure to file certified copy of proceedings where impugned award of Arbitrator was made in respect of services - Rule 50 of the Supreme Court Rules - Interest on amount awarded. Cont..
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SLR-1995 Vol.1-P148
SLR - 1995 Vol.1, Page No - 148 W. K. C. PERERA v. PROF DAYA EDIRISINGHE AND OTHERS SUPREME COURT. FERNANDO, J. DHEERARATNE , J. AND WADUGODAPITIYA, J. S.C. APPEAL NO. 18/95 C. A. NO. 207/93 JULY 06, 1995 Writs of Certiorari and Mandamus - Rules and Regulations for the conferment of Degree - Main Cont..
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SLR-1995 Vol.2-P120
SLR - 1995 Vol.2, Page No - 120 JAYAWEERA v. NATIONAL FILM CORPORATION SUPREME COURT G. P. S. DE SILVA, C.J. KULATUNGA, J., RAMANATHAN, J. S.C. APPLICATION 119/93 (WITH S.C. APPLICATIONS NOS. 120-144/93) Constitutional Law - Article 126 of the Constitution - Time Bar - Relevant date for computation of time. Cont..
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SLR-1995 Vol.2-P158
SLR - 1995 Vol.2, Page No - 158 SIRISUMANA v. ILLANGARATNE AND OTHERS SUPREME COURT G. P. S. DE SILVA, C.J. KULATUNGA, J., WADUGODAPITIYA, J. JULY 03 AND JULY 10, 1995. Constitution - Tea Control Department - Employee - Promotion Discriminatory and Violative of Article 12(i) - Merit - Seniority. The Petitioner is the Administrative Officer, grade V attached to the Tea Small Holdings Cont..
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SLR-1995 Vol.2-P167
SLR - 1995 Vol.2, Page No - 167 BANDARA v. WICKREMASINGHE SUPREME COURT G. P. S. DE SILVA, C. J. KULATUNGA J. RAMANATHAN, J. S.C. 190194 MARCH 19, AND JUNE 05, 1995. Constitution - Article 11 of the Constitution - Student - Assaulted during school hours by school Authorities - Private Act not involving use of the coercive power of the State - Whether Executive or Administrative action - Acting under colour of office - Disciplinary Action not violative of Cont..
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SLR-1995 Vol.2-P17
SLR - 1995 Vol.2, Page No - 17 SUMANADASA v. HATHURUSINGHE COURT OF APPEAL GUNASEKERA, J., YAPA, J. C.A. NO. 66/93 H. C. (N.W.P.) NO. 246/93 M.C. GALGAMUWA 7023/M DECEMBER 15, 1994 AND JANUARY 13,1995. Maintenance - Appeal to Provincial High Court - Order set aside - Appeal to the Court of Appeal - Cont..
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SLR-1995 Vol.2-P324
SLR - 1995 Vol.2, Page No - 324 DHARMARATNE AND ANOTHER v. SRI LANKA EXPORT DEVELOPMENT BOARD AND 13 OTHERS SUPREME COURT FERNANDO, J. WADUGODAPITIYA, J. PERERA, J. S.C. 115/94 SEPTEMBER 28, 1994. Constitution - Art. 12 (1) of the Constitution - Promotion - Seniority - Experience - Additional qualifications - Weightage to be given - Absence of due performance appraisal system. Cont..
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SLR-1996 Vol.1-P180
SLR - 1996 Vol.1, Page No - 180 MAHINDASOMA v. MAITHRIPALA SENANAYAKE AND ANOTHER COURT OF APPEAL. DR. GUNAWARDENA, J. AND J. A. N. DE SILVA, J. C. A. APPLICATIONS NOS. 17/96 AND 18/96 29 FEBRUARY , 1,5,6,7,11 and 12 March, 1996. Provincial Councils - Dissolution - Writs of Certiorari and Prohibition -Whether the Governor has a discretion, when he exercises the power of dissolution of a Provincial Council, vested in him under Cont..
