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PEIRIS AND ANOTHER v. PERERA AND ANOTHER Sri Lanka
Law Reports 2002 - Volume 2 , Page No - 128
*PEIRIS
AND ANOTHER v. PERERA AND ANOTHER* *(The blogger's understanding of the
judgment is summarized as follows)* *CLICK ON ME* The defendants filed a
petition seeking permission to appeal against the orders issued by the District
Judge on January 19 and January 24, 2001. They also requested a stay of
proceedings in DC Panadura case No. 2794/spl. Initially, the court granted a
stay order on January 31, 2001, but later refused to extend it on April 6,
2001, as the dispute involved a right of way. The situation arose from the
following facts: The District Judge, through his o... read more
GALLELAW BLOGGER5 days ago
Court
Of Appeal - Year 2019 The case involved a dispute over land, with the
petitioner-respondent filing an application under section 66(1)(b) of the
Primary Courts' Procedure Act in the Magistrate's Court seeking to restore
possession of the land. The learned Magistrate issued notice to the respondent
but then dismissed the application without making a determination on
possession. The learned High Court Judge set aside this order and directed the
learned Magistrate to deliver the order afresh on merits. The appellant filed
an appeal against this decision, and the Court of Ap... read more
GALLELAW BLOGGER6 days ago
https://drive.google.com/file/d/1RXGyfGCKoT_JeWOr2TtJtc1wdF0QD6Er/view?usp=sharing read more
GALLELAW BLOGGER1 week ago
The
petitioner who was a retired principal in the public service in Sri Lanka was
found guilty of corruption and placed on compulsory leave and then interdicted
until his retirement. He was later found not guilty after trial. The Public
Service Commission directed a deduction of 25% from his gratuity, a deduction
of 10% from his pension, and half wages for the period of his interdiction up
to retirement. The petitioner contends that the deduction of 10% from his
pension was illegal because he was not given an opportunity to explain the
findings of the disciplinary inquiry against ... read more
GALLELAW BLOGGER1 week ago
https://drive.google.com/file/d/1RXGyfGCKoT_JeWOr2TtJtc1wdF0QD6Er/preview?usp=sharing read more
GALLELAW BLOGGER1 week ago
GALLELAW BLOGGER1 week ago
"https://drive.google.com/file/d/https://drive.google.com/file/d/1RXGyfGCKoT_JeWOr2TtJtc1wdF0QD6Er/view?usp=sharing/preview" read more
GALLELAW BLOGGER1 week ago
GALLELAW BLOGGER1 week ago
<iframe
src="https://drive.google.com/file/d/ https://drive.google.com/file/d/1RXGyfGCKoT_JeWOr2TtJtc1wdF0QD6Er/view?usp=sharing read more
GALLELAW BLOGGER1 week ago
*DOUGLAS
ARIYASINGHE AND OTHERS* *VS* *T.M. EKANAYAKE AND OTHERS - HON. JANAK DE SILVA,
J.* *Case No: CA(PHC) 101/2013* H.C. Polonnaruwa Case No: M.C. Hingurakgoda
Case No: 18037 1. Douglas Ariyasinghe, No.1/1, Kesel Kotuwa, Yodha Ela,
Hingurakgoda. 2. R.P. Tikiri Menike No.18, Kesel Kotuwa, Yodha Ela,
Hlngurakgoda. *Respondents-Petitioners-AppellantsVs.* 1. T.M. Ekanayake
No.18/2, Yodha Ela, Hingurakgoda. 2. P.R Sunil Premadasa No.11, Kadabima, Yodha
Ela, Hingurakoda. *Petitioners-Respondents-Respondents* *2* *Before :* K.K.
Wickremasinghe J. Janak De Silva J.... read more
GALLELAW BLOGGER1 week ago
ghi read more
GALLELAW BLOGGER1 week ago
This
judgment concerns the propriety of a final decree entered in a partition
action. The case revolves around the question as to whether a party who was
entitled to notice of a partition action can still intervene and prevent a
miscarriage of justice when they have had no notice of the action. Rev Induruwe
Dammanada vs Piyatissa (Read online) Section 5 of the Partition Act requires
the plaintiff in a partition action to include in his plaint as parties to the
action all persons who, whether in actual possession or not, to his knowledge
are *entitled or claim to be entitled t... read more
GALLELAW BLOGGER1 week ago
This
judgment concerns the propriety of a final decree entered in a partition action.
The case revolves around the question as to whether a party who was entitled to
notice of a partition action can still intervene and prevent a miscarriage of
justice when they have had no notice of the action. Rev Induruwe Dammanada vs
Piyatissa (Read online) Section 5 of the Partition Act requires the plaintiff
in a partition action to include in his plaint as parties to the action all
persons who, whether in actual possession or not, to his knowledge are
*entitled or claim to be entitled to... read more
GALLELAW BLOGGER1 week ago
GALLELAW BLOGGER1 week ago
https://drive.google.com/file/d/1jf7EMqXGS48oD1AWpqpDn4OogzbqrSxY/view?usp=sharing read more
GALLELAW BLOGGER1 week ago
PARTITION- DUTY TO INVESTIGATE TITLE- OBLIGATION TO
ANSWER ALL THE POINTS OF CONTEST
"Justice
delayed is a bitter fate, Impatiently we await, For courts to open their gates.
BLOGGER" The case involves a partition action contested by several
defendants. The trial took several years, during which the original plaintiff
passed away and was replaced by a substituted plaintiff. The district judge
delivered the judgment in favour of the plaintiff only answered one issue
raised by the appellant. The Court of Appeal set aside the judgment and sent
the case back for re-trial, which led to the plaintiff appealing against the
judgment of the Court of Appeal. The Supreme ... read more
GALLELAW BLOGGER1 week ago
Partition, legal representation
*Sri
Lanka Law Reports 2008 - Volume 1 , Page No - 377* RANJITH PERERA AND ANOTHER v
DHARMADASA AND OTHERS COURT OF APPEAL SALAM, J. CA 1754/2004 DC HORANA 5387/P
JANUARY 8,2008 Partition Law 21 of 1977 - Section 48 (4), Joint statement of
claim - Trial date - Registered Attorney absent - One claimant taking part in
the proceedings - Sections 24, 27(2) Civil Procedure Code -Applicability -
Procedural Law - Its importance - Investigation of title? - Permission to
conduct his own case - Not recorded? - Fatal? The 3rd and 4th
defendants-petitioners who had jo... read more
GALLELAW BLOGGER1 week ago
GALLELAW BLOGGER1 week ago
Improvements made by bona fide possessors or
occupiers - unjust enrichment
Applicability
of the principle of unjust enrichment to bona fide possessors and bona fide
occupiers- Fructus industrials-Quantum of the compensation M. P. MOHIDEEN and
another, Appellants, and M. M. MUSTAPHA, Respondent Volume 71, New Law Reports
Page No 424 S. C. 119-120 /1966 (F)-D. C. Batticaloa, 4378 /M S. C. 119-120
/1966 (F)-D. C. Batticaloa, 4378 /M 1968 Present : Alles, J., and Pandita-Gunawardene,
J. Compensation for improvements-Meaning of the term " improvements "
-Unjust enrichment-Applicability of principle not only to bona fide possessors
but also t... read more
GALLELAW BLOGGER1 week ago
PRESUMPTION AS TO THE CONTNUITY OF PERMISIVE USER
DE
SOYSA, Appellant, and FONSEKA, Respondent New Law Reports Volume 58, Page No
501 Noe by Blogger Servitudes are a type of legal arrangement that can be
burdensome. The law is not in favor of them and the person who claims a
servitude must prove their claim with strong and clear evidence. In this case,
there is no evidence that the use of the property started as anything other
than with the owner's permission. If someone starts using someone else's
property with permission, it is presumed that they are still allowed to use it
unless there is clear evidence that the use became ... read more
GALLELAW BLOGGER1 week ago
*IN THE
HIGH COURT OF COLOMBO* *THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA.* -vs-
1. Ambalavanar Nityanandan Raja. 2. Aruma Baduge Stanislous Roy de Silva. *Case
No 4335/91.* *Before F.N.D. Jayasuriya Esqr, Hiqh C**ourt Judge.* *09.07.1992.*
1st and 2nd accused present. Mr R.Tambiratnam, Attorney-at-Law, with Mr
Thavarasa, Attorney-at-Law appear for the first accused. Mr M.L.M. Ameen, P.C
with Mr Suren Fonseka, Attorney-at-Law, Mr S. Kalupahana, Attorney-at-Law and
Mr H.Peiris, Attorneyat-Law for the second accused. Mr S.Jayamanne, State
Counsel appears for the... read
more
GALLELAW BLOGGER1 week ago
https://drive.google.com/file/d/1HnQx8tnuYN7bTLfYRmcqrjJnxBaEcZxt/preview read
more
GALLELAW BLOGGER1 week ago
Sri
Lanka Law Reports 1996 - Volume 2 , Page No - 406 KARUNAWATHIE AND 2 OTHERS v.
GUNADASA COURT OF APPEAL. SENANAYAKE, J. EDUSSURIYA, J. C.A. 112/88 (F). D.C.
KEGALLE 1977 1/P JULY 17, 1996. Partition ‑ Partition Act Co‑owned land ‑
Exclusive Possession ‑ Ouster ‑ Presumption ‑ Adverse Possession. The
Plaintiffs instituted an action to partition the land in question. The contesting
Defendants contended that the Corpus was exclusively possessed by them and that
the Plaintiffs had no rights to the Corpus. The District Judge rejected the
contention of the Defendants.... read more
GALLELAW BLOGGER1 week ago
Sri
Lanka Law Reports 2005 - Volume 1 , Page No - 31 REGINALD FERNANDO vs
PABILINAHAMY AND OTHERS (SUBSTITUTED) SUPREME COURT BANDARANAYAKE. J. DE SILVA.
J. AND JAYASINGHE. J. S.C. APPEAL NO. 156/97 C. A. APPEAL, NO. 363/91 (F) D. C.
NEGOMBO NO. 3746/L 10th FEBRUARY, 30th MARCH AND 1st APRIL, 2004 Occupation of
land by licensee - Right of licensee to occupy the land after termination of
the license - Right of licensor to eject licensee - Claim of licensee to
prescriptive title of the land. The plaintiff - appellant ("the
plaintiff") instituted action against the ... read more
GALLELAW BLOGGER1 week ago
*1965
**Present * *: H. N. G. Fernando. S.P.J., and Sirimane, J.MRS. SITHY MARHOOMA,
*Appellant, and *MRS. P. WEERASINGHAM,*Respondent *S. C. 366/65-Application for
conditional haw to appeal under Rule 2 of theSchedule to the Appeals (Privy
Council) Ordinance inC. R. Colombo, 85614* *Privy Council-Conditional leave to
appeal-Landlord and licensee-Action in ejectment-Valuation of
subject-matter-Appeals (Privy Council) Ordinance, Schedule, Rule 2.*Where A
continues to remain in possession of a house after he has sold it to B on
condition that B should reconvey it to A if the c... read more
GALLELAW BLOGGER1 week ago
section 5 of the Partition Law... Necessary Parties
*It is
the duty of a plaintiff in a partition action to set out to the best of his
knowledge and ability a full and comprehensive pedigree showing the devolution
of title with reference to all the deeds of sale on which title is alleged to
have passed. In view of the very far-reaching consequences of a decree under
the Partition Act, a Court should not assist a plaintiff who either through
carelessness or indifference does not place before the Court evidence which
should be available to him.* *HABURUGAMA ARACHCHIGE SEELAWATHIE AND OTHERS*
*VS* *K.A. PIYARATNE - HON MAHINDA... read more
GALLELAW BLOGGER1 week ago
This is
a case summary of V. Vadivel vs K. Kamalanathan, which was heard in the Court
of Appeal in Sri Lanka. The case involves a dispute over a property between the
plaintiff-respondent and the original defendant-appellant who had initially
occupied the property as a licensee. The plaintiff-respondent wanted the
property back and sought the assistance of the police who, in turn, coerced the
plaintiff-respondent to accept money as rent and issue receipts. The original
defendant claimed tenancy, but the District Court held in favor of the
plaintiff-respondent. The Court of Appeal ... read more
GALLELAW BLOGGER1 week ago
New Law
Reports Volume 51, Page No 6 1948 Present: Dias and Nagalingam JJ. SEDIRIS,
Appellant, and DINGIRIMENIKA et al., Respondents. S. C. 436-D. C. Kegalla,
4,385 Prescription-Possession under jus retentionis-Not adverse-Right to tender
compensation for improvements-Not barred by limitation. Possession under a jus
retentionis is not adverse possession and cannot found a title by prescription.
Nor can the right to tender compensation for the improvements be barred by
limitation. APPEAL from a judgment of the District Judge, Kegalla. N. E.
Weerasooria, K.C., with W. D. Gun... read more
GALLELAW BLOGGER1 week ago
prescription among co-owners - presumption of ouster
*Sri
Lanka Law Reports* *1996 - Volume 2 , Page No - 406* *KARUNAWATHIE AND 2 OTHERS
v* *. **GUNADASA* COURT OF APPEAL. SENANAYAKE, J. EDUSSURIYA, J. C.A. 112/88
(F). D.C. KEGALLE 1977 1/P JULY 17, 1996. *Partition ‑ Partition Act Co‑owned
land ‑ Exclusive Possession ‑ Ouster ‑ Presumption ‑ Adverse Possession.* The
Plaintiffs instituted action to partition the land in question. The contesting
Defendants contended that the Corpus was exclusively possessed by them and that
the Plaintiffs had no rights to the Corpus. The District Judge rejected the
contention of... read more
GALLELAW BLOGGER1 week ago
possession under a Jus Retentionis is not adverse
possession -
OBSERVATION
MADE BY BLOGGER A lessee or a person who has no such intention cannot be
considered as having possessio civilis. In Wijeyesekere v. Meegama (40 N. L. R.
340), it was held that under the Roman Dutch Law the right of retention is
only granted to persons who have the possessio civilis and to certain special
classes for persons whose position has been held to be akin to that of a
possessor. In Sediris v. Dingirimenika (51 N. L. R. 6), it was held that
possession under a Jus Retentionis is not adverse possession and cannot be
found in a title by prescription. Nor can ... read more
GALLELAW BLOGGER1 week ago
permissive user of a land does not creat an interest
in the land
Permissive
use or mere grant of license to be on land gives the right to be on someone's
land and certainly, they cannot be equated as an interest in the land.
Kokmaduwa Mudalige Karunadasa of Gamagoda, Udugama DEFENDANT APPELLANT Udugama
GamageJohn of Gamagoda, Udugama PLAINTIFF - RESPONDENT BEFORE : A.H.M.D. Nawaz,
J. COUNSEL : Mahinda Nanaykkara for Defendant Appellant Athula Perera with
Chaturani de Silva for Plaintiff- Respondent Decided on : 10.08.2018 HON.
A.H.M.D. NAWAZ, J. C.A. Case No. 959/1997 (F) D.C. Galle Case No.
12191/L... read more
GALLELAW BLOGGER1 week ago
Defendant entering the house as an employee
*GOVINNAGE
KELVIN PERERA* *VS.* *WARNAKULASURIYA ARACHCHIGE DON ANAL FREDS AND FOUR
OTHERS* *C.A. No. 1079/96(F)* D.C. Kagalle. 2366/L Govinnage Kelvin Perera,
Giniwalapitiya, Bulathkohu pitiya. *Defendant-AppellantVs* 1. Warnakulasuriya
Arachchige Don Anal Freds, 2. Dona Indrani Muhamdiramge 3. Swarnamalie Clara
Muhamdiramge 4. Gilbert Steven Muhamdiramge 5. Ramani A Muhamdiramge All of
Bulathkohupitiya *Substituted- plaintiff-Respondents* *2* *Before :* A.W.A
SALAM, J. *Counsel : *Lasitha Chaminda for the Substitute Defendant Appellants
and Devasenadhipathi for the ... read more
GALLELAW BLOGGER1 week ago
Deed of Gift - absence of acceptance
T.H.BATHDRA
& ANOTHER VS. PACKIYAWATHI WIFE OF SITHAMPALAMPILLAI C.A. 178/98 (F). D.C.
Trincomalee 261/93/RE T.H.Bathdra No.316, North Cost Road, Trincomalee
T.H.Geetha Kanthi No.316, North Cost Road, Trincomalee Defendant-Appellants
Packiyawathi wife of Sithampalampillai, No.22, Fourth Crosst Street Trincomalee
Plaintiff-Respondent. Nawagamuwage Chitra Iranganie Mallika of Rerukana temple,
Rerukana, Bandaragama and others DEFENDANT-RESPONDENTS BEFORE: A W A SALAM, J
Added Defendant-Appellant absent and unrepresented. Plaintiff-Respondent is
absent but rep... read more
GALLELAW BLOGGER1 week ago
GALLELAW BLOGGER1 week ago
FRANCIS
GAJAMAN AND OTHERS VS MADIHE GAJAMAN LEELAWATHI AND OTHERS – [Unreported] HON
MAHINDA SAMAYAWARDHENA, J.
https://www.lawlanka.com/lal/scoaDetailReportView?caseId=2018SCOA571C2000Y&searchPage=true
CA CASE NO: CA/571/2000/F DC TISSAMAHARAMA CASE NO: 18/96/L 1. Francis Gajaman
alias Madihe Gajamange Karolis alias Madihe Gajaman Francis (deceased) and
others Defendants-Appellants Vs. 1. Madihe Gajaman Leelawathi alias Leelawathi
Gajaman alias Madihe Gajaman Leelawathi de Silva (deceased) and others Substituted
Plaintiffs-Respondents Counsel: W. ... read more
GALLELAW BLOGGER1 week ago
CHANDRS
GUNASEKARA VS. MADDUMA BANDARA DODANWELA & OTHER – HON. L. T. B.
DEHIDENIYA, J [UNREPORTED] C.A. Application No.1136/98(F) D.C. Kandy Case No.
17852/L Chandrs Gunasekara, No.D 7, Aruppala Flats, Kandy. Defendant Appellant
Vs. Madduma Bandara Dodanwela, No. 252, Sir Kuda Rathwatta Mawatha, Dodanwela,
Kandy. Plaintiff Respondent. Sujeewa Dodanwela, No.248, Sir Kuda Rathwatta
Mawatha, Dodanwela, Kandy Substituted Plaintiff Respondent summary of Judgment
The case involves a dispute over possession of a milk booth. The plaintiff is
the lessee of ... read
more
GALLELAW BLOGGER8 months ago
Late
Justice F N D Jayasuriya was one of the brilliant Judges of our time who held
the scale in such a manner preserving the rule of law. A career Judge, Hon
Jayasuriya has delivered many celebrated judgments in the Court of appeal.
Gallelawblogger came across a Judgment of Hon Jayasuriya delivered in his
capacity as a High Court Judge and we take pleasure in publishing it for the
benefit of our subscribers. CLICK TO READ JUDGMENT read more
GALLELAW BLOGGER8 months ago
DOCK STATEMENT AND ITS IMPORTANCE
*IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC* *OF SRI LANKA* *In the
matter of an Appeal in terms of section 331 (1) of the Code of Criminal
Procedure Act No- 15 of 1979, read with Article 138 of the Constitution of the
Democratic Socialist Republic of Sri Lanka. * *Court of Appeal No:* Democratic
Socialist Republic of Sri Lanka CA/HCC/0080/2020 *COMPLAINANT* *Vs. * *High
Court of Panadura *Weddikkarage Thusharika Priyadarshani *Case No:
*HC/3380/2016 Silva *ACCUSED* ... read
more
GALLELAW BLOGGER8 months ago
Qualifications
to be satisfied, when sudden fight under exception 4 of section 294 of the
Penal Code is pleaded - Condition that the accused should not have taken undue
advantage of the situation. Act of cruelty disentitles a plea under 294
exception 4. Exception 4 focuses on the acts committed without premeditation in
a sudden fight in the heat of passion upon a sudden quarrel, and without the
offender having taken undue advantage or acted in a cruel or unusual manner.
The occasion for sudden quarrel must not only be sudden, but the party
assaulted must be on an equal footing... read more
GALLELAW BLOGGER8 months ago
Failure to take contradiction into account
*Charges
of Murder, attempted murder etc.* *The grounds of appeal were based on…* *1.
Failure to establish the presence and identification of the Appellant beyond a
reasonable doubt.* *2. The improbability of the prosecution evidence.* *3.