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SLR-1996 Vol.1-P238
SLR - 1996 Vol.1, Page No - 238 ATUKORALE v. ATTORNEY GENERAL SUPREME COURT G.P.S de SILVA, C.J. KULATUNGA, J. AND RAMANATHAN, J. S.C. (S. D) NO. 2 of 1995. 28 DECEMBER, 1995. Constitutional Law-Bill to amend Pradeshiya Sabhas Act - Power to vary limits of and number of Cont..
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SLR-1996 Vol.1-P294
SLR - 1996 Vol.1, Page No - 294 WICKREMASINGHE AND OTHERS v. CORNEL PERERA AND OTHERS SUPREME COURT. FERNANDO, J. DHEERARATNE, J. AND WIJETUNGA, J. S.C. (S. L. A.) NO. 49/96. C.A. REVISION APPLICATION NO. 889/95. D.C. COLOMBO NO. 4413/Spl. Cont..
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SLR-1996 Vol.1-P364
SLR - 1996 Vol.1, Page No - 364 MAHINDASOMA v. HON. MAITHRIPALA SENANAYAKE AND OTHERS COURT OF APPEAL. DR. GUNAWARDENA, J. ASOKA DE SILVA, J. C.A. APPLICATION NO. 17/96. 11, 12, and 16 JANUARY 1996. Provincial Council - Dissolution of the Provincial Council by the GovernorWrit of Certiorari and Prohibition- When would the Court would grant interim relief? - Principles governing issue of stay Cont..
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SLR-1996 Vol.1-P408
SLR - 1996 Vol.1, Page No - 408 MIGULTENNE v. THE ATTORNEY-GENERAL SUPREME COURT. FERNANDO, J. DHEERARATNE, J. AND PERERA, J. S.C. REFERENCE NO.3/94. C.A. NO. 246/86 (F). D.C. COLOMBO N0.3346/Z. Cont..
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SLR-1996 Vol.1-P70
SLR - 1996 Vol.1, Page No - 70 JEYARAJ FERNANDOPULLE v. PREMACHANDRA DE SILVA AND OTHERS SUPREME COURT. G.P.S. DE SILVA, C. J., AMERASINGHE, J., WADUGODAPITIYA, J., RAMANATHAN, J. AND ANANDACOOMARASWAMY, J. S. C. APPLICATION NOS. 66 & 67/95. Cont..
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SLR-1996 Vol.2-P301
SLR - 1996 Vol.2, Page No - 301 ALEXANDER v. CHANDRANANDA DE SILVA, COMMISSIONER OF ELECTIONS AND OTHERS SUPREME COURT. DHEERARATNE. J. WADUGODAPITIYA, J, AND WIJETUNGA, J. S.C. APPEAL NO. 1/95. C.A. ELECTION PETITION NO. 2/94. Cont..
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SLR-1997 Vol.1-P208
SLR - 1997 Vol.1, Page No - 208 ATAPATTU AND OTHERS v. PEOPLE'S BANK AND OTHERS SUPREME COURT. FERNANDO. J., DHEERARATNE, J. AND WADUGODAPITIYA, J. S.C. APPEAL NOS. 20/96 AND 76/96 C.A. APPLICATIONS NOS. 539 AND 814/94 SEPTEMBER 23, 1996. Redemption of Land - Finance Act No. 11 of 1963 as amended by Act No. 33 of 1968 and Law No. 16 of 1973 - Substitution of successor for a deceased applicant - Section 71 of the Finance Act. Held: Upon the death of an applicant for the acquisition of a land under section 71 of the Finance Act Cont..
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SLR-1997 Vol.1-P393
SLR - 1997 Vol.1, Page No - 393 GALAPPATHTHI v. BULEGODA AND ANOTHER SUPREME COURT. G. P. S. DE SILVA, C.J., RAMANATHAN, J. AND WIJETUNGA, J. S.C. NO. (SPL.) 248/96. FEBRUARY 3, 5, 6 AND 7, 1997. Expulsion of a member of a recognized political party - Article 99(13) (a) of the Constitution -Audi alteram partem rule. By a letter dated 30.11.96 Sri Lanka Pragathisheeli Peramune (SLPF) a recognized political party which party is represented in Parliament by the petitioner purported to expel the petitioner from Cont..