Failure to consider the inter-se and per-se contradictions.* *4. Failure to
consider the dock statement and the case for defence.* *Failure to take into
account the contradictions perse, inter-se, improbabilities, and unethical
manner of presenting evidence and the failure to consider the principles
governing the proof of a charge based o... read more
GALLELAW BLOGGER8 months ago
Non
summary - delay Petitionerswho are the mother, brother and sister of one Rumesh
Liroshan Fernando had filed the present application before this court alleging,
that their Fundamental Rights guaranteed under Article 12 (1) and Article 11
had been infringed by the 1st, 2nd, 3rd and/or 5th Respondents and /or any
person acting under their supervision, direction and/or command. When this
matter was supported on 29th October 2015, Court after considering the matters
placed, had granted leave to proceed for alleged infringement of Articles 12
(1) and 11 of the Constitution. As ... read more
GALLELAW BLOGGER8 months ago
Features
THE ISLAND APRIL 26 2001 *Medical Negligence* *One Down for the Roman-Dutch
Law: One Up for the Medical Profession* *Arsecularatne vs Soysa* *By Shivaji
Felix* *T*he Supreme Court of Sri Lanka has, in an important judgment, with far
reaching implications, taken the opportunity to review the law relating to
medical negligence. The court’s decision has significant consequences for both
medical professionals and members of the public. In this case the Supreme Court
he... read more
GALLELAW BLOGGER8 months ago
Disposal of property by Justices J F A Soza and K T
Chitrasiri ( Judges of the Supreme Court).
For a
scholarly Article on the disposal of production read the following Article
Click here to read the full Article read more
GALLELAW BLOGGER8 months ago
Bail
Act No. 30 of 1997- Section 14, Section 14 (a)Section 14 (1)- Section 15
Cancellation of bail- Circumstances? - Cancellation capricious, arbitrary,
unjust? Sri Lanka Law Reports 2009 - Volume 1, Page No - 170 RUPATHUNGA vs
ATTORNEY GENERAL AND ANOTHER COURT OF APPEAL RANJITH SILVA, J. SALAM, J. CA PHC
APN 85/08 HC PANADURA NO. 2035 FEBRUARY 13,2009 The accused-petitioner was
released on bail by the Court of Appeal. When the main case came up for trial
an application was made by the State seeking an order of cancellation of bail
in view of the fact t... read more
GALLELAW BLOGGER8 months ago
C.A
203/2013 IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI
LANKA In the matter of an appeal against the Order of the High Court under
section 331 of the Code of Criminal Procedure Act No. 15 of 1979 as amended.
Ekanakaka Mudiyanselage Samaraweera Ekanayka Accused-Appellant vs Attorney
General C.A.Case No:-203/2013 H.C.Kandy Case No:-357/2007 Before:-
H.N.J.Perera, J. & K.K.Wickremasinghe, J. Counsel:-Chathura Ameratunga for
the Accused-Appellant & Chethiya Gunasekera D.S.G for the Respondent Argued
On:-28.04.2015/11.06.2015 Written Submissions... read
more
GALLELAW BLOGGER8 months ago
possessory action- BASL presentation
possessory
action - BASL discussion click to listen to the discussion read more
GALLELAW BLOGGER8 months ago
validity of an affidavit without the place of
affirmation and date of affirmation
Decided
On : 29.07.2022 B. Sasi Mahendran, J. The Petitioner, by Petition dated 15th
July 2020, in terms of Article 140 of the Constitution seeks, inter alia, a
Writ of Certiorari to quash the decision of the 1st to 9th Respondents to place
him 7th (as opposed to in the top three) in the order of merit of the
candidates for the post of Deputy General Manager of the National Water Supply
and Drainage Board, a Writ of Mandamus to compel the 1st to 9th Respondents to
place him within the top three ranks in the order of merit and to award him 02
marks under category 2(f) and/or 2(g... read more
GALLELAW BLOGGER8 months ago
Delay in filing revision application challengind an
interlocutory Decree
Court
Of Appeal/Year 2018 TOTAGAMUWE JAYASENA VS KANDEDURAGE MALLIKA KULARATNE AND
OTHERS - HON MAHINDA SAMAYAWARDHENA, J. C.A. Application No: 1660/2004/Revision
/ D.C. Kalutara Case No. 6658/P Before: Mahinda Samayawardhena, J. Counsel:
Harsha Soza, P.C., with Srihan Samaranayake for the Petitioner. S.A.D.S.
Suraweera for the Plaintiff Respondents. Supported & Decided on: 02.11.2018
Samayawardhena, J. The petitioner filed this application for revision and/or
restitutio in integrum dated 17.08.2004 seeking to set aside the Judgment and
the Interlocutory D... read more
GALLELAW BLOGGER8 months ago
JAMES
SILVA v. THE REPUBLIC OF SRI LANKA 1980 SLR Vol 2 167 COURT OF APPEAL
RANASINGHE, J. & RODRIGO, J. C.A. (S.C.) 5/78; D.C. COLOMBO B/494 (BRIBERY)
JUNE 2 & 6, 1980 Criminal Law — Charge — Misdirection 6y judge —
Presumption of innocence — Burden of proof. The trial judge stated “I had
considered the defence of the accused and I hold that it is untenable and false
in the light of the evidence led by the prosecution.” Held: There is a serious
misdirection in law. It is a grave error for a trial judge to direct himself
that he must examine the tenability and truthfulnes... read more
GALLELAW BLOGGER8 months ago
AWARD WINNING ARTICLE- "THE DOCK-TO HAVE OR NOT
HAVE - JUSTICE GAMINI AMARATUNGA MEMORIAL AWARD
The
image below depicts a Dock. බ්රිතාන්ය යටත් විජිත යුගයේ පටන් "විත්ති කූඩුව" අප රටේ උසාවි තුල අපරාධ යුක්ති විනිශ්චය පද්ධතියේ සංකේතාත්මක ව්යුහයක් විය. සියලු අපරාධ නඩුවලට සම්බන්ධ චූදිතයන් නඩු විභාගය අතරතුර විත්ති කූඩුවේ සිට ගැනීමට සැලැස්වීමට විරුද්ධව කිසිදු අභියෝගයක් එල්ලවී නොමැත. විත්ති කූඩුව යනු පිළිකුල් සහගත ස්ථානයක් බව පොදු මතයක් පැවතුනද, එකී මතය හුදෙක්ම පදනම් රහිත එකකි. විත්ති කුඩුව නීතිය ඉදිරියේ පරිශුද්ධ ස්ථානයකි. මන්ද, විත්ති කූඩුවේ සිටගන්නා පුද්ගලයන් නිර්දෝෂී බව (ඔවුනට විරුද්ධව එල්ල කර ඇති චෝදනාව සහේතුක සාධාරණ සැකයෙන් ඔබ්බට ඔප්පු කරන තුරු) ආණ්ඩුක්රම ව්යවස්ථාව පූර්... read more
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Code Of
Criminal Procedure (Amendment) Act) AN ACT TO AMEND THE CODE OF CRIMINAL
PROCEDURE ACT, NO. 15 OF 1979 BE it enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:- [23rd June , 2022 ] Short title 1.
This Act may be cited as the Code of Criminal Procedure (Amendment) Act, No.18
of 2022. Replacement of section 442 of Act, No. 15 of 1979 2. Section 442 of
the Code of Criminal Procedure Act, No. 15 of 1979 (hereinafter referred to as
the "principal enactment") is hereby repealed and the following
section is substituted t... read more
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applicability of Lucas principle and Ellenborough
dictum [BINDUNUWEWA MURDER]
Bindunuwewa
Murder Case Judgment of the Supreme Court Samy And Others. Vs
Attorney-GeneralReported in 2007) 2 Sri LR 216 An exhaustive discussion on
applicability of Lucas principle and Ellenborough dictum. WEERASURIYA, J.
JAYASINGHE, J. UDALAGAMA, J. DISSANAYAKE,J. FERNANDO, J. *Penal Code sections
30, 31, 42, 138, 139, 146, 297, Murder - Unlawful assembly - Lucas Principle -
Ellenborough dictum - discussed- illegal omission - Failure to take action -
Police Ordinance section 56 - Police inaction - Exercising discretion bona fide
and to the best of one's ability - Can the of... read more
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Supreme
Court - Daily Orders S. Murugan @ Muruga vs The State Of Andhra Pradesh
delivered on 16 August, 2022 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE
JURISDICTION CRIMINAL APPEAL NO. 1250/2022 [@ SLP [CRL.] NO.4655/2022] S.
MURUGAN @ MURUGA Appellant(s) ... read more
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‘AN ACCUSED’S TALE OF WOEBENEATH THE GLASS CEILING’:
A LEGAL DISSECTION By Zamzam Ismail
‘AN
ACCUSED’S TALE OF WOEBENEATH THE GLASS CEILING’: A LEGAL DISSECTION Zamzam
Ismail Born as a human being well equipped with human rights, it could be
heinous to distort the rights of another by committing a socially unacceptable
act against humanity. Yet, the sanctum of justice reserves a place for this
being, a glass box in which he stands, exposed to the world, offered with an
opportunity to unveil his unsworn tale of woe, whose authenticity is only known
to the conscience of this very being. The underlying notion of this is that
despite how distasteful the individual is, th... read more
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*Joseph
Francis Anthony Soza* (1919 – 8 April 2013 was a former judge of the Supreme
Court of Sri Lanka and he took to impart his legal knowledge and share his
outstanding experience with the career Judges at the Judges Institute almost
until his demise. read more
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When a case is laid by under the CPC ....... what
consequences flow....
Civil
Procedure Code - Case laid by - Subsequently the case restored to the trial
roll - Appeal? Is it a final order? Restoring to Trial roll - Duties of Court?
Held: (1) The impugned order cannot be identified with a single characteristic
of a final order. (2) In the event of a case being laid by, the duty of
restoring it to the trial roll is cast on the District Judge and not on the
parties. CLICK TO READ JUDGMENT read more
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ELLENBOROUGH DICTUM IN THE CRIMINAL JURISPRUDENCE OF SRI LANKA
THE
APPLICATION OF ELLENBOROUGH DICTUM IN THE CRIMINAL JURISPRUDENCE OF SRI LANKA
A.S.Hibathulla* Introduction There are many areas of Substantive law and
Adjective law. Substantive law is mostly concerned with the rights, duties, and
liabilities of persons. Criminal Law, Family law, and International Law are
included in this category. On the other hand, the law of procedure and the law
of evidence are included under Adjective Law. These laws defined pleadings and
procedures through which these substantive laws are implemented. Therefore, the
Law of Evidence is considered as an ... read
more
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PARTITION LAW - PRELIMINARY SURVEY - SECTION 16
Partition
Law (No. 21 of 1977) - Sect 16 - *Commission to survey land* 16. (1) When the
court orders the issue of summonses to the Fiscal for service on the defendants
in a partition action, the court shall forthwith order the issue of a
commission to a surveyor directing him to survey the land to which the action
relates and to make due return to his commission on a date to be fixed therein,
which date shall be a date earlier than thirty days prior to the date specified
in the summons: (2) The commission issued to a surveyor under sub-section (1)
of this section shall be substa... read more
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“…Defence
witnesses are entitled to equal treatment with those of the prosecution. And,
*Courts ought to overcome their traditional, instinctive disbelief in defence
witnesses. Quite often, they tell lies but so do the prosecution witnesses*. …”
*Dudh Nath Panday v State of Uttar Pradesh [1981] AIR 911 * Where the
improbability of the evidence was discussed. It was also his contention that
the evidence of the PW1 is not credible. It was further submitted, that the
learned High Court Judge has failed to consider the defence evidence in the
proper perspective. - *Karuppiah **Pu... read more
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Section 81 Criminal Procedure Code
IDDAWELA,
J This is a revision application filed on 31.07.2020 against a judgment of the
Provincial High Court of Matara dated 12.06.2020, which refused to revise an
order of the Magistrate Court of Matara dated 20.12.2019. This instant
application was supported on 21.09.2020, and notices were issued to the
respondents. On 26.11.2021, the State Counsel informed Court that no relief had
been sought from the Attorney General and requested the Attorney General be
discharged. Thereafter, notices were issued to the remaining respondents, after
which time was granted to file objections... read more
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SUMMARY
OF THE JUDGMENT This appeal is preferred against an order made in the exercise
of revisionary powers by the High Court. The task of the CA in such an event is
not to consider it as an appeal against the Primary Court order, as the appeal
is taken against the judgment of the High Court. The principle enunciated in
Somarathne Vs Munasingha 71NLR 14 that the failure to establish a prescriptive
right to the road, does not disentitle the claimant to prove a servitude by way
of necessity has no application under Part VII of the PCP Act. The statement of
law set ... read more
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In
terms of Section 35 of the Civil Procedure Code, in an action for the recovery
of immovable property, or to obtain a declaration of title to immovable
property, no other claim, or any other cause of action, shall be made unless
with the leave of the court, except in (a) Claims regarding mesne profits or
arrears of rent in respect of the property claimed; (b) damages for breach of
any contract under which the property or any part thereof is held; or
consequential on the trespass which constitutes the cause of action; and (c)
claims by a mortgagee to enforce... read more
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Professional ethics - Article appeared in Junior Bar
Association Journal
*PROFESSIONAL
DUTIES, ETHICS, AND ETIQUETTES OF LAWYERS* * Justice* A.W.A.Salam - President,
Court of Appeal. It is a universal truth that ordinary citizens are incapable
of navigating safely through the complexities of the law and the system of
justice. Hence, laymen need to have the advice of persons skilled in the science
of law to decide on the course of action to meet the challenges in the field of
law. In the absence of rules touching upon ethical values and well-established
etiquette, the legal assistance extended may not have the desired effects. As
suc... read more
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CONTINUATION OF LEGAL PROCEEDINGS DESPITE THE JUDGE
INCAPABLE OF PERFORMING HIS FUNCTION.
CASE
DISMISSED I JUST REACHED RETIREMENT AGE (CLICK TO READ) read more
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The type
of disciplinary control permitted to be exercised by the JSC over the Judicial
Officers. Can a Judicial Officer invoke the writ jurisdiction of the Court of
Appeal against an order of dismissal arising from a judicial Pronouncement?
Immunity attached to the Judicial Service Commission under Article 111 H of the
Constitution. click here to read JUDGMENT on the preliminary issue read more
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EMPOWERMENT OF THE HIGH COURT WITH WRIT JURISDICTION
WRIT
JURISDICTION OF THE HIGH COURT IN THE COURT OF APPEAL OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA C A.(PHC) 122/2010 PHC Garnpaha 1/2008 Writ
Gajasinghe Janak Prasad De Silva and ,Preethika De Silva, No.2D, Horakelewatte,
Horagasmulla, Divulapitiya. PETITIONER -APPELLANTS Vs. L. P. Harischandra,
No.72, Divulapitiya, Horagasmulla, PLAINTIFF -RESPONDENT M.H. Abeysinghe
Bandara, Assistant Commissioner of gricultural Development, Sri Bodhi Road,
Gampaha and two others. RESPONDENTS- RESPONDENTS BEFORE: A.W.A.SALAM,J &
SUNIL RAJAPAKSE, J COUNSEL: Dr. Sun... read more
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Contempt of Court in District Court- Is the AG
entitled to receive notice
The
respondent-respondent-accused was charged in the District Court for Contempt of
Court under section 797 of the Civil Procedure Code. The respondents were
acquitted after inquiry. The appellant, who is the 3rd defendant and the
virtual complainant appealed to have the order of acquittal set aside. The
accused raised the objection that no appeal shall be lodged against an
acquittal except with the written sanction of the Attorney-General and as the
written consent of the Attorney-General has not been obtained the appeal should
be rejected in limine. ... read more
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The
petitioner is an orphan and has been given shelter in the. Prince's Grace
Orphanage (hereinafter sometimes referred to as the "orphanage") from
his birth or from the time he could remember. The petitioner claims that he was
baptized by those who were in charge of the said orphanage and therefore
considered to be a Catholic. As the petitioner is an orphan from birth and was
given shelter in the orphanage, he continued to stay there until the day of the
incident. On 28 August 2013, the OIC of the relevant police station filed a B
report to the Magistrate's Court of Kalutara a... read more
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PARTITION- FAILURE TO CONFORM TO SECTION 25
PARTITION
- IDENTITY OF THE CORPUS This is a partial action for “a portion of
millagahawatta” in the extent of ½ an acre, registered in folios B 14/344 and B
63/82 and described in the plaint as a distinct portion of a larger land of 8
acres. The larger land is possessed as several distinct divided portions.
Plaintiff claimed that the distinct portion is owned in common. The 19th
respondent claimed that a portion of the larger land was never possessed as a
“distinct and divided portion” at any stage and disputed the pedigree of the
plaintiff as well. The 10th Defendant disp... read more
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SECTION 154 A OF THE CIVIL PROCEDURE CODE IS SOMEWHAT
SIMILAR TO SECTION 68 OF THE PARTION LAW
Section
154 A introduced by Civil Procedure Amendment No 17 of 2022 [Certified on 23rd
of June, 2022 reads as follows ... Proof of deed or document is unnecessary in
certain events. 154A. (1) Notwithstanding the provisions of the Evidence
Ordinance (Chapter 14), in any proceedings under this Code, it shall not be
necessary to adduce formal proof of the execution or genuineness of any deed,
or document which is required by law to be attested, other than a will executed
under the Wills Ordinance (Chapter 60), and on the face of it purports to have
been duly executed, unless– (a) i... read more
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*CIVIL
PROCEDURE CODE (AMENDMENT) ACT, No. 17 OF 2022* [Certified on 23rd of
June,2022] Published as a Supplement to Part II of the Gazette of the
Democratic Socialist Republic of Sri Lanka of June 24, 2022 This Act can be
downloaded from www.documents.gov.lk Civil Procedure Code (Amendment) Act Act,
No. 17 of 2022 [Certified on 23rd of June, 2022] L.D.—O. 58/2021 AN ACT TO
AMEND THE CIVIL PROCEDURE CODE (CHAPTER 101) BE it enacted by the Parliament of
the Democratic Socialist Republic of Sri Lanka as follows:- Short title This
Act may be cited as the Civil Procedu... read more
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Partition - rei vindicatio- exceptio rei et traditiae
This is
a rei vindication action and the DC dismissed the same and the HC affirmed the
dismissal. The provisions of the Partition law under 1951 Act and 1977 Law are
as follows. PENDING A PARTITION ACTION TWO DEEDS HAD BEEN EXECUTED IN RESPECT
OF THE LAND WHICH LATER BECAME THE SUBJECT MATTER OF A REI VINDICATION ACTION.
THE SC CONSIDERED IN THE CASE THE LAW RELATING TO PENDING PARTITION AND THE
STANDARDS AND QUANTUM OF PROOF IN A REI VINDICATIO ACTION AND THE EFFECT OF THE
DOCTRINE exceptio *rei venditae et traditiae*. CLICK ON THIS TO JUDGMENT read more
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Continuing proceedings before succeeding Judge
Sri
Lanka Law Reports 2008 - Volume 2, Page 184 VILMA DISSANAYAKE AND OTHERS vs
LESLIE DHARMARATNE SUPREME COURT. S.N. SILVA, C.J.JAYASINGHE, J.RAJA FERNANDO,
J. SC 3/2007, SC SPL. LA 114/2006, CALA 304/2004 DC COLOMBO 16858/L JANUARY
24,2007 Judicature Act No. 2 of 1978 - amended by Act No. 27 of 1999 - Section
48 - Continuing proceedings before succeeding Judge - Necessity? Discretion of
Court? Held: (1) It is necessary for a succeeding Judge to continue proceedings
since there are change of Judges holding office in a particular Court due to
transfers, pro... read more
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*DHARMARATNE
VS DASSENAIKEAND OTHERS* *Sri Lanka Law Reports* *2006 - Volume 3 , Page No -
130* COURT OF APPEAL. SOMAWANSA., J (PICA). WIMALACHANDRA. J. CALA 304/2004.
(LG) DC COLOMBO 16858/L. MARCH 17,2006. * Judicature Act, 2 of 1978 Amended by
Act No.27 of 1999- trial de novo-Section 48 - Case concluded before a different
judge - Could the judgment be written by another - Applicability of Section 48
- Civil Procedure-Code' Section 184 and Section 185,"* The judgment was
fixed for 02.09.2003. Before the judgment could be delivered the trialj judge
was elevated as a judg... read more
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*ATTORNEY
GENERAL VS SIRIWARDANE AND 6 OTHERS* *Sri Lanka Law Reports* *2009 - Volume 2 ,
Page 337* COURT OF APPEAL RANJITH SILVA, J. SALAM, J. CA 46/03 (REV) HC NO.
51/99 (AVIS) AUGUST 26, 2009 SEPTEMBER 23, 2009 *Section 48 of the Judicature
Act * *"In the case of death, sickness, resignation, removal from office,
absence from Sri Lanka, or other disability of any judge before whom any
action, prosecution, proceeding or matter, whether on any inquiry preliminary
to committal for trial or otherwise, has been instituted or is pending, such
action, prosecution, proceeding o... read more
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Court
of Appeal Case No. HCC/232/19 Case No. HC/2837/06 Rajasinghe Gamage Ashoka
Udaya Nayanananda Accused-Appellant Vs. Hon. Attorney General, Colombo 12.