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SLR-1997 Vol.1-P62
SLR - 1997 Vol.1, Page No - 62 ABEYGUNASEKERA v. SETUNGA AND OTHERS SUPREME COURT. G. P. S. DE SILVA, C.J., KULATUNGA, J. AND RAMANATHAN, J. S.C. REFERENCE NO. 1/94. C.A. APPEAL NO. 18/92 (PHC). H.C. COLOMBO NO. 22/91 (REV) M.C. MT. LAVINIA NO. 68192. MAY 26, 1995. Jurisdiction of the Court of Appeal to hear appeals from orders of a Provincial High Court made in the exercise of its Revisionary Jurisdiction - Article 154P (3) (b), 154P (6) and 138(1) of the Constitution- Section 74(2) of the Primary Courts' Procedure Act No. 44 of 1979. Cont..
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SLR-1997 Vol.1-P88
SLR - 1997 Vol.1, Page No - 88 MALEGODA v. JOACHIM SUPREME COURT. G. P. S. DE SILVA, C.J., PERERA, J. AND WIJETUNGA, J. S.C. APPEAL NO. 110/95 H. C. COLOMBO NO. 33/91 M.C. COLOMBO NO. 65573 NOVEMBER 20, 1996. Appeal - Jurisdiction of the High Court to entertain an appeal - Right of Appeal - Urban Development Authority Law No. 41 of 1978 as amended, Sections 19D(1) and 19H(1) - Article 154P(3) (b) of the Constitution. The appellant appealed to the Court of Appeal against an order made by the Magistrate in proceedings under Section 19D(1) of the Urban Development Authority Law No. 41 of 1978, as amended by Act No. 41 of 1988. The Appeal which was filed in the Magistrate's court was forwarded to the Cont..
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SLR-1997 Vol.2-P306
SLR - 1997 Vol.2, Page No - 306 ENVIRONMENTAL FOUNDATION LTD. v. MINISTER OF PUBLIC ADMINISTRATION AND SIX OTHERS COURT OF APPEAL. DR. RANARAJA, J. C.A. 137/96. DECEMBER 17, 1996. Certiorari - Permit to run a Zoo - Locus standi - Implementation and Enforcement of the taw relating to nature, its conservation and the environment - Constitution Articles 28(f) and 29. Fauna and Flora Protection Ordinance No. 2 of 1957 - Amended by Act, No. 49 of 1993 - Section 55 - Alternative remedy. The petitioner, a public interest environmental law and advocacy organisation sought a writ of certiorari to quash the authorisation issued by the Director, Department of Wild Life Conservation (2nd respondent) granted to the 3rd respondent to possess and display 30 species of mammals, reptiles and birds and the decision of the 1st respondent Minister to restore the Permit which was earlier revoked. It was contended that a permit cannot be issued to run a private Zoo, in terms of Cont..
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SLR-1998 Vol.1-P323
SLR - 1998 Vol.1, Page No - 323 THE ATTORNEY-GENERAL V. RUBEROE AND OTHERS SUPREME COURT DHEERARATNE, J., WADUGODAPITIYA, J. and BANDARANAYAKE, J. S.C. APPEAL 82/97 CA. (H.C.A.) 559/85 H.C. COLOMBO EXTRADITION 2/94 Cont..
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SLR-1998 Vol.2-P278
SLR - 1998 Vol.2, Page No - 278 RAMAMOORTHY AND RAMESHWARAN v. DOUGLAS DEVANANDA AND OTHERS SUPREME COURT G. P. S. DE SILVA, CJ., WIJETUNGE, J. AND DR. BANDARANAYAKE, J. S.C. SPL NO. (E) 1 AND 2/97 JULY 24 AND AUGUST 01, 1997. Expulsion from political party - Article 99 (13) (a) of the Constitution - Charges and the audi Cont..
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SLR-1998 Vol.2-P333
SLR - 1998 Vol.2, Page No - 333 MAITHRIPALA SENANAYAKE, GOVERNOR OF THE NORTH-CENTRAL PROVINCE AND ANOTHER v. GAMAGE DON MAHINDASOMA AND OTHERS SUPREME COURT G. P. S. DE SILVA, CJ., AMERASINGHE, J. AND RAMANATHAN, J. S.C. APPEALS NOS. 41 & 42/96 SEPTEMBER 23RD AND 24TH, 1996 Cont..
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SLR-1998 Vol.2-P96
SLR - 1998 Vol.2, Page No - 96 RAJAGURU, INSPECTOR-GENERAL OF POLICE v. RANGE BANDARA AND OTHERS SUPREME COURT FERNANDO, J., WIJETUNGA, J. AND A. DE Z. GUNAWARDANA, J. S.C. APPLICATION NO. 128/96 Application for revision/review - Judgment of the Supreme Court - Fundamental Rights - Interpretation of Articles 15 (8), 55 (5) and 126 of the Constitution. Cont..
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SLR-1998 Vol.3-P265
SLR - 1998 Vol.3, Page No - 265 GUNARATNE v. CHANDRANANDA DE SILVA COURT OF APPEAL YAP A, J., GUNAWARDENA, J., C.A. NO. 927/98 SEPTEMBER 16TH, 22ND, 29TH, 1998 Writ of Certiorari - Public officer sent on compulsory leave by Secretary, Ministry of Defence - Approval given by the Public Service Commission - Validity of such letter - who could issue same - Articles 55, 55 (5) Constitution - Preclusive clause - Could the court question the conduct of the Commission - Excess of jurisdiction/ nullity-ultra vires. The petitioner a senior Deputy Inspector General of Police was sent on compulsory leave by letter dated 17. 8. 98 by the Secretary/Defence as The Commission of Inquiry (Batalanda Commission) had Cont..
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SLR-1999 Vol.1-P1
SLR - 1999 Vol.1, Page No - 1 B. SIRISENA COORAY v. TISSA DIAS BANDARANAYAKE AND TWO OTHERS SUPREME COURT DHEERARATNE, J., GUNAWARDANA, J. AND WEERASEKERA, J. S.C. SPECIAL (WRIT) NO. 1/98 NOVEMBER 18, AND 19, 1998. Cont..
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SLR-1999 Vol.1-P205
SLR - 1999 Vol.1, Page No - 205 CROOS AND ANOTHER v. DABRERA COURT OF APPEAL ISMAIL, J., (P/CA) TILAKAWARDENA, J. C.A. NO. 63/96 D.C. COLOMBO NO. 14930/L NOVEMBER 11, 1998. Contempt of court - Enjoining Order - Contravention - Constitution Art. 105 (3) - Judicature Act s. Cont..
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SLR-1999 Vol.2-P110
SLR - 1999 Vol.2, Page No - 110 WIJAYAPALA MENDIS v. P. R. P. PERERA AND OTHERS SUPREME COURT FERNANDO, J., GUNAWARDANA, J. AND GUNASEKARA, J. S.C. SPECIAL (WRIT) APPLICATION NO. 2/98 C.A. APPLICATION NO. 545/98 Cont..
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SLR-1999 Vol.2-P248
SLR - 1999 Vol.2, Page No - 248 RAMAMOORTHY v. DOUGLAS DEVANANDA AND OTHERS SUPREME COURT FERNANDO, J., WADUGODAPITIYA, J. AND GUNASEKERA, J. S.C. SPECIAL (E) APPLICATION NO. 2/99 WITH S.C. SPECIAL (E) Cont..
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SLR-2000 Vol.1-P172
SLR - 2000 Vol.1, Page No - 172 SARATH AMUNUGAMA AND OTHERS V. KARU JAYASURIYA, CHAIRMAN, UNITED NATIONAL PARTY AND OTHERS SUPREME COURT AMERASINGHE, ACTG. CJ., BANDARANAYAKE, J. AND ISMAIL, J. SC SPL.(E) NO. 4/99 WITH Cont..