Complainant-Respondent Queen V. Sumanasena – 66 NLR 351 that “suspicious
circumstances do not establish guilt. Nor does the proof of any number of
suspicious circumstances relieve the prosecution of its burden of proving the
case against the accused beyond reasonable doubt and compel the accused to give
or call evidence. The burden of establishing circumstances which not only
establish the accu... read more
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Dispute relating paddy land under section 66 of
44/1979.
M.S.
ATIGALA VS. GAMHEWAGE PIYASENA The case before us is not on the eviction of a
tenant cultivator. The Appellants state that the 2nd Appellant is the owner of
the land by deed marked A. According to the Appellants, they are cultivating
their own land. Disturbing their possession does not come within the meaning of
evicting a tenant cultivator. The Respondent's case is that his father
cultivated the paddy land for a long period of time and after his death, the
Respondent cultivated. He doesn't explain on what basis his father cultivated
the land, whether as... read more
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Identity of the land in respect of which the dispute
has arisen in the context of section 66
JAYASEELI
GUNAWEERA VS. PUWANES GUNAWEERA *Identity of Corpus - Section 66* In an
application of this nature it is incumbent on the Magistrate to ascertain the
identity of the corpus as section 66(1) of the Act becomes applicable only if
there is a dispute between parties affecting land. A Magistrate should evaluate
the evidence if there is a dispute regarding identity of the land . [David
Apuhamy v. Yassassi Thera (1987) 1 Sri.L.R. 253] . *Decided on: 12.02.2019*
*Janak De Silva J* This is an appeal against the order of the learned High
Court Judge of the Southe... read more
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EXPEDIT
CRUIS VS WARNAKULASURIYA RAJ FERNANDO *HON. MAHINDA SAMAYAWARDHENA, J.* *CASE
NO: CA/PHC/113/2016* HC NEGOMBO CASE NO: HCRA/271/2013 MC NEGOMBO CASE NO:
74778 1. Expedit Cruis, Paradise Beach Hotel (Pvt) Ltd., Luwis Place,
Kudapaluwa, Negombo. 2. Paradise Beach Hotel (Pvt) Ltd., Luwis Place,
Kudapaluwa, Negombo. *Respondent-Petitioner-Appellant Vs.* Warnakulasuriya Raj
Fernando, No. 295, Luwis Place, Kudapaluwa, Negombo.
*Petitioner-Respondent-Respondent* *Before :* A.L. Shiran Gooneratne, J.
Mahinda Samayawardhena, J. *Counsel : *M.U.M. Ali Sabri,... read more
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EXPEDIT
CRUIS VS WARNAKULASURIYA RAJ FERNANDO *HON. MAHINDA SAMAYAWARDHENA, J.* *CASE
NO: CA/PHC/113/2016* HC NEGOMBO CASE NO: HCRA/271/2013 MC NEGOMBO CASE NO:
74778 1. Expedit Cruis, Paradise Beach Hotel (Pvt) Ltd., Luwis Place,
Kudapaluwa, Negombo. 2. Paradise Beach Hotel (Pvt) Ltd., Luwis Place,
Kudapaluwa, Negombo. *Respondent-Petitioner-Appellant Vs.* Warnakulasuriya Raj
Fernando, No. 295, Luwis Place, Kudapaluwa, Negombo.
*Petitioner-Respondent-Respondent* *Before :* A.L. Shiran Gooneratne, J.
Mahinda Samayawardhena, J. *Counsel : *M.U.M. Ali Sabri, P.... read more
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Velupillai
vs. Sivakaran [(1993) 1 Sri.LR. 123) Under 66(1)(a) of the Act, the formation
of the opinion as to whether a breach of the peace is threatened or likely is
left to the police officer inquiring into the dispute. The police officer is
empowered to file the information if there is a dispute affecting land and a
breach of the peace is threatened or likely and the Magistrate is not put on
inquiry as to whether a breach of the peace is threatened or likely. Similarly,
in Punchi Nona v Padumasena and others [(1994) 2 Sri LR 117] it was held that
when a police officer files in... read more
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Breach of the peace does not amount to actual
physical fight leading to grievous hurt or murder
RAJA M
WIJEKOON VS H L SARATHCHANDRAN GUNAWARDENA *HON MAHINDA SAMAYAWARDHENA, J**.*
*CA CASE NO: CA (PHC) 115/2012* HC GALLE CASE NO: HC/760/2010/REV MC UDUGAMA
CASE NO: 46962 Raja Mahesh Wijekoon, Punchi Digana, 12th Mile Post, Opatha.
*Respondent-Respondent-Appellant Vs.* Hiniduma Liyanage Sarathchandran
Gunawardena, Sinhaweli Watta, Opatha. *Petitioner-Petitioner-Respondent* Breach
of the peace does not amount to actual physical fight leading to grievous hurt
or murder. If the breach of the peace is likely, although there is no such
threat at present, that is suffici... read more
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SATH
KUMARA M. RANJITH PRIYANTHA VS. H.Q.I. Galle *HON JANAK DE SILVA, J.* *Case
No.CA (PHC) 78/2006* H.C. Balapitiya Case No. HCR/58/2004 (Rev) M.C. Elpitiya
NO.47993/12 Priyantha Sath Kumara, Assistant Superintendent, Keta ndola State
Pia ntation, Elpitiya. *1st Respondent-Petitioner-Appellant* vs. Headquarters
Inspector of Police, Police Station, Pitigala *Complainant-Respondent-
Respondent* Walawa Durage Piyasiri, Talagaspe, Ketandola. *2nd
Respondent-Respondent-Respondent* The existence of exceptional circumstances is
the process by which the court ... read more
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W.W.PALIS
VS . SUBRAMANIUM RANJITH KUMAR *HON JANAK DE SILVA, J.* *Case No: CA (PHC)
182/2006 *P.H.C. Ratnapura Case No. Rev. 01/03 W.W.Palis Rassagala. Balangoda
*1st Party Respondent-Respondent-Appellant* *Vs.* 01.Subramanium Ranjith KUMAR
02.Subramanium Thileinadan 03. Shamugam Subramanium All of:
No.54/15,Sadungama,Thumbagoda, Balangoda *2nd Party
Respondents-Petitioner-Respondents* *Before:* K.K. Wickremasinghe J. Janak De
Silva J. *Counsel: *Hirosha Munasinghe for 1st Party
Respondent-Respondent-Appellant Asoka Fernan... read more
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Magistrate
cannot make any order that he thinks appropriate to prevent breach of the
peace. He shall make the appropriate order in accordance with law In section 66
proceedings, it is possession and not ownership that needs to be focused .
Until the substantive rights of the parties are decided by a Civil Court, the
Magistrate is expected to make a provisional order to prevent a breach of the
peace. However, it must be stressed that the Magistrate cannot make any order
that he thinks appropriate to prevent breach of the peace. He shall make the
appropriate order in accordance... read more
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OIC,
Beliatta Police Vs Jasing Bastian Arachchige Udeni Mangalika COURT OF APPEAL OF
SRI LANKA CA (PHC) 125/16 High Court Tangalle Case No:HCRA 18/13 In dispute
relating to a roadway, Section 69 of the Primary Courts’ Procedure Act is
applicable and according to Section 69 of the Act, there is no necessity to
consider the availability of an alternative roadway. Lalith Wittahachchi, No.
220, 1st Lane, Kambassawala East, Beliaththa. 2nd
Respondent-Respondent-Appellant Vs. 1. Jasing Bastian Arachchige Udeni
Mangalika Nandna Srasi, Hakmana Road, Kambassawala, B... read more
GALLELAW BLOGGER8 months ago
HEENHAMY'S PATHETIC STORY ENDS AFTER 31 LONG YEARS OF
AGONY.
Heenhamy's
tea kiosk (imaginary picture) *POSSOSSORY ACTION OF HEENHAMY OF Hinguraara,
Embilipitiya FINALY DECIDED AFTER 31 YEARS.* *Galleblogger quotes
"*Freedom is never voluntarily given by the oppressor; it must be demanded
by the oppressed".- Unquote Martin Luther King, Jr. *S. EVA WANASUNDERAPCJ.*
This Court has granted special leave to appeal in this matter on 25.10.2011 on
the following question as set out in paragraph 31(a) of the Petition dated
04.08.2011:- "Did the Court of Appeal err in holding that the element of
detention was admittedly not with... read more
GALLELAW BLOGGER9 months ago
EXTENT OF VEHICLE OWNERS LIABILITY IN CATTLE
TRANSPORT CASE
CONFISCATION
OF VEHICLE IN CATTLE TRANSPORT CASE CLICK ON THE BLUE LETTERS BELOW Read
Judgement online read more
GALLELAW BLOGGER9 months ago
IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter
of an Appeal under Section 331 of the Code of Criminal Procedure Act No. 15 of
1979, read with Article 138 of the Constitution of the Democratic Socialist
Republic of Sri Lanka. Democratic Socialist Republic of Sri Lanka *Court of
Appeal Case No.* *CA/HCC/0224/2019* *Complainant* *High Court of Chilaw* *Case
No.* *HC/65/2016* V. Madawala Liyanage Sunil *Accused* ... read more
GALLELAW BLOGGER9 months ago
Magisterial Powers before filing the plaint to settle
a case
THULYANADA'S
Case - Kaduwela MC READ FURTHER AFTER CLICKING ON THIS
>>>>> read more
GALLELAW BLOGGER9 months ago
This is
an application made in revision. The background of the application briefly is
that the accused petitioner was indicted in the High Court under sections 357
and 365 (b) (2) (b) of the Penal Code. The trial proceeded without a jury. At
the close of the case for the prosecution, the accused-petitioner moved under
Section 200( 1) of the Code of Criminal Procedure Act, for his acquittal. This
application of the accused-petitioner was refused by the learned High Court
Judge who then proceeded to call for the defence, as he is empowered in Law. It
is this decision that is impugn... read more
GALLELAW BLOGGER9 months ago
Defence witnesses are entitled to equal treatment
with those of the prosecution
IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter
of an Appeal under Section 331 of the Code of Criminal Procedure Act No. 15 of
1979, read with Article 138 of the Constitution of the Democratic Socialist
Republic of Sri Lanka. Court of Appeal Case No. CA/HCC/0075/2019 High Court of
Anuradhapura V. Case No. HC/38/2009 Alagiyawanna Mohotti Appuhamilage Sujith
Tharanga Accused-Appellant V. Hon. Attorney General, Attorney General’s
Department, Colombo 12. Respondent BEFORE : K. PRIYANTHA FERNANDO, J. (P/CA)
... read more
GALLELAW BLOGGER9 months ago
*K. D.
NISHANTHA PERERA VS. HON. ATTORNEY GENERAL * HON. VIJITH K. MALALGODA, P. C, J
(P/CA) CA/245/2009 H/C Colombo case No. 2549/2005 In the matter of an Appeal in
terms of Section 331 (1) of the Code of Criminal Procedure Act No 15 of 1979.
K.D. Nishantha Perera ACCUSED-APPELLANT Vs, Attorney General Attorney General's
Department Colombo 12. RESPONDENT Before: Vijith K. Malalgoda PC J (P/CA) &
S. Devika de. L Tennakoon J Counsel: Indika Mallawarachchi for the
Accused-Appellant Thusith Mudalige SSC, for the AG Argued on: 10.12.2015
Writte... read more
GALLELAW BLOGGER9 months ago
https://drive.google.com/file/d/1VLycQgZb6aeZMFX0AaHr0-Py2GPGpyU1/ read
more
GALLELAW BLOGGER9 months ago
In the
Court of Appeal of the Democratic Socialist Republic of Sri Lanka CA 11/2005 HC
Colombo 39/00 Karuppiah Punkody Accused-Appellant Vs Hon The Attorney- General
Complainant- Respondent Before: A W A Salam, J (P/CA) H N J Perera, J and Sunil
Rajapakse, J Counsel: R Arasacularatna PC with T Koralage for the
Accused-appellant and S Thurairaja DSG for the Complainant-Respondent. Argued
on: 22.07.2014. Decided on: 26.08.2014 A W A Salam, J (P/CA) This is an appeal
by the accused-appellant from her conviction and the sentence of life
imprisonment. She... read more
GALLELAW BLOGGER9 months ago
GALLELAW BLOGGER8 months ago
DIMUNGU
HEWAGE B NANDAWATHIE VS V IRANGANEE HETTIARACHCHI HON MAHINDA SAMAYAWARDHENA,
J. CASE NO: CA/PHC/22/2015 HC KANDY CASE NO: 206/2012/Rev DC/MC GAMPOLA CASE
NO: 78200 Dimungu Hewage Biatris Nandawathie, No.618/60E,Buddhagaya Mawatha,
New Town, Anuradhapura. 3rd Respondent-Petitioner-Appellant Vs. Vinitha
Iranganee Hettiarachchi, No. 350, Naranwila, Gampola. 5thRespondent-1st
Respondent-1st Respondent And 4 Other Respondents Proceedings were initiated in
the Magistrate's Court under section 66(1)(a) of the Primary Courts' Procedure
Act, regarding a dispute over a ri... read more
GALLELAW BLOGGER8 months ago
Breach of the peace as a condition precedent to
exercise jurisdiction.
UPALI
JAYASINGHE VS. ANANDA PARANAWITHANA A threat or the likelihood to occur a
breach of the peace due to the land dispute is a pre-condition for the Primary
Court to assume jurisdiction under Part VII of the Primary Court Procedure Act.
Section 66 (1) (a) of the Act empowers a police officer to file information
under the Act. In such a situation the police officer has to decide whether the
breach of the peace is likely or threatened. Under subsection (b) of section
66(1), a private party can file information and it is the Court that has to
decide whether the breach of the... read more
GALLELAW BLOGGER8 months ago
Breach of the peace when jurisdiction is invoked
under 66(1) by a private party
DOUGLAS
ARIYASINGHE VS T.M. EKANAYAKE AND OTHERS In Wimalasekara and another vs.
Ubayasena [C.A. (PHC) 161/98; C.A.M. 21.06.2010] held that the failure on the
part of the learned Magistrate to specifically state that he is satisfied that
a breach of the peace was likely does not deprive him of the jurisdiction under
section 66(1)(b) of the Act. The mere fact that he decided to issue notice
results in the application of the presumption in section 114(d) of the Evidence
Ordinance which is to the effect that the court may presume that judicial acts
have been regularly performed. ... read more
GALLELAW BLOGGER8 months ago
MALWALAGE
PIYASEELI VS M ELBERT SINGHO MAHINDA SAMAYAWARDHENA, J. CA CASE NO: CA (PHC)
155/2007 HIGH COURT RATNAPURA CASE NO: 126/2006/RA RATNAPURA MAGISTRATE'S COURT
CASE NO: 15117 Filing or dismissal of a civil action, in my view, does not,
ipso facto, invalidate the order made under section 68 of the Primary Courts'
Procedure Act. According to section 68(2), an order under section 68(1) is
valid "until such person or persons (in favour of whom order was made) are
evicted there from under an order or decree of a competent court". Here
the District Court did not make an ... read more
GALLELAW BLOGGER8 months ago
KANTHI
MUNASINGHE VS K.D. PRABHATH KUMARA *HON MAHINDA SAMAYAWARDHENA, J* *CA CASE NO:
CA (PHC) 47/2010* HC HAMBANTOTA CASE NO: HCRA 8/2009 (Rev) MC TISSAMAHARAMA
CASE NO: 88886 Kanthi Munasinghe, Land No.890, Kuda Gammana 09, New Town, Weerawila.
And Two Others *Petitioner-Respondent-AppellantsVs.* K.D. Prabhath Kumara, Land
No.876, Kuda Gammana 09, New Town, Weerawila. *Respondent-Petitioner
Respondent* *Before :* K.K. Wickramasinghe, J. Mahinda Samayawardhena, J.
*Counsel : *Lakshman Perera, P.C., with Anjali Amarasinghe for the Appellant.
... read more
GALLELAW BLOGGER8 months ago
Element of breach of peace- failure to explore a
settlement
SINNAPURAGE
HARRISON VS. S. DEEPA RANJANI *HON JANAK DE SILVA, J.* *Case No: CA(PHC)
196/2014*P.H.C. Ratnapura Case No: HCR/RA 36/2010 Sinnapurage Deepa Ranjani,
Wewelwatta, Ratnapura. *Plaintiff* Vs. Sinnapurage Harrison, Wewelwatta,
Ratnapura. *Defendant* *AND* Sinnapurage Harrison, Wewelwatta, Ratnapura.
*Defendant-Petitioner* Vs. Sinnapurage Deepa Ranjani, Wewelwatta, Ratnapura.
*Plaintiff-Respondent* *AND NOW BETWEEN* Sinnapurage Harrison, Wewelwatta,
Ratnapura. *Defendant-Petitioner-Appellant* Vs. Sinnapurage Deepa Ranjani,
Wewelwatta, Ratnapura... read more
GALLELAW BLOGGER8 months ago
M.S.
ATIGALA VS. GAMHEWAGE PIYASENA HON. L. T. B. DEHIDENIYA, J Court of Appeal Case
No.CA (PHC) 133/2007 High Court of Badulla Case No.80/2006 Magistrate Court
Bandarawela Case No. 68297 1. M.S. Atigala 2. J. A. Senavirathne, No.162, Heel
Oya, Egodagama First Party - Respondents - Respondents - Appellants Vs
Gamhewage Piyasena, Ampitigoda, Heel Oya, Bandarawela. Second Party Respondent
- Petitioner Respondent The case before us is not on an eviction of a tenant
cultivator. The Appellants state that the 2nd Appellant is the owner of the
land by deed mar... read more
GALLELAW BLOGGER8 months ago
DIMUNGU
HEWAGE B NANDAWATHIE VS V IRANGANEE HETTIARACHCHI Proceedings were initiated in
the Magistrate's Court under section 66(1)(a) of the Primary Courts' Procedure
Act, regarding a dispute over a right of way. Every party was represented by an
Attorney-at-Law and they filed joint affidavits and counter-affidavits. Of
consent, an inspection was carried out when the parties were represented by
their respective Attorneys-at-Law, and the dispute was settled. The 3rd party
of the first part was absent, but others have signed the case record signifying
the settlement. The 3rd Party w... read more
GALLELAW BLOGGER8 months ago
Breach of the peace - Magistrate may decide at the
end of the case
UPALI
JAYASINGHE VS. ANANDA PARANAWITHANA Section 66 (1) (a) of the Act empowers a
police officer to file information under the Act. In such a situation the
police officer has to decide whether the breach of the peace is likely or
threatened. Under subsection (b) of section 66(1), a private party can file
information and it is the Court that has to decide whether the breach of the
peace is threatened or likely due to the dispute. David Appuhamy V. Yassassi
Thero [1987] 1 Sri L R 253 Section 66 of the Primary Courts' Procedure Act,
provides for the formation of the opini... read more
GALLELAW BLOGGER8 months ago
Section 66 - Agricultural Development Law- Breach of
the peace
DOUGLAS
ARIYASINGHE VS T.M. EKANAYAKE AND OTHERS *Janak De Silva J.* This is an appeal
against the order of the learned High Court Judge of the North Central Province
holden in Polonnaruwa dated 09.05.2013. The Petitioners-Respondents-Respondents
(Respondents) instituted proceedings in terms of section 66(1)(b) of the
Primary Courts Procedure Act (Act) against the 1st Respondent-Petitioner
Appellant (1st Appellant). The learned Magistrate held that the Respondents
were entitled to the possession of the land in dispute and directed the pt
Appellant to refrain from disturbing the... read more
GALLELAW BLOGGER8 months ago
what is meant by excluse jurisdiction in the light of
Section 66 proceedings
KANTHI
MUNASINGHE VS K.D. PRABHATH KUMARA Agrarian Development Act does not oust the
jurisdiction of the Magistrates' Courts exercisable under section 66 of the
Primary Courts Procedure Act, merely because the dispute relates to paddy land.
For the former Act to be applicable, and the jurisdiction of the Magistrate's
Court is to be ousted, there shall be a landlord and tenant-cultivator
relationship between the two contending parties. *Mahinda Samayawardhena, J.*
The Petitioners filed this application in the Magistrate's Court on 30.06.2008
against the Respondent under s... read more
GALLELAW BLOGGER9 months ago
Mohemed
Abdulla A Mohideen vs Ranminipura Dewage S.R Vishwakula H.C. Avissawella Case
No. HCA 17/2012 (Rev) M.C. Avissawella Case No.47993/12 Before: K.K.
Wickremasinghe J. & Janak De Silva J. Counsel: M.S.A. Shaheed with A.M.
Hussain for 151 Party Respondent-Petitioner-Appellant Malaka Herath for 2nd
Party Respondent-Respondent-Respondent and Intervenient-Respondent-
Respondent-Respondent. Decided on: 11.01.2019 Janak De Silva J. This is an
appeal against the order of the learned High Court judge of the Western
Province holden in Avissawella dated 12.12.2012... read more
GALLELAW BLOGGER9 months ago
Lelio
Orsetti, Vs Umagiliyage Rasika Chaminda, Court of Appeal case no.