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SLR-2000 Vol.2-P175
SLR - 2000 Vol.2, Page No - 175 KOTAKADENIYA v. KODITHUWAKKU AND OTHERS COURT OF APPEAL. DE SILVA, J. CA 1135/99. 24TH, 31ST MARCH, 2000. Writ of Certiorari - Transfer of Police Officers -Delegation of power by the Public Service Commission to the Inspector General of Police - Could a Senior Deputy Inspector General of Police be transferred by the inspector General of Police? - Ultra vires - Ouster clause - Applicability of Article 55 - Constitution - Interpretation Ordinance S.22 - Mala fides. Cont..
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SLR-2000 Vol.2-P340
SLR - 2000 Vol.2, Page No - 340 RAMALINGAM v. PARAMESWARY AND OTHERS COURT OF APPEAL. WIGNESWARAN, J. TILAKAWARDENA, J. CA. 1055/98. P. C. JAFFNA 713. 28TH JANUARY, 2000. Constitution, Articles 138, 154P, 154P(3) (b) - Thirteenth Amendment - Jurisdiction of the Court of Cont..
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SLR-2000 Vol.2-P79
SLR - 2000 Vol.2, Page No - 79 DILAN PERERA v. RAJITHA SENARATHE COURT OF APPEAL. YAPA, J. DE. SILVA. J. CA 1164/98. 16TH,28TH,29TH,30THSEPTEMBER,1999. 06TH,11TH,25TH,26thOCTOBER,1999. 04thNOVEMBER, 1999. Cont..
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SLR - 2000 Vol.3, Page No - 184
SLR - 2000 Vol.3, Page No - 184 184 NIMALARATNE v. ASST: COMMISSIONER OF AGRARIAN SERVICES COURT OF APPEAL JAYASINGHE, J. JAYAWICKREMA, J., CA 111/95 (PHC) PHC KEGALLE NO. 229 11- JANUARY, 2000 Cont..
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SLR-2000 Vol.3-P127
SLR - 2000 Vol.3, Page No - 127 DEVANANDA v. DAYANANDA DISSANAYAKE (COMMISSIONER OF ELECTIONS AND OTHERS) COURT OF APPEAL YAPA, J. KULATILAKE, J. CA 314/99 19TH JULY, 1999 24TH SEPTEMBER, 1999 19TH OCTOBER, 1999 Cont..
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SLR-2000 Vol.3-P184
SLR - 2000 Vol.3, Page No - 184 NIMALARATNE v. ASST: COMMISSIONER OF AGRARIAN SERVICES COURT OF APPEAL JAYASINGHE, J. JAYAWICKREMA, J., CA 111/95 (PHC) PHC KEGALLE NO. 229 11- JANUARY, 2000 Cont..
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SLR-2000 Vol.3-P50
SLR - 2000 Vol.3, Page No - 50 HALWAN AND OTHERS v. KALEELUL RAHUMAN COURT OF APPEAL S.N. SILVA, J. CA APPLICATION NO. 780/88 WB NO. WB/ 165/86 WT NO. W TRIB/ 116/88 17TH MAY, 17TH JUNE, 19TH AUGUST AND 06TH SEPTEMBER 1991 Cont..
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SLR-2001 Vol.1-P105
SLR - 2001 Vol.1, Page No - 105 EKSATH KAMKARU SAMITHIYA v. UPALI NEWSPAPERS LTD AND OTHERS SUPREME COURT FERNANDO, J. WIJETUNGA, J. AND ISMAIL, J. SC APPEAL NO. 70/99 CA WRIT APPL. NO. 615/96 LT NO 2/A/ 1/89 Cont..
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SLR-2001 Vol.2-P124
SLR - 2001 Vol.2, Page No - 124 VERNON BOTEJU V. PUBLIC TRUSTEE COURT OF APPEAL WEERASURIYA, J. UDALAGAMA J C.A. 663/90 D.C. COLOMBO 4956/ZL SEPTEMBER 30, 1989 NOVEMBER 30, 1999 Cont..
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SLR-2001 Vol.2-P156
SLR - 2001 Vol.2, Page No - 156 AUSTRALANKA EXPORTERS PVT LTD v. INDIAN BANK COURT OF APPEAL JAYAWICKRAMA, J. FERNANDO, J. C.A. 1009/98 COM/HC COLOMBO 15/96 FEBRUARY 14, 2001. Cont..
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SLR-2001 Vol.2-P73
SLR - 2001 Vol.2, Page No - 73 DAYANANDA v. THALWATTE COURT OF APPEAL. JAYASINGHE, J. JAYAWICKREMA, J. MC NUWARAELIYA : 9616/97 CA 912/97 2nd DECEMBER, 1999. 1st FEBRUARY, 2000. Cont..
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SLR-2001 Vol.2-P89
SLR - 2001 Vol.2, Page No - 89 INDRA KUMAR v. DAYANANDA DISSANAYAKE AND OTHERS COURT OF APPEAL. J.A.N. de SILVA, J. C.A. NO. 1017/2000. 4TH OCTOBER, 2000. Writ of Certiorari/ Mandamus - Quash decision of Returning Officer accepting nomination paper - Parliamentary Elections Act 1 of 1981 - S. 19, S. 7(5), S.19 1(a), S.19 1(b) Sec. 46(a) - Constitution - Article 99(3), and 140 - Returning Officer Should he hold a formal inquiry? Cont..
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SLR-2001 Vol.3-P132
SLR - 2001 Vol.3, Page No - 132 ADIKARI v. DISSANAYAKE AND OTHERS COURT OF APPEAL WEERASURIYA, J. (P/CA) C.A. NO. 7/ 2000 JUNE 14TH 2001 JULY 16TH 2001 Election Petition - Parliamentary Elections Act No. 1 of 1981 - S. 92(1)(2), S. 96, S. 108 - Scope and grounds - Election Rule No. 14 - Constitution Article 81. Cont..
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SLR-2001 Vol.3-P207
SLR - 2001 Vol.3, Page No - 207 DHARMADASA GOMES v. COMMISSIONER OF ELECTIONS AND ANOTHER COURT OF APPEAL DE SILVA, J. (P/CA) AMARATUNGA, J. C.A. 1045/2001 JULY 31TH, 2000 Writ of Prohibition - Commissioner of Elections - Referendum Act 7 of 1982 - S. 2 - Constitution Cont..
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SLR-2001 Vol.3-P91
SLR - 2001 Vol.3, Page No - 91 SUNIL CHANDRA KUMARA v. VELOO COURT OF APPEAL JAYASINGHE, J. JAYAWICKREMA, J. AMERATUNGA, J. CA(PHC) 2/99 HC 44/96 MARCH 1ST, 2000. Cont..
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SLR-2002 Vol.1-P26
SLR - 2002 Vol.1, Page No - 26 BASHEER SEGU DAWOOD v. FERIAL ASHRAFF AND OTHERS SUPREME COURT AMERASINGHE, J., WADUGODAPITIYA, J. AND GUNASEKERA, J. SC SPECIAL (E) NO. 2/2001 17, 18 AND 19 SEPTEMBER, 2001 Cont..
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SLR-2002 Vol.2-P287
SLR - 2002 Vol.2, Page No - 287 (1) KARAVITA AND OTHERS AND (2) WELIKANNA V. INSPECTOR-GENERAL OF POLICE AND OTHERS COURT OF APPEAL AMARATUNGA, J. CA NO. 736/2000 CA NO. 907/2000 Cont..
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SLR-2002 Vol.3-P71
SLR - 2002 Vol.3, Page No - 71 IN RE THE EIGHTEENTH AMENDMENT TO THE CONSTITUTION SUPREME COURT S. N. SILVA, CJ., WADUGODAPITIYA, J., BANDARANAYAKE, J., ISMAIL, J., EDUSSURIYA, J., YAPA, J. AND J. A. N. DE SILVA, J. Cont..