CA/PHC/APN58/2015 M.C. Galle case no. 34/13 M.C. Galle case no. 4216/13 Before:
P.R.Walgama J. : L.T.B. Dehideniya J. Counsel : Shantha Jayawardane with Camara
Nanayakkara for the Respondent Respondent Petitioners. W. Dayarathne PC with
R.Jayawardane for the Petitioner Petitioner Respondent. Argued on : 04.03.2016
Written submissions filed on : 19.05.2016 Decided on : 09.12.2016 L.T.B.
Dehideniya J. This is a revision application filed against an order of the learned
High Court Judg... read more
GALLELAW BLOGGER9 months ago
Koraburuwane
H Siri Bandula Vs K Kithsiri Mahinatha,[CA] Janak de silva j Patent v Latent
Want of Jurisdiction- xercise of powers by a court in a situation of patent
want of jurisdiction results in the court exercising new jurisdictions not
provided for by statute. a private information under Section 66(1)(b) of the
Act it is not incumbent on the petitioner to specifically pray for restoration
to possession. That is a relief that the learned Primary Court Judge is under a
statutory duty to consider and grant after due inquiry. Basnayake C.J. in
Bandahamy v. Senanayake (62 N.L.R... read more
GALLELAW BLOGGER9 months ago
Meenachchi
Vs S Wijeshwari [CA] unreported CA case No: CA(PHC) 39/2003 C A HC Kandy case
No: H.C. 41/2000 Primary Court Nuwaraeliya case No:19876/99 HC Kandy case No:
H.C. 41/2000 “Breach of the peace is likely does not mean that breach of the
peace would ensue for certainty; rather, it means that a breach of the peace or
disorder is a result such as might well happen or Occur.” *Therefore, it is
well settled law that in order to issue notice under 66(1)(b) imminent breach
of the peace is not an essential ingredient, in absolute sense. Nevertheless,
from the affi... read more
GALLELAW BLOGGER9 months ago
IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. when the
jurisdiction of the court is invoked by a private individual upon filing an
affidavit in term of section 66 (1) (B) of the Act the necessity to file an
affidavit under section 66 (3) does not arise CA PHC 108/2011 PHC Banality
814/10 Damith Kodithuwakku, Siththragoda, Amugoda Vs Pinnaduwa Hewa Samson,
Bogahawatta, Amugoda BEFORE.: A.W.A SALAM & DEEPALI WIJESUNDARE JJ COUNSEL:
Rohan Sahabandu PC for the appellant D.M.G Dissanayaka for the resp... read more
GALLELAW BLOGGER9 months ago
Gaspe
M. Kusumalatha Vs P.G.D.J. Samarawickrama. [CA] CA CASE NO: CA (PHC) 78/2005 CA
(PHC) 78A/2005 HC KURUNAGALA CASE NO: HCR 133/2003 MC KULIYAPITIYA CASE NO:
6971/66 Before: K.K. Wickramasinghe, J. Mahinda Samayawardhena, J. Counsel:
Manohara De Silva, P.C., with Imalka Abeysinghe for the original Respondents-
Petitioners-Appellants in CA (PHC) 78/2005. R. Wimalarathna for the original
Petitioners- Respondents-Appellants in CA (PHC) 78A/2005. Decided on:
21.05.2019 Samayawardhena, J. The two petitioners (G.M. Kusumalatha and
P.G.D.J. Samarawickrama) fi... read more
GALLELAW BLOGGER9 months ago
NAVARATNASINGHAM
V. ARUMUGAM [CA] 1980 – SLR- Volume 2 , Page 1 Jurisdictional objection to be
taken at the earliest opportunity-Waiver Judicature Act, No. 2 of 1978, section
39- Requirement that breach of peace imminent-Has Magistrate jurisdiction to
proceed in the absence of such material. COURT OF APPEAL. SOZA, J. AND
ATUKORALE, J. C. A. APPLICATION No. 266/80-M. C. JAFFNA 20319. AUGUST 15,1980.
Supreme Court Rules, 1978, Rule 46-Revision application-Objection taken for
non-compliance therewith-Meaning of the term "proceedings" in such
Rule-Application rejected... read more
GALLELAW BLOGGER9 months ago
Persistent discrimination and partiality by Police to
one party in land dispute
SHAUL
HAMEED Vs RANASINGHE [SC] [Persistent discrimination and partiality by Police
to one party in land dispute- It is the duty of the police to protect the to
prevent crimes and public nuisances and preserve the peace. In the discharge of
this duty also it may become necessary for the Police to intervene in property
disputes and afford protection. SUPREME COURT MARK FERNANDO, J., KULATUNGA, J.
AND DHEERARATNE, J. S.C. APPLICATION No. 78/87. APRIL 25, 1989. Fundamental
Rights - Constitution, Articles 12(1) and 136(4) -Persistent discrimination and
partiality by P... read more
GALLELAW BLOGGER9 months ago
NANDAWATHIE
V MAHINDASENA [CA] 2009 – SLR- Volume 2- Page 218 (1) When an order of a Primary
Court Judge is challenged by way of revision in the High Court the High Court
can examine only the legality of that order and not the corrections of that
order. (2) On appeal, the Court of Appeal, should not under the guise of the
appeal attempt to re-hear or re-evaluate the evidence led and decide on the
facts which are entirely and exclusively falling within the domain of the
jurisdiction of the primary Court. COURT OF APPEAL RANJIT SILVA. J SALAM, J.
CA( PHC) 242/2006 HC A... read more
GALLELAW BLOGGER8 months ago
execution pending appeal- section 66
JAYANTHA
GUNASEKARA VS. JAYATISSA GUNASEKARA (Divisional Bench) 2011 1 SLR 284 COURT OF
APPEAL SISIRA DE ABREW. J, SALAM. J & LECAMWASAM. J CA PHC APN 17/2006 (DB)
HC AWISSAWELLA 55/04 MC AVISSAWELLA 65720 FEBRUARY 25,2011 MARCH 3,4,2011 MAY
16,2011 Constitution Article 154 (P) 3 (b) - Primary Courts Procedure Act -
Section 2, Section 66, Section 68-Section 76-High Court exercising revisionary
jurisdiction -Appeal to Court of Appeal- Does the filing of an appeal ipse
facto stay the execution of the judgment of the High Court? - Cassus omissions
clause in the Pr... read more
GALLELAW BLOGGER8 months ago
SHARIF
AND OTHERS VS. WICKRAMASURIYA AND OTHERS 2010 1 SLR 255 COURT OF APPEAL ERIC
BASNAYAKE, J . CHITRASIRI, J. CA 972/2007 PR. LT. PUTTALAM 16097/P SEPTEMBER
10,2008 JUNE 1, 5,2009 OCTOBER 8,2009 NOVEMBER 18, 2009 Restitutio-in Integrum
-Primary Courts Procedure Act - Section 66 - Section 66 (1) (a) (i).
Jurisdiction of the Court of appeal to entertain
Revision/Restitutio-in-Integrum applications from Primary Court orders?
Constitution, Article 138 - 13th Amendment Article 154P(3) - High Court of the
Provinces (Special Provisions) Act 19 of 1990 - Section 9... read more
GALLELAW BLOGGER8 months ago
KULAPALA
AND ANOTHER VS SOMAWATHIE 2001 3 SLR 317 COURT OF APPEAL WIGNESWARAN, J.
TILAKAWARDENA, J. CA. 123/96 D.C. RATNAPURA 10162/L JANUARY 21, 2000 Possesory
action - Prescription Ordinance S.4 - Institution of Action - time period -
Dispossession - Primary Courts procedure Act - S.66 Held : (i) It is incumbent
upon the Plaintiff Appellants to have instituted action within one year of the
alleged dispossession. (ii) The action, by the institution of proceedings
envisaged in S.4 of the Prescription Ordinance was one where the Plaintiff in
such action ... read more
GALLELAW BLOGGER8 months ago
Village
footpath ..through jungle LOWE VS.DAHANAYAKE AND ANOTHER 2005 2 SLR 413 COURT
OF APPEAL, WIMALACHANDRA, J. CALA 37/2005 DC NEGOMBO 6385/L 22ND AUGUST, 2005
Interim injuction - Preventing access being obstructed - A person having no
soil rights, can he obstruct another using the road ? - How does a right of way
Come into existence? Interim relief-Ingredients- invalidating an order made by
the Primary Court - Primary Courts Procedure Act, Sections 66, 67, 68 and 69.
The plainfitt-respondents instituted action and prayed inter-alia, for a
de... read more
GALLELAW BLOGGER8 months ago
KAYAS
VNAZEER AND OTHERS 2004 3 SLR 202 SUPREME COURT FERNANDO, J.. AMEER ISMAIL, J.
WEERA SURIYA, J. SC 49/2002 CA 105/96 PRIMARY COURT, PANW1LA 8113 JANUARY 27,
2003 MARCH 4, 2003 MAY 8, 29, 2003 JUNE 5, 2003 Primary Courts Procedure Act -
Section 23-36, Section 37-53, Section 66, Section 68 (1), Section 68(3),
Section 68(7), Section 76, Section 78 - Who is an aggrieved party - Locus Stand)
- Issuing of a writ of ejectment - Validity? -Restoration to possession? -
Circumstances - What is the object of Revision? When could the Primary Court
activate the fisc... read more
GALLELAW BLOGGER8 months ago
KARUNANAYAKE
VS.SANGAKKARA 2005 2 SLR 403 COURT OF APPEAL SOMAWANSAJ (P/CA) WIMALACHANDRA. J
CA 475/2002 CA (PHC) 213/2001 H. C. KANDY 21/2001 PRIMARY COURT, KANDY 73143
MAY 9,2005. Primary Courts Procedure Act. S66(2), S68, S69, A71, S72,
S78-Administration of Justice Law 44 of 1973 - S62-Can a Primary Court Judge
summon witness of his choice ex mero motu ? -Closure of case-Can the Primary
Court Judge reopen case and summon a witness ? The Primary Court Judge after
having fixed the matter for order, without delivering his order issued
summon... read more
GALLELAW BLOGGER8 months ago
when an appeal regarding a Section 66 proceeding
execution does not automatically stop
NANDAWATHIE
AND ANOTHER V. MAHINDASENA 2009 2 SLR 18 COURT OF APPEAL RANJIT SILVA. J SALAM,
J. CA(PHC) 242/2006 HC AVISSAWELLA (REV) 67/2004 MC AVISSAWELLA 66148 (66)
JANUARY 15TH, 2009 MAY 4TH, 2009 Primary Court Ordinance Sections 68, 69, 74
(2), 78 - Relief granted - Moved High Court in revision - Application allowed -
Appeal lodged - Can the writ be executed while the appeal is pending? - Is
there an automatic stay of proceedings? Civil Procedure Code Sections 754, 757
(2), 761, 630 - Amended by Act No. 38 of 1998 - Judicature Act - Section 23 - High
Court o... read more
GALLELAW BLOGGER8 months ago
GAMARALALAGE
JAYASINGHE Vs MAHARA MUDIYANSELAGE LOKU BANDARA Editors Note (GalleBlogger)
Breach of the peace does not mean fisticuffs, grievous hurt or attempted
murder. It is sufficient if there is a present fear that there will be a breach
of the peace stemming from the dispute unless the Court takes control of the
matter. ASCERTAINMENT OF THE BREACH OF THE PEACE OR ITS LIKELIHOOD BY COURT IS
A WASTE OF TIME IN TERMS OF SECTION 66 OF THE P.C.P.ACT AS OPPOSED TO SECTION
62 OF THE A.J.L IS A WASTE OF TIME. *WHAT CONSTITUTE BR... read more
GALLELAW BLOGGER9 months ago
Judgement
overled by Jayantha Gunasekara Vs Jayathissa Gunasekara 2011- SLR- Volume 1-
284 by a divisional Bench of the CA click here to read Jayantha Gunasekara
KANTHILATHA Vs WIMALARATNE [CA] (i) The effect of a right of appeal is the limitation
of the jurisdiction of one court and the extension of the jurisdiction of
another; on that right being exercised the case should be maintained in status
quo till the appellate court has dealt with it and given its decision. (ii) The
filing of an appeal in the exercise of a right of appeal conferred by law, ipso
facto operates to susp... read more
GALLELAW BLOGGER9 months ago
No direct appeal to SC from an order of the High Court
in the exercise of revisionary power
ABEYWARDENE
Vs AJITH DE SILVA [SC] Divisional Bench 1998 – SLR - Volume 1- Page 134 SUPREME
COURT AMERASINGHE, J., WADUGODAPITIYA. J.,WIJETUNGA, J., ANANDACOOMARASWAMY,
J.AND SHIRANI BANDARANAYAKE, J. S.C. SPECIAL LA. NO. 457/96 29TH JULY 1997.
Appeal - Article 154 P (3) (b) of the Constitution - Sections 5 and 9 of the
High Court of the Provinces (Special Provisions) Act No. 19 of 1990 - Appeal
from an order of the High Court in the exercise of its revisionary jurisdiction.
The petitioner sought leave to appeal to the Supreme Court from an order made
by the High Co... read more
GALLELAW BLOGGER9 months ago
SUBASHINI
VS. OIC, TISSAMAHARAMA [CA] 2014 – SLR-Volume 1- Page 83 COURT OF APPEAL ABDUL
SALAM, J. (P/CA) RAJAPAKSE, J. CA PHC 128/2011 PHC HAMBANTOTA 7/2010, MC
TISSAMAHARAMA 99595/09 FEBRUARY 18, 2014, SEPTEMBER 2, 2014 Primary Courts
Procedure Act No. 44 of 1979 Section 66(1) (a) - Agricultural Development Act
Section 90 - interference with Cultivation Rights of owner cultivator or
occupier - Could the jurisdiction conferred under Section 66 be exercised? -
Special Tribunal created to give specific remedy - Resort to that Tribunal?
Held: (1) Where a statute created... read more
GALLELAW BLOGGER9 months ago
PATHMA
ABEYWICKREMA V JEEVANI [CA] 2012 – SLR- Volume 1-Page 393 COURT OF APPEAL
SISIRA DE ABREW.J CHITRASIRI.J CA[PHC] 67/2000 HC GALLE 51/99 JULY 23,24,2012
Primary Courts Procedure Act- 44 of 1979- Section 66- Order canvassed in
Revision- Permission not granted to file objections- Order on the Revision
application fixed- Appeal against the order refusing to grant time lodged in
the Court of Appeal - Not taken up- Is the order refusing the application to
tender objections a final order or an interlocutory order- Civil Procedure
Code- Section 754 [1], [2] - ... read more
GALLELAW BLOGGER9 months ago
SIRIPALA
V LANEROLLE [CA] 2012 – SLR- Volume 1-Page 105 COURT OF APPEAL IMAM.J SARATH DE
ABREW.J CA PHC APN 101/2007, MC GALLE 86042, HCRA601/07 AUGUST 30,31/2007,
SEPTEMBER 12/2007, OCTOBER 18/2007 Primary Courts Procedure Act- section 66-
Order of Magistrate's Court- Revision in High Court dismissed - Revisionary
jurisdiction of the Court of Appeal- When applicable ?- Discretionary remedy-
Uberrima fides towards Court- Exceptional circumstance - Have to be pleaded?
The petitioner Instituted action in terms of section 66 of the Primary Courts
Procedure Act. Action was d... read more
GALLELAW BLOGGER9 months ago
Transfer of cases from one Primary Court to another-
AG not entitled to be noticed
ABDUL
HASHEEB V. MENDIS PERERA [CA] 1991 – SLR- Volume 1- Page 243 COURT OF APPEAL
TAMBIAH, J. AND G.P.S. DE SILVA, J. CA APPLICATION NO. 1092/81 P.C. GAMPAHA
CASE NO. 3853 06 APRIL 1982, 14 JUNE 1982, 6, 7, 8 JULY 1982 AND 10, 13 AND 14
SEPTEMBER 1982 Judicature, Act No. 2 of 1978, SS. 46 & 47 - Application for
transfer of case from one Primary Court to another - Failure to give notice in
writing of the application to the Attorney-General as required by s. 47(3) of
the Judicature Act - Bias - Expediency as ground for transfer of case. Held: It
is section 46 which lays do... read more
GALLELAW BLOGGER9 months ago
MARY
NONA V FRANSINA [CA] Sri Lanka Law Reports 1988 - Volume 2 , Page No - 250
COURT OF APPEAL RAMANATHAN, J. C. A. 1184/85 - PRIMARY COURT KEGALLE NO. 508/84
MARCH 30, 1988 Revision - Rules of the Supreme Court - Rule 46 - Is compliance,
imperative? Compliance with Rule 46 of the Supreme Court Rules 1978 in an
application for revision is mandatory. A copy of the proceedings containing so
much of the record as would be necessary to understand the order sought to be
revised and to place it in its proper context must be filed. Merely filing
copies of three journal entries... read more
GALLELAW BLOGGER9 months ago
ABEYGUNASEKERA
V SETUNGA [SC] Sri Lanka Law Reports 1997 - Volume 1 , Page No - 62 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. The
following questions wer... read more
GALLELAW BLOGGER9 months ago
ARLIS V
ABEYNAYAKE [CA] 980 – SLR- Volume 2-Page- 84 COURT OF APPEAL. RANASINGHE, J.,
AND K. C. E. DE ALWIS J. C. A. APPLICATION 618/80-PRIMARY COURT, EMBILIPITIYA
1452. Requirement of the order having to be delivered within one week of
conclusion of inquiry - Non-compliance renders the order illegal. THIS JUDGMENT
WAS LATER OVERRULED BY SUPREME COURT IN RAMALINGAM VS THANGARAJA 1980 SLR VOL 2
PAGE 84 OCTOBER 1. 8, 1980. Primary Courts Procedure Act, No. 44 of 1979,
section 67(2)-Requirement that order be delivered within one week of conclusion
of inquiry ¬Non-compli... read more
GALLELAW BLOGGER9 months ago
RIGHT OF WAY DISPUTE UNDER PSRT VII OF THE PRIMARY
COURT PROCEDURE ACT-
Ananda
Sarath Paranagama VS Dhammadhinna Sarath Paranagama C A(PHC) APN 117/2013 HC
Galle HCRA 32/13 Before: A.W.A.Salam, J (P/CA) and Sunil Rajapaksha, J Counsel:
Dr Sunil Cooray with R. M Perera for the 2nd party-petitioner-petitioner and
Janaka Balasuriya for the parties of the 1st respondent- respondents. Argument
on: 10 February 2014 Decided on: 07 August 2014. A.W.A.SALAM, J (P/CA) This
application is aimed at revising an order of the Provincial High Court entered
in the exercise of the revisionary jurisdiction vested in it under Article 154
P(3)(b) of the Constitu... read more
GALLELAW BLOGGER9 months ago
mandatory order to demolish a wall - legality -
previous decision on the same point was not followed
GANDHI
v.MUBARAK 2003 3 SLR 31 COURT OF APPEAL AMARATUNGA, J. BALAPATABENDI, J.
CA(PHC) 8/2000 H.C. RATNAPURA HCRA 134/96 P.C. RATNAPURA 16246 AUGUST 23, 2001
AUGUST 20, 2002 Primary Courts Procedure Act 44 of 1979- S. 66(1) (a) - Can a
Primary Court Judge order the demolition of a wall erected across the doorway?
- Constitution Article 154P (3) (b) Held: 1. The only way to restore possession
of the store room to the respondent was by demolishing the wall which was
forcibly erected which prevented his effective possession of the store room.
... read more
GALLELAW BLOGGER9 months ago
failure to endevour to settle the issue. [judgment not
followed now]
ALI VS
ABDEEN 2001 1 SLR 413 COURT OF APPEAL GUNAWARDENA, J. CA 1329/90 MC WARAKAPOLA
NO. 17641 Primary Courts' Procedure Act, No. 44 of 1979 - Sections 66(6) and
66(7) of the Primary Courts' Procedure Act - Jurisdiction to make Order - Preemtory
duty to encourage to facilitate dispute settlement. Held : (i) The Primary
Court Judge was under a peremptory duty to encourage or make every effort to
facilitate dispute settlement before assuming jurisdiction to hold an inquiry
into the matter of possession and impose on the parties a settlement by means
of Court or... read more
GALLELAW BLOGGER8 months ago
ABEYGUNASEKERA
v.SETUNGA 1997 2 SLR 162 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. The follow... read more
GALLELAW BLOGGER9 months ago
DAYANANDA
v. THALWATTE 2001 2 NLR 273 COURT OF APPEAL. JAYASINGHE, J. JAYAWICKREMA, J. MC
NUWARAELIYA : 9616/97 CA 912/97 2nd DECEMBER, 1999. 1st FEBRUARY, 2000. 24TH MAY,
2000. Primary Court Procedure Act - S. 66 - Petitioner declared entitled to
possession - Steps under State Lands Recovery of Possession Act, 7 of 1979 -
Prerogative writs - Failure to sped - Declaration that Magistrate had no
jurisdiction - Can an application for Writ be combined with an application for
Revision - Constitution Articles 133 and 140. The Petitioner instituted
proceedings unde... read more
GALLELAW BLOGGER9 months ago
TUDORv.