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SLR-2002 Vol.3-P85
SLR - 2002 Vol.3, Page No - 85 IN RE THE NINETEENTH AMENDMENT TO THE CONSTITUTION SUPREME COURT S. N. SILVA, CJ., WADUGODAPITIYA, J., BANDARANAYAKE, J., ISMAIL, J., EDUSSURIYA, J., YAPA, J. AND J. A. N. DE SILVA, J. Cont..
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SLR-2003 Vol.1-P331
SLR - 2003 Vol.1, Page No - 331 AIR VICE MARSHALL ELMO PERERA v. LIYANAGE AND OTHERS COURT OF APPEAL JAYASINGHE, J. (P/CA) AND EDIRISURIYA, J. CA 850/98 OCTOBER 29 AND NOVEMBER 23, 2001 AND FEBRUARY 06, MARCH 7, AND APRIL 4, 2002 Constitution, Articles 30(1) and 35 -Air Force Act, No. 41 of 1949 - Inquirer appointed to determine whether petitioner is a fit and proper person to hold a Commission by HE the President - Legality of appointment - Does certiorari lie ? - Pleasure principle. The Secretary to the President informed the petitioner (by P1), that Her Excellency the President Cont..
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SLR-2003 Vol.3-P101
SLR - 2003 Vol.3, Page No - 101 BANDARANAYAKE v. JUDICIAL SERVICE COMMISSION COURT OF APPEAL SRIPAVAN, J. CA. 652/2003 JUNE 8, 2003 Writ of Certiorari - Judicial Service Commission - Constitution Articles 111(K), 112 (g) - 17th Amendment - Committee appointed by J.S.C. to inquire into charges against a Judicial Officer - Is the petitioner entitled to a copy of the reasons ? - Long delay - Mala fides - should it be pleaded and enumerated in detail ? Cont..
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SLR-2003 Vol.3-P207
SLR - 2003 Vol.3, Page No - 207 KATUGAMPOLA v. COMMISSIONER-GENERAL OF EXCISE AND OTHERS COURT OF APPEAL TILAKAWARDENA, J. (P/CA) C.A. 283/2003 SEPTEMBER 11, 2003 Writ of Certiorari - Decision of Public Sen/ice Commission -Applicability of the 17th Amendment - Constitution. Article 55 and 61A (17th Amendment) - is there a difference? - Proper Court? Cont..
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SLR-2003 Vol.3-P8
SLR - 2003 Vol.3, Page No - 8 FACY v. SANOON AND OTHERS COURT OF APPEAL UDALAGAMA, J. DISSANAYAKE, J. FERNANDO, J. C.A. 1093/2002 MAY 19 and 27.2003. JUNE 9. 2003 Cont..
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SLR-2004 Vol.1-P365
SLR - 2004 Vol.1, Page No - 365 REV. SERUWILA SARANKITHI AND OTHERS v THE ATTORNEY-GENERAL AND OTHERS COURT OF APPEAL WIJAYARATNE, J., C.A. 852/2002 (Writ) NOVEMBER 4, 2003 Provincial Councils Act, No. 42 of 1987, section 37(2)(a) - Writ of mandamus to hold a Poll Referendum in the Eastern Province - Constitution, Articles 31, 35, 31(3), 44(2) and 87(1) - Immunity of. the President - Attorney-General made a party - Maintainability - Referendum Act, No. Cont..
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SLR-2004 Vol.2-P7
SLR - 2004 Vol.2, Page No - 7 DHARMASIRI AND OTHERS v JANATHA FERTILISER ENTERPRISE LTD AND OTHERS COURT OF APPEAL IMAM, J. C.A. 2211/02 JULY 13,2004 Application for writ of certiorari - Failure of the respondents to comply with Supreme Court Rule 22(3) of 1990 - Right to appear deprived - Respondents sought leave to appeal to the Supreme Court against the said order - Is it a final order? - Could the Court of Appeal grant leave? - Constitution, Art. 128 (1) Civil Procedure Code - Section 575 (5). Cont..
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