ANULAWATHIE AND OTHERS 1999 3 SLR 235 COURT OF APPEAL YAPA, J., GUNAWARDANA, J.
C.A. NO. 95/94 (PHC). HC KANDY REV. NO. 158/94. PRIMARY COURT KANDY NO.
11493/93. MAY 26, 1998. AUGUST 24, 27, 1998. Primary Courts' Procedure Act ss.
66, 68 (1), (3), 69 (1), (2) - Has the Primary Court jurisdiction under s. 68
and s. 69 to make an order of demolition or removal of a structure - Quando Lex
Aliquid Concediture Et Id Sine Que Ipsa Esse Non Potest - Should reasons be
given? Held: 1. The ultimate object of s. 68, and s. 69 being to restore the
per... read more
GALLELAW BLOGGER9 months ago
"BREACH
OF THE PEACE IS LIKELY" DOES NOT MEAN THAT THE BREACH OF THE PEACE WOULD
ENSUE FOR A CERTAINTY; RATHER, IT MEANS THAT A BREACH OF THE PEACE (OR
DISORDER) IS A RESULT SUCH AS MIGHT WELL HAPPEN OR OCCUR OR IS SOMETHING THAT
IS, SO TO SPEAK, ON THE CARDS. IQBAL v. MAJEDUDEEN AND OTHERS 1999 3 SLR 213
COURT OF APPEAL. YAPA, J., GUNAWARDANA, J. C.A. (PHC) NO. 100/97. HCRA NO.
820/96 M.C. COLOMBO NO. 72192/3. SEPTEMBER 7, 1998. DECEMBER 15, 1998. MAY 8,
1999. Primary Courts Procedure Act - Possession - Actual or constructive -
Forcible dispossession ... read more
GALLELAW BLOGGER9 months ago
PUNCHI
NONA v. PADUMASENA 1994 2 SLR 117 COURT OF APPEAL. ISMAIL, J. PRIMARY COURT.
MATARA CASE NO. 47970. C.A. NO. 104/90. MAY 03 AND JUNE 09, 1994. Primary
Courts Procedure ‑Primary Courts Procedure Act, ss. 66(1) (a), (b), 68(1) &
(3), 69 ‑ Distinction between section 68(1) & (3) and section 69 ‑Jurisdiction
distinction between section 66(1) (a) and section 66(1) (b) ‑ Section 68(1) of
the Primary Courts Procedure Act is concerned with the determination as to who
was in possession of the land on the date of the filing of the information to
Court. Section 6... read more
GALLELAW BLOGGER9 months ago
VELUPILLAI
v. SIVANATHAN 1993 1 SLR 123 commented as being decided on a wrong footing in a
later case COURT OF APPEAL. ISMAIL, J. CA APPLICATION NO. 909/85. PRIMARY
COURT, KILINOCHCHI NO. 2817. NOVEMBER 13 AND DECEMBER 16, 1992. Primary Courts
Procedure Act - Section 66 Application - Dispute affecting land under s. 66
(1)(a), 66 (1)(b) and 66 (2) of the Primary Courts Procedure Act -
Jurisdiction. Under section 66 (1)(a) of the Primary Courts Procedure Act, the
formation of the opinion as to whether a breach of the peace is threatened or
likely is left to the police ... read more
GALLELAW BLOGGER9 months ago
MANSOOR
v.O.I.C. AVISSAWELLA 1991 2 SLR 75 COURT OF APPEAL. S. N. SILVA, J. C. A.
APPLICATION NO. 04/85. M. C. AVISSAWELLA NO. 38240. May 06, June 03, July 15,
and August 26, 1991. Tenant cultivator ‑Eviction ‑Proceedings under section 62
(1) (b) of the Administration of Justice Law and section 77 of the Primary
Courts Procedure Act ‑Jurisdiction ‑ Rights as tenant cultivator under
Agricultural Lands Law, No. 42 of 1973 and succeeding law under Agrarian
Services Act, No. 58 of 1979 ‑ Can relief be also claimed under the
Administration of Justice Law and Primary Co... read more
GALLELAW BLOGGER9 months ago
SILINONA
v.DAYALAL SILVA AND OTHERS 1992 1 SLR 95 COURT OF APPEAL S. N. SILVA, J. C.A.
NO. 17/84; M.C. KALUTARA NO. 45428 29 JUNE, 1990 Primary Courts Procedure Act -
Dispute regarding a right of way - Scope of sections 66(3) and 66(8)(b) -
Application for postponement to rile affidavit - No order on the application
but case fixed to be called on a later-date - Interpretation of time limits in
statutes - Mandatory and directory provisions - Scope of maxim "act of
court cannot prejudice a party" (actus curiae neminem gravabit). In
proceedings which had commenced under Sect... read more
GALLELAW BLOGGER9 months ago
RATNAYAKE
VS PADMINI DE SILVA AND ANOTHER 1990 2 SLR 191 COURT OF APPEAL, WIJETUNGA, J.
AND WIJEYARATNE, J., C. A. No. 612/89 - M. C. KURUNEGALA No. 19272, FEBRUARY 7
AND 8, 1990. Civil Procedure-Primary Courts Procedure Act - Failure to affix
notice under S. 66(4) on the disputed land. - Revision - Article 138 (1) of the
Constitution. Failure to cause the notice to be affixed on the land as required
by S. 66 (4) of the Primary Courts Procedure Act does not affect the
jurisdiction of the Court but is only an irregularity in procedure. Under S.
66(2) where an... read more
GALLELAW BLOGGER9 months ago
JAMIS
VS KANNANGARA 1999 2 SLR 350 - COURT OF APPEAL P.R.P. PERERA, J. &
PALAKIDNAR, J. C.A. No. 89/89 - P.C. RATNAPURA No. 191(92031) - JUNE 15 AND
JULY 5, 1989. Lease - Landowner leasing gemming rights - Landowner being in
occupation builds house - Can removal of house be ordered? - Primary Courts
Procedure Act, section 69(2) - Indian Criminal Procedure Code, section 147(2).
One Jamis gave a lease of gemming rights of a land in his occupation. He built
a house on it to the detriment of the lessee's gemming rights. The Primary
Court ordered the removal of the hou... read more
GALLELAW BLOGGER9 months ago
DAVID
APPUHAMY v. YASSASSI THERO 0ne of the mostly cited authorities BANDARANAYAKE,
J. AND WIJETUNGA, J. C. A. APPLICATION No. 1376/81. M.C. MORAWAKA No. 17993.
NOVEMBER 18, 1986. Revision -Sections 66 and 68 of the Primary Courts Procedure
Act No. 44 of 1979 - Rule 46 of the Supreme Court Rules, 1978 - Meaning of
'proceedings' - Jurisdiction of Primary Court under s. 66 - Ex parte order.
Under the Primary Courts Procedure Code Act the formation of the opinion as to
whether a breach of the peace is threatened or likely is left to the police
officer inquiring into the dispu... read more
GALLELAW BLOGGER9 months ago
HOTEL GALAXY (PVT) LTD v. MERCANTILE HOTELS
MANAGEMENT LTD.
HOTEL
GALAXY (PVT) LTD v. MERCANTILE HOTELS MANAGEMENT LTD. 1987 1 SLR 15 SUPREME
COURT. SHARVANANDA, C.J. ATUKORALE, J. AND H. A. G. DE SILVA, J. S.C. APPEALS
26/85 AND 27/85. C.A. 1379/84. D.C. COLOMBO 4806/Z. JUNE 16, 17, 18. 19 AND 20
AND JULY 7, 8, 9 AND 10, 1986. Arbitration-Arbitration agreements-Scott v.
Avery clause-Arbitration Ordinance ss. 4 and 7 - Discretionary power of court -
Waiver - Contract of employment or agency - Specific performance - Possession -
Injunction - Enjoining order - Section 666 of C.P.C. - Ex parte order -
Vacation of enjoining o... read more
GALLELAW BLOGGER9 months ago
O.I.C
Kotahena Vs. DEWASINGHE 1983 - Volume 2 , Page No - 149 COURT OF APPEAL
SENEVIRATNE, J., ABEYWARDENA, J. AND G. P. S. DE SILVA, J. C.A. REVISION
APPLICATION NO. 428/81 PRIMARY COURT OF COLOMBO CASE NO. 99310/3 29 MARCH 1983.
Primary Courts Procedure Act No. 44 of 1979, Ss. 66, 67 and 68‑Are time limits
prescribed In Ss. 66 and 67 mandatory or directory . Held ‑ Noncompliance with
the provisions of section 67(1) of the Primary Courts Procedure Act in regard
to time limits will not vitiate the proceedings as these time limits are
directory. Cases ... read more
GALLELAW BLOGGER9 months ago
WEERASINGHE
v. SEPALA Sri Lanka Law Reports 1996 - Volume 2 , Page No - 229 SUPREME COURT
G. P. S. DE SILVA, C. J. WIJETUNGA, J. AND ANANDACOOMARASWAMY, J. S. C. APPEAL
NO. 72/95 C. A. APPLICATION NO. 1324/86 M.C. KEGALLE NO. 60857/85 14th June,
1996. Primary Courts Procedure Act ‑ Right of a tenant cultivator to cultivate
a paddy land ‑ Right to possession of land ‑ sections 68, 69 of the Act. An
Assistant Commissioner of Agrarian Services ordered the Appellant (Landlord)
"to give possession" of a paddy land to the Respondent to cultivate
it as the l... read more
GALLELAW BLOGGER9 months ago
section 66 - right to cultivate
LOKU
BANDA vs UKKU BANDA 1982 - Volume 2 , Page No - 704 SUPREME COURT SHARVANANDA,
J., VICTOR PERERA, J., AND SOZA, J. S.C. 50/80 ‑C.A. 49/78, M.C. MAWANELLA 4287
SEPTEMBER 3, 1982 Administration of Justice Law, Sections 62, 63 ‑Ande rights
protected by Agricultural Lands Law ‑ Magistrate's duties when breach of peace
is threatened over dispute as to possession rights. Rasnekkumbura belonged in
equal shares to Loku Banda, Ukku Banda and Warsakone. Loku Banda was an ande
cultivator of Ukku Banda's lot. Disagreement arose and the matter was referred
to the Conc... read more
GALLELAW BLOGGER9 months ago
RAMALINGAM VS THANGARAJAH ... CELEBRATED JUDGEMET
CELEBRATED
JUDGMENT ON SECTION 66 PROCEEDINGS RAMALINGAM vs THANGARAJAH Sri Lanka Law
Reports 1982 - Volume 2, Page No - 693 SUPREME COURT SHARVANANDA, J., VICTOR
PERERA, J., AND COLIN THOME, J. S.C. 6/82; CA 2460/80; P.C. AKKARAIPATTU
PCA/398 SEPTEMBER 29, 1982 Primary Courts Procedure Act, Sections 66 to 76 ‑Duty
of Judge in disputes as to possession ‑ Consequence of failure to keep to time
limits laid down in Act. The respondent owned a land in extent 8A.1R.22P and
had been cultivating it for decades but appellant dispossessed him of the land,
on 6.... read more
GALLELAW BLOGGER9 months ago
Transfer of case from one Primary to another- is AG
entitled to receive notice
ABDUL
HASHEEB Vs MENDIS PERERA AND OTHERS COURT OF APPEAL TAMBIAH, J. AND G.P.S. DE
SILVA, J. CA APPLICATION NO. 1092/81 P.C. GAMPAHA CASE NO. 3853 06 APRIL 1982,
14 JUNE 1982, 6, 7, 8 JULY 1982 AND 10, 13 AND 14 SEPTEMBER 1982 Judicature,
Act No. 2 of 1978, SS. 46 & 47 - Application for transfer of case from one
Primary Court to another - Failure to give notice in writing of the application
to the Attorney-General as required by s. 47(3) of the Judicature Act - Bias -
Expediency as ground for transfer of case. Held: It is section 46 which lays
down the groun... read more
GALLELAW BLOGGER9 months ago
section 66 - Revision - Rules of the Supreme Court -
Rule 46 - Is compliance, imperative?
MARY
NONA vs. FRANSINA COURT OF APPEAL RAMANATHAN, J. C. A. 1184/85 - PRIMARY COURT
KEGALLE NO. 508/84 MARCH 30, 1988 Revision - Rules of the Supreme Court - Rule
46 - Is compliance, imperative? Compliance with Rule 46 of the Supreme Court
Rules 1978 in an application for revision is mandatory. A copy of the
proceedings containing so much of the record as would be necessary to
understand the order sought to be revised and to place it in its proper context
must be filed. Merely filing copies of three journal entries with no bearing on
the matters raised in the petit... read more
GALLELAW BLOGGER9 months ago
ARLIS
V. ABEYNAYAKE This judgment was overruled by *RAMALINGAM vs THANGARAJAH* Sri
Lanka Law Reports 1980 - Volume 2, Page No - 84 COURT OF APPEAL. RANASINGHE,
J., AND K. C. E. DE ALWIS J. C. A. APPLICATION 618/80-PRIMARY COURT,
EMBILIPITIYA 1452. OCTOBER 1. 8, 1980. Primary Courts Procedure Act, No. 44 of
1979, section 67(2)-Requirement that order be delivered within one week of conclusion
of inquiry Non-compliance-Whether judge has jurisdiction to deliver order
thereafter. Held: Section 67 (2) of the Primary Courts Procedure Act which
requires the judge to de... read more
GALLELAW BLOGGER9 months ago
No objection raised against alleged lack of breach of
peace - belated objection is a waiver
PARAMASOTHY
v NAGALINGAM Sri Lanka Law Reports 1980 - Volume 2 , Page No - 34 COURT OF
APPEAL. SOZA, J., AND L. H. DE ALWIS, J. C. A. APPLICATION NO. 807/80. OCTOBER
22, 1980. Primary Courts Procedure Act No. 44 of 1979, sections 66, 67,
72-Breach of the Peace threatened or likely-Objection that failure to consider
such requirement deprived court of jurisdiction-Opportunity to lead
evidence-When necessary-Discretion of court-Requirement that objection to
jurisdiction be taken at earliest opportunity-Judicature Act, No. 2 of 1978,
section 39. The petitioner m... read more
GALLELAW BLOGGER9 months ago
NAVARATNASINGHAM
Vs. ARUMUGAM Sri Lanka Law Reports 1980 - Volume 2 , Page No – 1 COURT OF
APPEAL. SOZA, J. AND ATUKORALE, J. C. A. APPLICATION No. 266/80-M. C. JAFFNA
20319. AUGUST 15,1980. Supreme Court Rules, 1978, Rule 46-Revision
application-Objection taken for non-compliance therewith-Meaning of the term
"proceedings" in such Rule-Application rejected.
jurisdiction-Objection to be taken at the earliest opportunity-Waiver
Judicature Act, No. 2 of 1978, section 39. Administration of Justice Law, No.
44 of 1973,section 62-Requirement that breach of peace ... read more
GALLELAW BLOGGER9 months ago
first reported judgment on dispute relating to lands
where breach of the peace is imminent
S. A.
KANAGASABAI vs M. K. MYLWAGANAM.( SHARVANANDA, J) 78 NLR 280 1976 Present :
Sharvananda, J., and Wanasundera, J. S. C. Application 471/76-M.C. Colombo
42282/1 Administration of Justice Law-Sections 62, 63, 65-Relevance of suit
pending in civil court-Conditions precedent to the exercise of jurisdiction-Meaning
of dispute affecting land. (1) The mere fact that a suit is pending in a civil
court does not deprive the Magistrate of jurisdiction to make an order under
Sections 62 and 63 of the Administration of Justice Law, No. 44 of 1973. (2) It
is suffic... read more
GALLELAW BLOGGER9 months ago
OIC,
Beliatta Police Vs Jasing Bastian Arachchige Udeni Mangalika COURT OF APPEAL OF
SRI LANKA Officer-in-Charge, Police Station, Beliaththa. Complainant Vs. 1.
Jasing Bastian Arachchige Udeni Mangalika Nandna Srasi, Hakmana Road,
Kambassawala, Beliaththa. 2. Lalith Wittahachchi, No. 220, 1st Lane,
Kambassawala East, Beliaththa. 3. Vepitiage Saminona, Godawana Gedara,
Kambassawala, Beliaththa. Respondents AND 1. Jasing Bastian Arachchige Udeni
Mangalika Nandna Srasi, Hakmana Road, Kambassawala, Beliaththa. 3. Vepitiage
Saminona, Godawana Gedara, Kambassaw... read
more
GALLELAW BLOGGER9 months ago
Nimal
Samarasinghe Vs Repiyal Fernando COURT OF APPEAL Court of Appeal case No. CA
(PHC) 34/2006 High Court of Negombo case No. 364/2005 Magistrate Court of
Minuvangoda case No. 55490 1. Nimal Samarasinghe 2. Edirippulige Rosalin
Fernando Both of Sayakkaramulla, Dunagaha. 1 st Respondents - Petitioners -
Appellants 1. T. Repiyal Fernando 2. Anada Jayantha 3. T Jagathsiri Salinda 4.
J.S. Piyadasa 5. Samarasuriyage Piyasin All of Sayakkaramulla, Dunagaha. Added
Respondent - Petitioners - Appellants Vs. 1. Tanippulige Pathmaseeli 117,
Negombo Road, Marandagahamu... read more
GALLELAW BLOGGER9 months ago
Special jurisdiction of a Primary Court Judge under
Part VII of the P C P Act
KANAGALINGAM
vs JEGATHESWARAN AND ANOTHER Sri Lanka Law Reports 2009 - Volume 1 , Page No -
159 COURT OF APPEAL RANJITH SILVA. J, A W A SALAM. J CA(PHC) 13/2005 PHC
Colombo 96/2002 FEBRUARY 11, 2009 Primary Court Procedure Act - Can a tenant
make a Section 66 application? - Judicature Act No.2 of 1978 - Is the Primary Court
prevented from entertaining a Section 66 application where the parties stand in
the relationship of tenant and landlord? - Agricultural Lands Law 42 of 1973 -
Agrarian Services Act - 58 of 1979 - Urban Development Projects (Special.
Provisions) Act - Sta... read more
GALLELAW BLOGGER9 months ago
In
Kanagalingam v Jegatheswaran and another [(2009) 1 Sri. L. R. 159] this Court
had to consider whether section 32(2) of the Judicature Act read with the
Fourth Schedule prevented a Primary Court from entertaining an application when
the parties stood in the relationship of tenant and landlord. It was pointed
out by counsel for the appellant in that case that item 35 of the Fourth
Schedule referred to any ‘Any action for rent and ejectment and proceeding
under the Rent Law’. The Court in this case very correctly pointed out that it
is the nature of the application made before the P... read more
GALLELAW BLOGGER9 months ago
Section 66 right of restoration
Mohamed
Shareef Nazar Vs Asoka Jayalal Karunanayake CA 74/07 Revision H.C Revision -
Colombo HCRA 132/06 Me 63581/06 (Fort) Mohamed Shareef Nazar, Ascon
Construction and Investments (PVT) Ltd, No:873, Kandy Road, Wedamulla PARTY OF
THE SECOND PART- PETITIONERPETITIONER Vs Asoka Jayalal Karunanayake, yahala
Group, No: 33 Staple Street, Colombo PARTY OF THE FIRST PART- RESPONDENTRESPONDENT.
BEFORE: W L R Silva, J and A W A Salam, J COUNSEL: Faisz Musthapha P.C with
Riad Ameen and Ishara Gunawardana for the Party of the second part
petitioner-petitioner and M A S... read more
GALLELAW BLOGGER9 months ago
Breach of the peace is likely does not mean that the
breach of the peace would ensue for certainty
Breach
of the peace is likely does not mean that the breach of the peace would ensue
for certainty; rather, it means that the breach of the peace is a result such
as might well happen or occur or is sometimes that is, so to speak, on the
cards (vide: Iqubal v. Majedudeen (1993) 3 SLR 213.) Basnayaka M.Herath Banda
Vs Weerasinghe M.Mayurapala CA(PHC) 127/2003 (F) PHC Anuradhapura:.Rev 17/2000
MC Kekirawa No:94214 1. Basnayaka Mudiyanse1age Herath Banda 2. Bernin
Wimalawathi Both of 8/9, Narangaswewa, Dewahuwa. 01st Party Vs. 1. Weerasinghe
Mudiyanselage Mayura... read more
GALLELAW BLOGGER9 months ago
Right of way under Section 69 of the Primary Court
Procedure Act
MAHAGAMAGEDARA
SOMARATHNA VS T. H. MUDIYANSELAGE RAJANAYAKA *HON. A.L. SHIRAN GOONERATNE J.*
*Court of Appeal Case No: CA (PHC) 174/2014* HC Nuwara-Eliya Case No:
Hc/NE/REV/30/2013 MC Walapane Case No: 51352 *In the matter of an appeal under
Article 154 (G) of the Constitution of the Democratic Socialist Republic of Sri
Lanka read with the provisions of the Act No. 19 of 1990* Mahagamagedara
Somarathna, Dampawala, Pannala, Keerthibandarapura.
*Respondent-Petitioner-Appellant-Vs-* Thennakoon Mudiyanselage Rajanayaka,
Dampawala, Pannala, Keerthibandarapura. *Petitioner-Res... read more
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N L D G
UTHIKA DIAS VS HETTIARACHCHIGE DIAS *HON P. PADMAN SURASENA J (P C/A)* *C A
(PHC) APN / 170/ 2017* Provincial High Court of North Western Province
(Kurunegala) Case No. HCR 49 / 2016 Primary Court Kurunegala Case No. 79308 /
66 *In the matter of an application for revision of an order of the Provincial
High Court in the exercise of its revisionary jurisdiction.* 1. H A Prasanji
Thusitha Kumara Dias No. 421, Malkaduwawa, Kurunegala. *RESPONDENT - PETITIONER
– PETITIONER* 2. N L D G Uthika Dias No. 421, Malkaduwawa, Kurunegala.
*INTERVENIENT ... read more
GALLELAW BLOGGER9 months ago
Stare Decisis -- Young vs Bristo Aeroplane Co Ltd
*Young
v Bristol Aeroplane Company Limited ,[1944] 1 KB 718, Court of Appeal* 1944
June 6, 7, 8; July 28. Lord Greene M.R., Scott, MacKinnon, Luxmoore, Goddard
and du Parcq L.JJ. Court of Appeal - Obligation to follow previous decisions.
The Court of Appeal is bound to follow its own decisions and those of courts of
co-ordinate jurisdiction, and the "full" court is in the same
position in this respect as a division of the court consisting of three
members. The only exceptions to this rule are: - (1.) The court is entitled and
bound to decide which of two conflicting decisions of... read more
GALLELAW BLOGGER9 months ago
Judicial precedent-Scope of the principle of stare
decisis.
Judicial
precedent-Scope of the principle of stare decisis. S. PONNIAH, Appellant, and
M. F. SHERIFF (Food and Price Control Inspector), Respondent New Law Reports
Volume 69, Page No 67 View - Volume 69 S. C. 312/66-M. C. Kalmunai, 21,691
Control of Prices Act-Sale of potatoes-Excess price-Accuracy of scales-Evidence
of weighing on the accused's scales only-Sufficiency of such evidence-Quantum
of proof required from the prosecution-Evidence Ordinance, s. 114. The accused
was charged with selling a pound of potatoes at 50 cents a pound when the
controlled price of a pound was 3... read more
GALLELAW BLOGGER9 months ago
Section
66(6) does not require the Magistrate to record his failure to settle the
matter. That section only requires the Magistrate to record "the
settlement", if the attempt is successful. To put it differently, if the
matter is settled, the settlement shall be recorded and order be made accordingly;
and if the matter is not settled, the case can straightaway be fixed for
inquiry. Hence, merely because there is nothing in the journal entries in the
Magistrate's Court case record to show that the Magistrate took an effort to
induce the parties to arrive at a settlement of the disp... read more
GALLELAW BLOGGER9 months ago
Section 66 read with Section 68
*The
disputed land was in the possession of a party 2 years prior to the information
being filed, the Obvious order the magistrate could make. * *G. HUBERT
AMARASIRI GUNASEKARA* *VS.* *G.ANANDA GUNASEKARA* *CA (PHC) 119/2000* PHC.
Balapitiya 237/99 G. Hubert Amarasiri Gunasekara, 15, First Lane, Gandara
Mawatha, Sirimal Uyana, Ratmalana *1st Respondent-Respondent-Appellant Vs* OIC
Police Station, Elpitiya *Complainant-Respondent* G Ananda Gunasekara,
Pahalagoda, Goluwamulla, Ganegoda *2nd Respondent-Petitioner-Respondent*
*Before :* A.W.A. Salam, J. and Sunil R... read more
GALLELAW BLOGGER9 months ago
*ARUMADURA
AMITHA RUWANSIRI DE SILVA** vs **THERESE DILANTHI JAYASURIYA * A long line of authorities
insist that revision is a discretionary remedy and will be exercised only in
exceptional circumstances [Fernando v. Fernando (72 N.L.R. 549), Rustom v.
Hapangama & Co. (1978-79) 2 Sri.LR. 2 Sri.LR. 225, Caderamanpulle v. Ceylon
Paper Sacks Ltd. (Case No. 2) (2001) 3 Sri.LR. 112, Senaratne and Another v.
Wijelatha (2005) 3 Sri.LR. 76]. In an application of this nature, it is
incumbent on the Magistrate to ascertain the identity of the corpus as section
66(1) of the Act becomes a... read more
GALLELAW BLOGGER9 months ago
section 66 - Right of way- quantum of proof
*LAHURUGE
MARY NONA* *VS. ARTHUR MAHENDRA WELIGAMAGE* "Unlike in the case of a
dispute relating to possession of the immovable property, no time frame has
been laid down to the length of time during which the right should have been
enjoyed in relation to the purported entitlement. In resolving such a dispute
the Judge of the Primary Court is expected to determine as to who is entitled
to the right which is the subject mailer of the dispute and make an Order under
Section 69(2)." *HON. A.L. SHIRAN GOONERATNE J.* *Court of Appeal Case
No:CA (PHC) 155/2014*HC Monaragala Revisio... read more
GALLELAW BLOGGER9 months ago
section 66 Revision - when can be it invoked
*A*
party who has an alternative remedy can invoke revisionary jurisdiction of a
Superior Court only upon the establishment of exceptional circumstances. They
are as follows: i) Although the Petitioner has a right of appeal, the
Petitioner has come by way of Revision application and therefore he must aver
exceptional circumstances: ii) The mandatory requirement stating that he has
not previously invoked the jurisdiction of this court has not been averred in
his petition; iii) The Petitioner had failed to mention the grounds of revision
application; *M.M.P.FERNANDO** vs **S.M.PO... read more
GALLELAW BLOGGER9 months ago
Magistrate
preparing the order in haste based on facts unsupported and unjudtifiabe
*ATHUGAL PEDIGE CYRIL SAMARASINGHE AND OTHERS VS IBRAHIM LEBBE MOHOMAD SALEEM *
*HON MAHINDA SAMAYAWARDHENA, J.* *CASE NO: CA/PHC/147/2008* · HC CASE NO: PHC
KEGALLE 2491/REV MC MAWANALLA CASE NO: 90116 · Athugal Pedige Cyril
Samarasinghe and 30 Others All of Bosella, Kalugala. ·
*Respondent-Respondent-AppellantsVs.* · Ibrahim Lebbe Mohomad Saleem, · Ibrahim
Lebbe Marikkar Hussain Bari, · Mohomad Nawas Saleem, · Karuppiah Nawaratnam,
All of Debathgamawa... read more
GALLELAW BLOGGER9 months ago
HON JANAK DE SILVA, J. section 66
*DIAS
DHARMASIRI GINIGE VS. LABUNA HEWAGE SIRIPALA AND OTHERS * *HON JANAK DE SILVA,
J.* *Case No: CA(PHC) 288/2005*H.C. Galle Case No: Rev 399/2004 M.C. Galle Case
No: 18541 *In the matter of an application under Article 154P of the
Constitution of the Democratic Socialist Republic of Sri Lanka read with
provisions of the High Court of the Provinces (Special Provisions) Act No.19 of
1990. * Officer in Charge Police Station, Hikkaduwa. *Plaintiff* *Vs.* 1.
Labuna Hewage Siripala Berethuduwa Road, Gonapinwala *1st Party Respondent* 2.
Dias Dharmasiri Ginige Berethu... read more
GALLELAW BLOGGER9 months ago
*MOHOMED
HANEEFA MOHOMAD IRSHAN **VS. ** DON LAL MICHEL HETTIARACHCHI AND OTHERS * *
HON. MAHINDA SAMAYAWARDHENA, J.* *CA CASE NO: CA (PHC) 214/2014* SABARAGAMUWA
PROVINCIAL HIGH COURT CASE NO: RA83/2012 RATNAPURA ADDL MAGISTRATE'S COURT CASE
NO: 83359 Mohomed Haneefa Mohomad Irshan, Kudugalwatta, Ratnapura. *2nd
Party-Respondent-Appellant*U.M. Anwar Rosa, No.7/3, Godigamuwa, Ratnapura. *3rd
Party-Respondent-Appellant* *VS* Don Lal Michel Hettiarachchi, No.11, Election
Houses, Sri Pada Mawatha, Ratnapura. *1st Party Petitioner-Respondent*
*Before:* K.K. Wickramasinghe, J. ... read more
GALLELAW BLOGGER9 months ago
*HEWAGARUSINGE
SUGATHADASA **VS. **WIJAYAMUNIGE ANULAWATHI * *HON. JANAK DE SILVA J* *Case No.
CA(PHC) 45/2011*High Court of Hambanthota Case No. H.C.R.A. 11/2010 Magistrate
Court of Walasmulla Case No. 10364 1. Hewagarusinge Sugathadasa,
Mahakosgahahena, Rajapuragoda, Walasmulla. 2. Rajapurage Dharmasiri,
Mahakosgahahena, Rajapuragoda, Walasmulla. 3. Rajapurage Kularatne,
Mahakosgahahena, Rajapuragoda, Walasmulla. *Respondents-Petitioners-Appellants*
*Vs.* 1. Wijayamunige Anulawathi, Arachchigaha Koratuwa, Pallekanda,
Walasmulla. 2. Wijayamunige Sisira Senarathne, Mahakos... read more
GALLELAW BLOGGER9 months ago
question of possession of land - section 66
*PAHALA
GAMAGE DHARMASENA** vs **PAHALA GAMAGE ARIYAPALA * *HON. L.T.B. DEHIDENIYA, J*
*Court of Appeal case no. CA/PHC/144/2008* H.C. Galle case no. HC/Rev 1636/08
M.C. Udugama case no. 31404 Pahala Gamage Dharmasena Near Susila Hardware,
Halwitigala, Malgalla, Thalangalla. *Complainant Petitioner AppellantVs.*
Pahala Gamage Ariyapala, "Banagala Kade" Halwitigala, Malgalla,
Thalangalla. *Respondent Respondent Respondent.* *Before :* P.R.Walgama J.
L.T.B. Dehideniya J. *Counsel :* Parties were absent and unrepresented.
*Decided on :* 10.01.2016 *L.T.B. D... read more
GALLELAW BLOGGER9 months ago
right under section 69 of the P C P Act
*LAHURUGE
MARY NONA* *VS.* * ARTHUR MAHENDRA WELIGAMAGE* *HON. A.L. SHIRAN GOONERATNE J.*
*Court of Appeal Case No:CA (PHC) 155/2014*HC Monaragala Revision Application
No:2712013 MC Wellawaya Case No: 76577/2013 Lahuruge Mary Nona of Thanamalwila,
Uva Kuda Oya. *2nd Party Petitioner-Petitioner* Vs. Arthur Mahendra Weligamage
Thanamalwila, Uva Kuda Oya. *1st Party Respondent-Respondent* *Before :*A.L.
Shiran Gooneratne J. & Mahinda Samayawardhena J. *Counsel :* Ranjan
Suwandaratne, PC for the Petitioner. I.A.J. Udawatta for the Party of the 1st
... read more
GALLELAW BLOGGER9 months ago
*FRANCIS
CHAMINDA PERERA* *VS* *OFFICER IN CHARGE, POLICE STATION, NEGOMBO* *HON MAHINDA
SAMAYAWARDHENA, J.* *CA CASE NO: CA (PHC) 171/2012* HIGH COURT OF NEGOMBO CASE
NO: HC/RA/106/10 MC NEGOMBO CASE NO: A 24323 Francis Chaminda Perera, No.
264/2, Asokarama Road, Aadiambalama. *Substituted 2nd
PartyRespondent-Petitioner-AppellantVs.* 1. Officer in Charge, MO Branch,
Police Station, Negombo. *Complainant-Respondent-Respondent-Respondent* 2.
Kurugamage Shelton Fernando, *1st Party Respondent-Respondent-Respondent* 3.
Hon. Attorney General, *Respondent-Respondent-Responden... read more
GALLELAW BLOGGER9 months ago
HON. P. PADMAN SURASENA, J (P/CA) section 66
proceedings
*KALINGA
EDWIN GUNATHILAKA* *VS.* *HON ATTORNEY GENERAL* *HON. P. PADMAN SURASENA, J
(P/CA)* *C A (PHC) 170 / 2010*Provincial High Court of Western Province
(Kalutara) Revision Application No. 06 / 2010 Primary Court of Matugama Case
No. 15/2009 *In the matter of an appeal against judgment of Provincial High
Court exercising its revisionary jurisdiction. * Kalinga Edwin Gunathilaka,
Keeranthidiya, Nauththuduwa. *2nd PARTY - PETITIONER - APPELLANT* Vs 1. Officer
in charge, Police Station, Matugama. *COMPLAINANT - RESPONDENT - RESPONDENT* 2.
Mayanthuge Sunethra Jayasiri, Ke... read more
GALLELAW BLOGGER9 months ago
HON. P. PADMAN SURASENA, J (P/CA) section 66
*KALINGA
EDWIN GUNATHILAKA* *VS.* *HON ATTORNEY GENERAL* *HON. P. PADMAN SURASENA, J
(P/CA)* *C A (PHC) 170 / 2010*Provincial High Court of Western Province
(Kalutara) Revision Application No. 06 / 2010 Primary Court of Matugama Case
No. 15/2009 *In the matter of an appeal against judgment of Provincial High
Court exercising its revisionary jurisdiction. * Kalinga Edwin Gunathilaka,
Keeranthidiya, Nauththuduwa. *2nd PARTY - PETITIONER - APPELLANT* Vs 1. Officer
in charge, Police Station, Matugama. *COMPLAINANT - RESPONDENT - RESPONDENT* 2.
Mayanthuge Sunethra Jayasiri, Ke... read more
GALLELAW BLOGGER9 months ago
HON MAHINDA SAMAYAWARDHENA, J section 66
*JAYAWICKRAMA
BINDUSARA vs UDAHALIYANNALAGE ARIYASENA * *HON MAHINDA SAMAYAWARDHENA, J.*
*CASE NO: CA/PHC/78/2015* HC KANDY CASE NO: REV/30/2012 MC MATALE CASE NO:
95542/66 1. Jayawickrama Bindusara, 2. Udahaliyannalage Somawathie (deceased),
Muwandeniya Bungalow, Muwandeniya. *1st
Party-Respondent-Petitioner-AppellantVs.* Udahaliyannalage Ariyasena, No. 21,
Pubudu Mawatha, Elwala, Ukuwela. *2nd Party-Respondent- Respondent-Respondent*
*Before :* A.L. Shiran Gooneratne, J. Mahinda Samayawardhena, J. *Counsel :
*Ashan Nanayakkara for the Appellant. ... read more
GALLELAW BLOGGER9 months ago
*IN THE
SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA* In the matter
of an application for Leave to Appeal under Section 5C of the High Court of the
Provinces (Special Provisions) At No. 54 of 2006. Nandasena Wickramasekara
Rajapaksha, No. 51, New Town, Kataragama. SC APPEAL No. 125/2010 DEFENDANT -
APPELLANT - APPELLANT SC (HC) CALA No. 350/2009 SP/HCCA/MA/198/2003F *-Vs- * DC
Tissamaharama Case No. L.26/1997 1. Wanniarachchi Kankanamalage Temawathie, 2.
Wann... read more
GALLELAW BLOGGER9 months ago
HON A.L. SHIRAN GOONERATNE J. section 66
*RAMALINGAM
SATGUNARAJAH* *VS* *LASITHA WASUNDARA DE ZOYSA GUNARATHNE AND OTHERS * *HON
A.L. SHIRAN GOONERATNE J.* *Court of Appeal Case No: CA(PHC) 98/2014* HC
Colombo Revision Application No: HCRA 79/2012 MC Colombo Case No: 1988/06/12
Ramalingam Satgunarajah, No. 78, College Street, Kotahena Colombo 13. *1st Party-Petitioner*
Vs 1. Lasitha Wasundara De Zoysa Gunarathne. No. 58/42 -F1, Ananda Balika
Mawatha. Pitakotte. 2. Mangala Udawatte, Nation Lanka Finance, No. 42.
Premasiri Khemadasa Mawatha, Colombo 07. 3. Devika Selvaratnam, No. 9,
Penruddocke Road, Buckland... read more
GALLELAW BLOGGER9 months ago
Janak De Silva J. section 66 - proof of facts
*RAMEEZ
UDDEEN MAHAMOOR* *VS* *MUDANNAYAKAGE CHRISTIE –* *HON JANAK DE SILVA, J.* *Case
No. CA (PHC) APN No:112/2016*PHC Puttalam Case No: HCR 07/2015 MC Puttalam Case
No:10097/2014 *In the matter of an application in revision under and in terms
of Article 138 of the Constitution.* Rameez Uddeen Mahamoor, No.5,6th
Lane,Nawala, Rajagiriya. *1st Party-Petitioner-Petitioner* *Vs.* Mudannayakage
Christie, 19th Mile Post, Saliyawewa Junction, Saliyawewa. *2nd
Party-Respondent-Respondent* *Before:* K.K. Wickremasinghe J. Janak De Silva J.
*Counsel: *D.A.P. Weerarat... read more
GALLELAW BLOGGER9 months ago
*S.GUNASIRI
DE SILVA VS. THENUWARA BADALGE* *Court of Appeal No. CA(PHC) 156/2012* High
Court of Galle Revision Application No. 44/2012 Magistrate Court of Galle No.
87286 S.Gunasiri De Silva Mahagedara, Bopegoda, Rathgama. *2nd
Respondent-Petitioner-Appellant* *Vs* 01. Thenuwara Badalge Swarnawathie
Anghandiya, Bopegoda, Rathgama. 02.G.H.Magilin Nona, Thotupola Watte, Bopegoda,Rathgama.
03.Harumadura Rukmani de Silva, Annasi Koratuwa, Thotupola Watte, Bopegoda,
Rathgama. 04.Koralege Sumithra Perera, Thotupola Watte, Bopegoda, Rathgama. 05.
The Officer in Charge, Police Statio... read more
GALLELAW BLOGGER9 months ago
L.T.B. Dehideniya J. section 66
*MOHOMAD
HANIFFA SUBAYAR* *VS.* *HAMEEDU ABDUL MUHUTHAR * *HON. L.T.B. DEHIDENIYA, J*
*Court of Appeal case no. CA/PHC/168/97* H.C. Chilaw case No. H.C.A/50/97 M.C.
Puttalam case No. 9729/96/P *In the matter of an appeal in terms of Article 138
read together with Article 154P of the Constitution of the Democratic Socialist
Republic of Sri Lanka* 1. Hameedu Abdul Muhuthar, Principal, Muslim Vidyalaya,
Kadayamotte, Madurankuliya. 2. Seinul Abdeen Abddul Hassan, Marikkar Chanal,
Madurankuliya. 3. Sahul Hameed Mohamed Rafick, Kadiyamottal, Madurankuliya.
*Party of the Firs... read more
GALLELAW BLOGGER9 months ago
HON. W. M. M. MALINIE GUNARATNE J section 66
DILSHAN
NERIOUS ROGER FERNANDO VS. DONE LAKSHMI RANASINGHE *HON. W. M. M. MALINIE
GUNARATNE J* *CA (PHC) APN 47/2015*High Court Colombo Revision Application No.
HCRA 122/2014 M. C. Case No.3787/4/2014 *In the matter of an application for
revision under and in terms of Article 138 of the Constitution read with the
High Court of the Provinces (Special Provisions) Act No.19 of 1990.* Officer in
Charge, Police Station, Welikada. *ComplainantVS* 01. Done Lakshmi Ranasinghe,
No. 615/06A, Rajagiriya Garden, Nawala Road, Rajagiriya. *1st Party Respondent*
02. Dilshan Nerious R... read more
GALLELAW BLOGGER9 months ago
HON JANAK DE SILVA, J. Section 66
NOOR
SUVEIRA VS JULIAN ROBINSON *HON JANAK DE SILVA, J.* *Case No. CA (PHC) APN
79/2017* H.C. Colombo Case No. HCRA/181/2016 M.C. Colombo Case No. 2781/06/2012
*In the matter of an application for Revision under and in terms of Article 138
of the Constitution of the Democratic Socialist Republic of Sri Lanka.* 01.
Noor Suveira 02. A.S.M.Azwar Both of them are at No.157/39, Mahawatte Road,
Colombo 14. *Respondents-Petitioners-PetitionersVs.* 01. Julian Pushpadevi
(deceased) 02. Julian Robinson 03. Duleeka Nishanthi All are at, No.151/38,
Mahawatte Road Colombo 14. *Pet... read more
GALLELAW BLOGGER9 months ago
HON JANAK DE SILVA,J. section 66
H.
GAMLATHGE ANURA RANASINGHE VS O.I.C GAMPAHA *HON JANAK DE SILVA,J.* *Case No:
CA(PHC) 74/2014*H.C. Gampaha Case No: 32/2011/REV M.C. Gampaha Case No:
78555/PCA *In the matter of a Revisionary Application under and in terms of
Section 154P (3) (b) of the Constitution of the Democratic Socialist Republic
of Sri Lanka read together with the Provisions of the High Court of the
Provinces (Special Provisions) Act No. 19 of 1990* 1. Hakurugala Gamlathge
Anura Ranasinghe 2. Jamburegoda Athula Gamage Both of No.160, Yakkala Road,
Gampaha. *First Party Petitioners* *Vs.* Office... read more
GALLELAW BLOGGER9 months ago
B. W.
SENARATH TUSANTHA VS A. D.NILUKA SEUWANDI *HON JANAK DE SILVA J.* *Case
No.CA(PHC) 152/2012*Kegalle High Court Case No. 3962/Rev Magistrate Court
Ruwanwella Case No. 22060 Batahena Wedaralalage Senarath Tusantha
Dodawatta,Nuriya *Plaintiff-Respondent-Appellant* *Vs.* Owitagedara
Gamaralalage Senarathne, *Respondent-Petitioner-Respondent* 01. Anthoni Durage
Niluka Seuwandi and others *1A,1B,1C,1D Substituted RespondentPetitioner-Respondents*
*Before: *K.K. Wickremasinghe J. Janak De Silva J. *Counsel: *Sunil Abeyratne
with Thashira Gunatilake for P... read more
GALLELAW BLOGGER9 months ago
ALUTHGAMAGE
PIYASEELI VS ALBERT WANIGAPURA *HON MAHINDA SAMAYAWARDHENA, J.* *CA CASE NO: CA
(PHC) 193/2013* HC TANGALLE CASE NO: 1/2013/REV MC WALASMULLA CASE NO: 23621
Aluthgamage Piyaseeli, 'Kellegedara", Mulgirigala, Weeraketiya.
Wanigasingha Arachchige Pradeep Rohana, 'Lakshila', Puhulhena Road,
Mulgirigala. *2nd and 3rdRespondents-Petitioners-AppellantsVs.* Albert
Wanigapura, Beheth Salawa, Kiwulara, Ihala Beligalla, Beliatta. And 11 Others
*Respondents-Respondents- Respondents* *Before :* K.K. Wickramasinghe, J.
Mahinda Samayawardhena, J. *Counse... read more
GALLELAW BLOGGER9 months ago
Hon P Padna Surasena J section 66
K. R.
JAGATH W. KUMARA VS. A.J.L.MANGALARATHNA *HON. P. PADMAN SURASENA, J* *C A
(PHC) / 151 / 2011* High Court of Embilipitiya Case No. HCE RA 22 / 2010
Magistrate's Court Embilipitiya Case No. 33022 / 2010 *In the matter of an
Appeal against judgment of Provincial High Court exercising its revisionary
jurisdiction.* Karunamunige Rohana Jagath Wasantha Kumara, Keselwaththa,
Buluthota. *2ND PARTY - RESPONDENT - APPELLANTVs* 1. Aparekke Jayasundera
Mudiyanselage Lankasiri Mangalarathna, Egberth Estate, Suriyakanda. *1ST PARTY
RESPONDENT -PETITIONER - RESPONDENT* 2. Office... read more
GALLELAW BLOGGER9 months ago
HON MAHINDA SAMAYAWARDHENA, J. section 66
FATHIMA
IYSHA VS OIC, POLICE STATION, BIYAGAMA *HON MAHINDA SAMAYAWARDHENA, J.* *CA
CASE NO: CA (PHC) 77/2013* HC NEGOMBO CASE NO: WP/PHC/GPH APL NO: 3/11 PRIMARY
COURT GAMPAHA CASE NO: 66942/PCA Fathima Iysha, No. 359/B, Walgama, Malwana.
*2nd Party Respondent-Petitioner-Appellant Vs.* 1. The Officer in Charge,
Police Station, Biyagama. *Complainant-Respondent-Respondent-Respondent* 2.
Mohomad Sarook Mohomad Nazli, No. 532/5, Walgama, Malwana. *1st Party
Respondent-Respondent-Respondent* *Before :* K.K. Wickramasinghe, J. Mahinda
Samayawardhena, J. *Counsel : ... read more
GALLELAW BLOGGER9 months ago
HON JANAK DE SILVA, J section 66
M.
JAYASINGHE VS S.M.LALITH G. SENANAYAKE *HON JANAK DE SILVA, J.* *Case No:
CA(PHC) 30/2012* P.H.C. Galle Case No:4104/2012 M.C. Ruwanwella Case No:88586
(66) S.M.Lalith Gunaseeli Senanayake Thalagahabate, Kithulgala. *PetitionerVs.*
01. Attanayake Mudiyanselage Jayasinghe Kirkohuthenna, Kithulagala. 02.
Hettikandage Kumarasinghe, Embulpussa, Kithulgala. 03. Emage Jayathilake
Kendahena, Kithulgala. 04. Attanayake Mudiyanselage Janaka Kumara Attanayake
Batahenekanda, Kithulagala. 05. Gadjasinghe Aarachchilage Subasinghe Gonnana,
Kithulgala. 06. Attanayake Mudisyanselage S... read more
GALLELAW BLOGGER9 months ago
HON. H.C.J. MADAWALA, J section 66
VITHILINGAM
RAJA RAJESWARI VS K. SOUNDARAJAN *HON. H.C.J. MADAWALA, J * *CA(PHC)APN
23/16*Primary Court Case No. Gampola(Helboda) 24799 HC Kandy case No-HC RA
49/2010 *In the matter of an application for Revision in terms of Article 138
and 154 (P) of the Constitution of the Democratic Socialist Republic of Sri
Lanka read with Provisions of the High Court of the Province (Special
Provisions) Act No. 19 of 1990.* Officer in Charge, Police Station, Kothmale.
*Complainant* VS 01. K. Soundarajan,No.263, Sea Street, Colombo 11. 02. W.
Dayalan 03. S. Pushparasa (S. Pushparaja... read more
GALLELAW BLOGGER9 months ago
HON. L. T. B. DEHIDENIYA, J section 66
RANJITH
HEWAWITHARANA VS. W. P. RUKSHAN ANTHONY PERERA *HON. L. T. B. DEHIDENIYA, J* *Court
of Appeal case no. CA/PHC/09/2005*H.C. Negombo case no. 220/2004 M.C. Wattala
case no. 90478 Ranjith Hewawitharana, No.253, Weralla Watta, Yakkala. 2nd
Respondent Respondent Appellant Ronald Ashoka Hewawitharana, No.253, Weralla
Watta, Yakkala. *Added Respondent Respondent Appellant* *Vs.* Warnakula
Patabendige Rukshan Anthony Perera, P.O.Box No.2, Dikovita, Hendala, Wattala.
*1st Respondent Petitioner Respondent.* Officer in Charge, Police Station,
Wattala. *Informant Respondent ... read more
GALLELAW BLOGGER9 months ago
HON MAHINDA SAMAYAWARDHENA, J section 66
MOHAMMED
MUNIR VS A ASISH MOHAMMADU MUBHARATH *HON MAHINDA SAMAYAWARDHENA, J* *CA CASE
NO: CA (PHC) 138/2011* HC HAMBANTOTA CASE NO: HC/RA/18/2010 MC WALASMULLA CASE
NO: 11248 (66) Mohammed Munir, In front of Udayagiri Hardware, Walasmulla.
*1stRespondent-petitioner-AppellantVs.* Abdul Asish Mohammadu Mubharath, No.
108, Middeniya Road, Walasmulla *Petitioner-1stRespondent-RespondentAnd Another
Respondents* *Before :* K.K. Wickramasinghe, J. Mahinda Samayawardhena, J.
*Counsel : *Razik Zarook, P.C., with Rohana Deashapriya for the 1st
Respondent-Petit... read more
GALLELAW BLOGGER9 months ago
HON. H. C. J. MADAWALA, J section 66
P. W.
WIMALASEKARA VS. D. A. UBAYASENA (substitution) *HON. H. C. J. MADAWALA, J* *CA
(PHC) No.111/2006*HCR(RA)26/2003 MC Rathnapura 14575 *In the matter of an
appeal under and in terms Article 154(g)(6) and 136 of the Constitution of the
Democratic Socialist Republic of Sri Lanka.* 1. Pinwatththa Wedaralalage
Wimalasekara Weragama, Udaniriella. *1st Respondent-petitioner-AppellantVs*
Damme Arachchilage Ubayasena Welgampola watta, Weragama, Udaniriella.
*Petitioner-Respondent-Respondent* 2. M.U.Nissa Paragahahena Udaniriella. *2nd
Respondent-Respondent-Respondent* 1.... read more
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HON. P. PADMAN SURASENA, J section 66
N. W.
KARUNARATHNE VS. HEMASIRI JAYAWARDHANE *HON. P. PADMAN SURASENA, J* *C A (PHC)
/ 49 / 2006* Provincial High Court of Southern Province (Galle) Case No. HC
(Rev) 372 / 2004 Magistrate's Court Udugama Case No. 94879 *In the matter of an
Appeal against an order of the Provincial High Court in the exercise of its
revisionary jurisdiction.* Nishshanka Wickramanayake, Karunarathne,
Ampagodawatta, Hiniduma. *COMPLAINANT - RESPONDENT - APPELLANTVs* Hemasiri
Jayawardhane, No. 360, Kanaththegoda, Yatalamatta. *RESPONDENT - PETITIONER
-RESPONDENT* *Before :* K K Wickremasinghe J... read more
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HON MAHINDA SAMAYAWARDHENA, J. section 66
N. K.
M. P. KONEGEDARAWATTA VS R. N.ANAYAKKARA *HON MAHINDA SAMAYAWARDHENA, J.* *CA
Case No: CA (PHC) 34/2007* Southern (PHC) Galle Case No: HC/Rev/423/2004 Galle
MC Case No. 76767 1. Nanayakkara Keppetiduwage Maya Priyanthi Konegedarawatta,
Andugoda, Dikkumbura. 2. K.G. Sumanawathie Konegedarawatta, Andugoda,
Dikkumbura. *1st and 3rdRespondent-Appellants* *Vs.* 1. Ranjith Nanayakkara,
Uswatta,Andugoda, Dikkumbura. *2nd* *Respondent-Respondent* *Before :* K.K.
Wickramasinghe, J. Mahinda Samayawardhena, J. *Counsel : *Manohara de Silva,
P.C., for the App... read more
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HON JANAK DE SILVA, J section 66
M.A.AHAMED
MOHIDEEN VS. R.D.SUDATH ROHITHA VISHWAKULA *HON JANAK DE SILVA, J.* *Case No.CA
(PHC) 166/2012* H.C. Avissawella Case No. HCA 17/2012 (Rev) M.C.Avissawella
Case No.47993/12 Mohemed Abdulla Ahamed Mohideen 124, High Level Road,
Pahathagama,Hanwella. *1st Party Respondent-Petitioner-Appellant* *Vs.*
Ranminipura Dewage Sudath Rohitha Vishwakula D 42/1, Kumburadeniya, Danowita.
*2nd Party Respondent-RespondentRespondent* Hettiarachchige Shirley Perera 105,
Barnes Place, Colombo 07 *Intervenient-Respondent-RespondentRespondent* The
Han. Attorney General, Attorney... read more
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HON. P. R. WALGAMA, J section 66
*ABDUL
LATHIF MOHAMED ALI VS.* *O. I. C, MANNAR **police* *HON. P. R. WALGAMA, J*
*C.A. ApplicationNo.CA(PHC) 116/2010*Revision Application No. HCV/REV/207/10
(High Court Vavuniya) Primary Court Mannar No. 4073 O. I. C. Mannar Police
Station, Mannar. *ComplainantVs* 1. Abdul Careem Shabdeen Tharapuram, Mannar.
*Party of the first part* 1. Murugesu Kathiragamanathan Grand Bazar, Mannar. 2.
Kappalar Pitchai Maharoof Puthukudieruppu, Mannar. *Parties of the Second part*
1.Abdul Lathif Mohamed Ali 2.Abdul Lathif Abdul Jabaruth 3. Sulaiman Assan
Naina 4.Sulaiman Ilmude... read more
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HON L.T.B. DEHIDENIYA, J section 66
R.D.KUSUMAWATHY
VS. S.M.ASOKA WIJETHUNGA *hon **L.T.B. DEHIDENIYA, J* *Court of Appeal case no.
CA/PHC212/2014* H.C. Kuliyapitiya case no. 41/2013 M.C. Kuliyapitiya case no.
10022/66 1. R.D.Kusumawathy 2. M.A.M.Sugath Chaminda 3. R.D.Jayathilaka
Baragedara, Ethungahakotuwa *Party of the 2nd Part Petitioners AppellantsVs.* 1.
S.M.Asoka Wijethunga Baragedara, Ethungahakotuwa *Party of the 1st Part
Respondent Respondent* 4. D.D.Chandana Sisira Kumara 5. D.D.Chandrasekara
*Party of the 2nd Part Petitioner Respondents* *Before :* H.C.J. Madawala J.
L.T.B. Deh... read more
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HON MAHINDA SAMAYAWARDHENA, J ... section 66
U.
SAMAN KUMARA JAYAWARDENA VS POLWATTE GEDARA GAMINI *HON MAHINDA SAMAYAWARDHENA,
J.* *CA CASE NO: CA (PHC) 7/2014* HC KANDY CASE NO: REV/183/2012 MC KANDY CASE
NO: 47665 1. Udayasiri Saman Kumara Jayawardena, No.19, Kitulgollawatta,
Rangoda, Welamboda. 2. Udeni Siri Kumara Jayawardena, Diwilla, Yatawatta. 3.
Uthpalawanna Chakrawarthi Jayawardena, Diwilla, Yatawatta. *1st, 4th and
5thRespondents Petitioners-AppellantsVs.* 1. Polwatte Gedara Gamini, No.99,
Rangoda, Demanhandiya, *Petitioner-Respondent Respondent* 2. P.G. Wijeratne, 3.
T.G. Dhammika, Both Aswadduma, Rang... read more
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P.
BANDUPALA BANDARA VS. N. LAKSHMAN DE SILVA *HON. ANIL GOONERATHNE, J &
MALINIE GUNARATNE J.* *C.A. 133/2006 (PHC)*(PHC Colombo HCRA - 638/2004) 1.
Panniyage Bandupala Bandara No. 179, Maya Mawatha, Colombo 05. *2ND
PARTY-PETITIONER-APPELLANT* *Vs* 2. Nallahandi Lakshman de Silva No. 83,
Jambugasmulla Road, Nugegoda. *1ST PARTY-RESPONDENT-RESPONDENT* *BEFORE:* Anil
Gooneratne J. & Malinie Gunaratne J. *COUNSEL: *Amila Palliyage with Wajira
Ranasinghe for the Petitioner-Appellant Gaminie Marapana P.C. with Navin
Marapana For the Respond... read more
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HON JANAK DE SILVA, J. ... section 66
RAMEEZ
UDDEEN MAHAMOOR vs LALITH M PERERA *HON JANAK DE SILVA, J.* *Case No. CA (PHC)
APN No:110/2016*PHC Puttalam Case No: HCR 05/2015 MC Puttalam Case
No:10095/2014 *In the matter of an application in revision under and in terms
of Article 138 of the Constitution.* Rameez Uddeen Mahamoor, No.5,6th
Lane,Nawala, Rajagiriya. *1st Party-Petitioner-Petitioner* *Vs.* Lalith
Munasinghe Perera, 18, 3/4 Mile Post, Anuradhapura Road, Ihalapuliyankulama.
*2nd Party-Respondent-Respondent* *Before:* K.K. Wickremasinghe J. Janak De
Silva J. *Counsel: *D.A.P. Weer... read more
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HON. MAHINDA SAMAYAWARDHENA, J. section 66
PUNCHI
PATABENDIGE CHANDRARATNE VS. Do PREMADASA *HON. MAHINDA SAMAYAWARDHENA, J.* *CA
CASE NO: CA (PHC) 5/2014* HIGH COURT TANGALLE CASE NO: 12/2012/REV MAGISTRATE'S
COURT OF TANGALLE CASE NO: 8470 Punchi Patabendige Chandraratne, Godigamuwa,
Tangalle. *Respondent-Petitioner-Appellant* *Vs.* Punchi Patabendige Premadasa,
No. 10B, Godigamuwa, Tangalle. *Petitioner-Respondent-Respondent* *Before :*
K.K. Wickramasinghe, J. Mahinda Samayawardhena, J. *Counsel : *Buddhika Gamage
for the Respondent- Appellant. Shihan Ananda Hewa Dewage for the Peti... read more
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HON. W.M.M. MALINIE GUNARATNE, J section 66
RAMASAMI
MANGALANAYAGI VS. RAMASAMI RAMAKRISHNAN * HON. W.M.M. MALINIE GUNARATNE, J* *
Appeal Court No. 35/2003* Kandy High Court Revision/39/2001 Nuwaraeliya Primary
Court Case No. 26730 1. Ramasami Mangalanayagi, 2. Raju Muthuveeran, Both of
114, Jayalanka Road, Kandapola. *Respondent - Appellants.* Vs. 1. Ramasami
Ramakrishnan, Postwood New Colony, Kandapola. 2. Ramasami Rajgopal, Postwood
New Colony, Kandapola. 3. Ramasami Wijekumar, Postwood Watte, New Colony,
Kandapola. 4. Ramasami Manoharan, Postwood New Colony, Kandapola. 5. Ramasami
Anandan, Bakers... read more
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Section 66 .....HON JANAK DE SILVA, J
RAMEEZ
UDDEEN MAHAMOOR Vs SEBASTAIN MICHAEL CROOS *HON JANAK DE SILVA, J.* *Case No.
CA (PHC) APN No:109/2016*PHC Puttalam Case No: HCR 04/2015 MC Puttalam Case
No:10094/2014 *In the matter of an application in revision under and in terms
of Article 138 of the Constitution.* Rameez Uddeen Mahamoor, No.5,6th Lane,
Nawala, Rajagiriya. *1st Party-Petitioner-Petitioner* *Vs.* Santiago Croos
Sebastain Michael Croos, 19th Mile Post, Palugassegama, Saliyawewa Junction,
Saliyawewa. *2nd Party-Respondent-Respondent* *Before: *K.K. Wickremasinghe J.
Janak De Silva J ... read more
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section 66 ....HON JANAK DE SILVA, J
UDDEEN
MAHAMOOR VS W M ROHANA KEERTHI *HON JANAK DE SILVA, J.* *Case No. CA (PHC} APN
No:111/2016*PHC Puttalam Case No: HCR 06/2015 MC Puttalam Case No:10096/2014
*In the matter of an application in revision under and in terms of Article 138
of the Constitution* Rameez Uddeen Mahamoor, No.5,6th Lane,Nawala, Rajagiriya.
*1st Party-Petitioner-Petitioner* *Vs.* Weerasinghe Mudiyansellage Rohana
Keerthi, 19th Mile Post, Anuradhapura Road, Ihalapuliyankulama. *2nd
Party-Respondent-Respondent * *Before*: K.K. Wickremasinghe J. Janak De Silva
J. *Counsel: *D.A.... read more
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section 66 ........HON. M. M. A. GAFFOOR, J
SOMAPALA
GAMAGE VS. A. RANJANI KUMARANAYAKE *HON. M. M. A. GAFFOOR, J* *C. A No.
1261/00(F)*D. C. Embilipitiya No.4758/L A. Ranjani Kumaranayake Land No. 555,
Kiriebbenara Embilipitiya *PlaintiffVs* Somapala Gamage Land No.36, Bogaha
Handiya Kiriebbanara *DefendantAND NOW BETWEEN* Somapala Gamage Land No.36,
Bogaha Handiya Kiriebbanara *Defendant-AppellantVs* A. Ranjani Kumaranayake
Land No. 555, Kiriebbenara Embilipitiya *Plaintiff-Respondent* *BEFORE :*
Deepali Wijesundera J., M. M. A. Gaffoor, J., *COUNSEL : *Thushari Hirimutugala
with H. Wijera... read more
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Section 66 HON. P. PADMAN SURASENA, J
J.
BANDULASENA VS. G. K. C. KUSHANTHA *HON. P. PADMAN SURASENA, J* *C A (PHC) /147
/ 2009*Provincial High Court of Southern Province (Galle) Case No. Rev 614/2007
Magistrate's Court Galle Case No. 80064 *In the matter of an Appeal against
judgment of Provincial High Court exercising its revisionary jurisdiction.* 1.
Jayasekarage Bandulasena, No. 137, Beligaha Handiya, Galle. 2. Jayasekarage
Buddhika Lal, 3. Magedara Gamage Kanthi, 4. Jasingpathiranage Nuwan Chamara, 5.
Wijeweera Lauris, *2ND PARTY RESPONDENT -PETITIONER - APPELLANTS* Vs. 1. Galla
Kankanamge Chaminda Kus... read more
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section 66 - HON. W.M.M. MALINIE GUNARATNE J
HEWA
GIGANAGE UPALI NAVARATNE VS. THALATHA MERVYN WEIHENA *HON. W.M.M. MALINIE
GUNARATNE J* *CA Appeal No. 169/2011* HC Application Revision No.
HC/Rev./786/11 MC Case No. 59693 Galle *In the matter of an Appeal against the
order dated 05.09.2011 delivered by the Provincial High Court of the Southern
Province holden at Galle in Revision Application No.HC/Rev./786/11* The Officer
in Charge, Police Station, Hikkaduwa. *Informant* VS. 1. Hewa Giganage Upali
Navaratne, Leenawatte, Narigama, Hikkaduwa. *First Party* 2. Thalatha Mervyn
Weihena, "Sisira" Narigama, Hikkaduwa. *S... read more
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Section 66 ......P.PADMAN SURASENA ,J (P/CA)
ASITHA
P GAMAGE VS. KONADENIYE G H MAHATHTHAYA *P.PADMAN SURASENA ,J (P/CA)* *C A
(PHC) APN / 71 / 2017*Provincial High Court of Central Province (Kandy) Case
No. HC Rev 30 / 2015 Primary Court Kandy Case No. 77849/14 *In the matter of an
application for revision of an order of the Provincial High Court in the
exercise of its revisionary jurisdiction. * 1. Asitha Premajith Gamage, No.3,
Menik Kumbura Lane, Katugastota. *RESPONDENT - PETITIONER-PETITIONER* *Vs*
Konadeniye Gedera Heen Mahaththaya,No. 18, Kaluwana, Ambatenna. *PETITIONER -
RESPONDENT - RESPONDENT* *Before... read more
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W.W.PALIS
VS . SUBRAMANIUM RANJITH KUMAR *HON JANAK DE SILVA, J.* *Case No: CA (PHC)
182/2006*P.H.C. Ratnapura Case No. Rev. 01/03 W.W.Palis Rassagala. Balangoda
*1st Party Respondent-Respondent-Appellant* *Vs.* 01.Subramanium Ranjith KUMAR
02.Subramanium Thileinadan 03. Shamugam Subramanium All of:
No.54/15,Sadungama,Thumbagoda, Balangoda *2nd Party
Respondents-Petitioner-Respondents* *Before:* K.K. Wickremasinghe J. Janak De
Silva J. *Counsel: *Hirosha Munasinghe for 1st Party
Respondent-Respondent-Appellant Asoka Fernando for 2nd Party Resp... read more
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HON. P.PADMAN SURASENA , J (P/CA) section 66
*NUHUMAN*
*MOHOMED ANIZ* *VS.** OIC, Mawanella POLICE* *HON. P.PADMAN SURASENA , J
(P/CA)* *C A (PHC) 248 / 2006*Provincial High Court of Sabaragamuwa Province
(Kegalle) Case No. 2101/Rev Primary Court Mawanella Case No. 84276 *In the
matter of an appeal against an order of the Provincial High Court in the
exercise of its revisionary jurisdiction. * Nuhuman Mohomed Aniz, 750, Kandy
Road, Hingula. *2ND PARTY - PETITIONERAPPELLANT* *Vs* 1. Officer in Charge,
Police Station, Mawanella. *COMPLANANT - RESPONDENT - RESPONDENT* 2. Mohomed
Hanifa Sahabdeen 816, Kandy Road, Hi... read more
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HON P. PADMAN SURASENA J (P/CA) section 66
P. DHARMADASA
VS W. A WILLIE *HON P. PADMAN SURASENA J (P/CA)* *C A (PHC) / 275 /
2003*Provincial High Court of Southern Province (Hambantota) Case No. HCA (Rev)
103 / 2002 Primary Court Tangalle Case No. 66897 *In the matter of an appeal
against an order of the Provincial High Court in the exercise of its
revisionary jurisdiction.* 1. Pinchahevage Dharmadasa, Nidahasgama East, Ranna.
2. Mirissalankage Bandula, Kahandava East, Ranna. 3. Hewa Angappulige
Dayananda, Nidahasgama West, Ranna. 4. Kirindagoda Gamage Jayalal, Nidahasgama
West, Kahandawa, Ranna. 5. Mirissalankage ... read more
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HON. L. T. B. DEHIDENIYA, J Section 66
CHANDRS
GUNASEKARA VS. MADDUMA BANDARA *HON. L. T. B. DEHIDENIYA, J* *C.A. Application
No.1136/98(F)*D.C. Kandy Case No. 17852/L Chandrs Gunasekara, No.D 7, Aruppala
Flats, Kandy. *Defendant AppellantVs.* Madduma Bandara Dodanwela, No. 252, Sir
Kuda Rathwatta Mawatha, Dodanwela, Kandy. *Plaintiff Respondent.* Sujeewa
Dodanwela, No.248, Sir Kuda Rathwatta Mawatha, Dodanwela, Kandy *Substituted
Plaintiff Respondent* *Before : *P. R. Walgama J. * :* L. T. B. Dehideniya J.
*Counsel : *A. A. de Silva PC with Ajith Zoysa for the Defendant Appellant. *
... read more
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section 66 HON. P. PADMAN SURASENA, J (P/CA)
J. G.
B. RATNASIRI JAYAWEERA VS. G. SISIRA KARUNATHILAKE *HON. P. PADMAN SURASENA, J
(P/CA)* * C A (PHC) / 14/2015*Provincial High Court of Sabaragamuwa Province
(Ratnapura) Case No. HC/RA/17/2014 Primary Court of Ratnapura Case No. 92336
*In the matter of an appeal against judgment of Provincial High Court
exercising its revisionary jurisdiction.* Jayaweera Gamathiralalage Brahmana
Watte Ratnasiri Jayaweera, Marapana South, Marapana. *1ST PARTY - PETITIONER
APPELLANT* *Vs* 1. Gamakonnage Sisira Karunathilake, Gurugewatta, Mawudella,
Dela. *2ND PARTY - RESPONDE... read more
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section 66 - HON A.H.M.D. NAWAZ, J.
S
SRISKANDARAJAH KURUKKAL VS RAMALINGHAM NADARAJAH *HON A.H.M.D. NAWAZ, J.* *C.A.
(PRC) Case No 41/2004* H.C Jaffna Case No.107/03(REV) P.C Jaffna Case No.5060
*In the matter of an Appeal from an Order of the High Court made under Article
154P of the Constitution and the Provisions of Act No.19 of 1990.*
Shanmugasundara Kurrukkal Sriskandarajah Kurukkal of Kondavil West, Kondavil.
*2nd Party RESPONDENT-RESPONDENT- APPELLANTVs* 1. Ramalingham Nadarajah 2.
Rajadurai Thayaparan 3. Sundaramoorthy Ganeshalingham 4. Sivapatham Ganeshalingham
5. Kanagalingam Pareswaran 6. V... read more
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section 66 - HON. P. PADMAN SURASENA, J
SANJEWA
NILANTHA ANGAMMANA VS. H. K. NANDAWATHI *HON. P. PADMAN SURASENA, J* *C A (PHC)
APN / 91 / 2017* Provincial High Court of Sabaragamuwa Province (Rathnapura)
Case No. RA 22 / 2015 Primary Court Rathnapura Case No. 99072 (66) *In the
matter of an Application for revision of an order of the Provincial High Court
in the exercise of its revisionary jurisdiction.* 1. R S W I S R R W M R
Sanjeewa Nilantha Angammana, 2. Angammana Wakkumburage Indrani, 3. Jayampathi
Angammana, All of, No. 08, Sri Pada Mawatha, Rathnapura. *1ST PARTY RESPONDENT
PETITIONER - PETITIONERS ... read more
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Justice Dehideniya on Section 66
K.D.
WIJETHUNGA vs S. M. PABILIS SINGHO *HON. L.T.B. DEHIDENIYA, J* *Court of Appeal
case no. CA/PHC/30/2009* H.C. Kegalla case no. RA 2561 M.C. Mawanella case no.
99081 Senarath Mudalige Pabilis Singho 8th Mile Post, Ussapitiya *Petitioner
Vs.* K.D. Wijethunga 8th Mile Post, Ussapitiya *Respondent. AND* K.D.
Wijethunga 8th Mile Post, Ussapitiya *Respondent Petitioner Vs* Senarath
Mudalige Pabilis Singho 8th Mile Post, Ussapitiya *Petitioner Respondent AND
NOW* K.D. Wijethunga 8th Mile Post, Ussapitiya *Respondent Petitioner Appellant
Vs* Senarath Mudalige Pabilis... read more
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section 66 -- Janak De Silve, J
M. A.
A. MOHIDEEN VS. R. DEWAGE SUDATH ROHITHA *HON JANAK DE SILVA, J.* *Case No.CA
(PHC) 166/2012* H.C. Avissawella Case No. HCA 17/2012 (Rev) M.C.Avissawella
Case No.47993/12 Mohemed Abdulla Ahamed Mohideen 124, High Level Road,
Pahathagama,Hanwella. *1st Party Respondent-Petitioner-Appellant* * Vs.*
Ranminipura Dewage Sudath Rohitha Vishwakula D 42/1, Kumburadeniya, Danowita.
*2nd Party Respondent-RespondentRespondent* Hettiarachchige Shirley Perera 105,
Barnes Place, Colombo 07 *Intervenient-Respondent-RespondentRespondent* Officer-in-Charge,
Police Stati... read more
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66 land disputes- Justice Janak De Silva
*VISVANADAN
WIMALANADAN VS* *SELLAIYYA RAJENDRAN * *HON JANAK DE SILVA, J.* *Case No.
CA(PHC) 50/2014* P.H.C. Kandy Case No. 69/2010 (Rev) M.C. Helboda Case No.
19000 01. Visvanadan Wimalanadan, No: 102 Nuwaraeliya Road, Para deka. 02.
Visvanadan Lingeshwary No: 102 Nuwaraeliya Road, Para deka. *2nd and 4th
Respondents-Respondents-AppellantsVs.* 01. Sellaiyya Rajendran, No: 102/1,
Nuwaraeliya Road, Para deka. 02. Ponnaiyya Parameshwari, No: 102/1, Nuwaraeliya
Road, Para deka. *1st and 3rd Respondents-Petitioners-Respondents* *Before :*
K.K. Wickremasinghe J. J... read more
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Section 66 Judgment Justice Janak De Silva
*K**.**
H**. **SIRI BANDULA* * VS* *K**. **H**. **KITHSIRI MAHINATHA* *HON JANAK DE
SILVA, J.* *Case No. CA(PHC)152/2013*PHC Kandy Rev.Application No:52/10
M.C.Kandy Case No:20562 Koraburuwane Hetitiarachchige Siri Bandula, No. 39
Rosawatta, Kandy. *1st Respondent-Petitioner-Appellant* *Vs.* 1. Koraburuwane
Hetitiarachchige Kithsiri Mahinatha, No. 39 Rosawatta, Kandy.
*Petitioner-Respondent-Respondent* 2. Madushika Nilushika Hettiarachchi, 3.
Sashikala Nisansala 4. Ashen Hettiarachchi 4. Neela Arundathie Kandy.
*Respondents-Respondents-Respondents* *Before: *K.K. Wickremasin... read more
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W. L.
SANDHYA KUMARI VS W. L. PUSHPA MANEL, *HON MAHINDA SAMAYAWARDHENA, J.* *CA CASE
NO: CA (PHC) 117/2015* PHC RATNAPURA CASE NO: 33/2010/RA MC RAKWANA CASE NO:
40324 Wellakke Lokuge Sandhya Kumari, Obada Kanda,Rakwana. *2nd
Respondent-Petitioner-AppellantVs.* Wellakke Lokuge Pushpa Manel, Obada Kanda,
Rakwana. *1st Respondent-Respondent-Respondent** and others* *Before :* K.K.
Wickramasinghe, J. Mahinda Samayawardhena, J. *Counsel:* Anuruddha Dharmaratne
for the Appellant. Shantha Jayawardena for the Respondent. *Decided on :
*27.08.2019 *Mahinda Sa... read more
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NIMAL
KARUNARATHNE VS. LEELAWATHI J RATHNAYAKE *HON. P. PADMAN SURASENA, J (P/CA)* *C
A (PHC) 157 / 2003* Provincial High Court of Southern Province (Matara) Case
No. 205/2000 Magistrate's Court Morawaka Case No. 13712 *In the matter of an
appeal against an order of the Provincial High Court in the exercise of its
revisionary jurisdiction.* Nimal Karunarathne, Kammalgodawatte, Galatumba,
Deiyandara. *1st PARTY - 1st RESPONDENT-APPELLANT* *-Vs-* 1. Leelawathi
Jayawardena Rathnayake, Pandithaporuwa, Deiyandara. *2nd PARTY - PETITIONER
-RESPONDENT* 2. Wijethunga Kulappu... read more
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HANDUWALAGE
SUGATHAPALA VS. HANDUWALAGE RUWANI *h**ON. W.M.M. MALINIE GUNARATNE, J* *Court
of Appeal Application No. C A (PHC) 129/2004* Kalawana Circuit Magistrate
Courts 1763 High Court Ratnapura Case No.HCR/RA 07/2004 *In the matter of an
appeal in terms of section 154(P) of the Constitution of the Democratic
Socialist Republic of Sri Lanka. Read with the Article 138 of the constitution
of the Democratic Republic of Sri Lanka* *In the matter of an application in
terms of section 66(1) of the Primary Courts Procedure Act No.44 of 1979.* 1.
Handuwalage Sugathapala 2. K... read
more
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THUPPAHI
PREMADHASA VS. SAMMU PADHMASIRI *HON. H. C. J. MADAWALA, J* *CA (PRC)
172/2006*PRC Case No-477/2005 M. C. Case No. 35004 *In the matter of an
application for exercise of Revisionary powers made in terms of Article 154(no
(6) of the Constitution of the Democratic Socialist Republic of Sri Lanka and
Section 9 of the High Court of the Provisions (Special Provisions) Act No. 19
of 1990.* Officer-In -Charge, Police Station, Rathgama. *ComplainantVs.* 01.
Thuppahi Premadhasa, No. 218, Gammeghdhagoda, Rathgama. 02. Sarnmu Padhmasiri
Garnmeghdhagoda, Rathgama. *Respon... read more
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MICHAEL
HETTIAARACHCHI VS. G. JAYASENA *HON. MAHINDA SAMAYAWARDHENA, J.* *CA CASE NO:
CA (PHC) 201/2013* HC RATNAPURA CASE NO: HC/RA/23/2012 MC RATNAPURA CASE NO:
81640 Don Lal Michael Hettiaarachchi, No.11, Mathiwarana Niwasa, Sri Pada
Mawatha, Ratnapura. *1st Party Petitioner-AppellantVs.* Gamaathiralalage
Jayasena, No. 1/1, Main Street, Ratnapura. Sehan Jerome Siriwardena, No. 85/A,
Ihala Hakamuwa, Ratnapura. *2nd and 3rdParty Respondent-RespondentsAnd Some
Other Respondents* *Before :* K.K. Wickramasinghe, J. Mahinda Samayawardhena,
J. *Counsel : *Cham... read more
GALLELAW BLOGGER9 months ago
LIYANA
A NAMAL VS LIYANA ARACHCHIGE S NAMALI *HON MAHINDA SAMAYAWARDHENA, J.* *CASE
NO: CA/PHC/APN/122/2018* HC COLOMBO CASE NO: HCRA/113/2018 MC NUGEGODA CASE NO:
24055/66 Liyana Arachchige Namal, No.24/1, Bandaranayake Mawatha, Kalubowila,
Dehiwala. *2nd Party-Petitioner-AppellantVs.* Liyana Arachchige Sandya Namali,
No.195/1A, Siyambalape-South, Siyambalape. *1st Party-Respondent-Respondent*
Officer-in-Charge, Police Station, Kohuwala.
*Complainant-Respondent-Respondent* *Before : *A.L. Shiran Gooneratne, J.
Mahinda Samayawardhena, J. *Counsel : *Asela ... read more
GALLELAW BLOGGER9 months ago
K.W.RANJITH
SAMARASINGHE VS. K..WILBERT *C.A.(P.H.C.) 127/99* P.H.C.Galle No.59/98
K.W.Ranjith Samarasinghe. *Respondent-Appellant.* K..Wilbert
*Petitioner-Respondent* *Before : *Sisira de Abrew,J. and K.T.Chitrasiri,J.
*Counsel : *Rohan Sahabandu with S. Collure for the Appellant. Shymal A.
Collure for the Respondent. *Argued and Decided on :* 28.03.2011. *Sisra de
Abrew ,J.* Heard both counsel in support of their respective cases. This is an
appeal to set aside the order of the learned High Court Judge dated 23/11/1999
wherein he set aside the order of th... read more
GALLELAW BLOGGER9 months ago
TON
LIMJIBOY NILGIRIYA VS OIC, SLAVE ISLAND POLICE *HON MAHINDA SAMAYAWARDHENA, J.*
*CA CASE NO: CA (PHC) APN 11/2015* HC COLOMBO CASE NO: HCRA/118/2013 PRIMARY
COURT FORT: 75136/66/2013 Rohinton Limjiboy Nilgiriya, No. 19, Union Place,
Colombo 2. *2nd Party-Respondent-PetitionerVs.* Officer in Charge, Police
Station, Slave Island. *Plaintiff-Respondent-Respondent* Pathiranage Dona
Ajantha Malkanthi, Bodhirajagama, Ingiriya Waththa, Ingiriya. *1st
Party-Respondent-Respondent* Rajapaksha Appuhamilage Don Surendra Wasantha
Perera, No. 674/5, Cinnamon Garden Residencies, ... read more
GALLELAW BLOGGER9 months ago
S.
HAMEED MOHOMED RUWAIS VS. MOHAMEDU THAMBY *HON. P. PADMAN SURASENA, J (P/CA)*
*C A (PHC) / 141 / 2013* Provincial High Court of North Western Province (Puttalam)
Case No. HCR 04 / 2012 Primary Court Puttalam Case No. 54962 / 11 / P Shahul
Hameed Mohomed Ruwais, No 254, Colombo Road, Thillayady, Puttalam. *PARTY OF
THE 1ST PART - PETITIONER - APPELLANT-Vs-* Mohamedu Mohomed Thamby, No 2/6,
Vettukulam Road, Puttalam. *PARTY OF THE 2ND PART - RESPONDENT - RESPONDENT*
*Before :* P. Padman Surasena J (P/CA) K K Wickremasinghe J *Counsel :* Ikram
Mohamed PC with T... read
more
GALLELAW BLOGGER9 months ago
RAJA M
WIJEKOON VS H L SARATHCHANDRAN GUNAWARDENA *HON MAHINDA SAMAYAWARDHENA, J**.*
*CA CASE NO: CA (PHC) 115/2012* HC GALLE CASE NO: HC/760/2010/REV MC UDUGAMA
CASE NO: 46962 Raja Mahesh Wijekoon, Punchi Digana, 12th Mile Post, Opatha.
*Respondent-Respondent-AppellantVs.* Hiniduma Liyanage Sarathchandran
Gunawardena, Sinhaweli Watta, Opatha. *Petitioner-Petitioner-Respondent* Breach
of the peace does not amount to actual physical fight leading to grievous hurt
or murder. If the breach of the peace is likely, although there is no such
threat at present, that is sufficient f... read more
GALLELAW BLOGGER9 months ago
SATH
KUMARA M. RANJITH PRIYANTHA VS. H.Q.I. Galle *HON JANAK DE SILVA, J.* *Case
No.CA (PHC) 78/2006* H.C. Balapitiya Case No. HCR/58/2004 (Rev) M.C. Elpitiya
NO.47993/12 Priyantha Sath Kumara, Assistant Superintendent, Keta ndola State
Pia ntation, Elpitiya. *1st Respondent-Petitioner-Appellant* vs. Headquarters
Inspector of Police, Police Station, Pitigala *Complainant-Respondent-
Respondent* Walawa Durage Piyasiri, Talagaspe, Ketandola. *2nd
Respondent-Respondent-Respondent* The existence of exceptional circumstances is
the process by which the court selects the cases in... read more
GALLELAW BLOGGER9 months ago
when revision availble against a determination under
Section 66 proceedings
LALITH
N KUMARA VS MEEGAMUWAGE JAYANTHA PREMARATHNE *HON. JANAK DE SILVA,J* *Case No:
CA(PHC) 149/2006* P.H.C Panadura Case No: HCRA 53/2003 M.C. Panadura Case No:
23229 1. Susewhewage Piyarathne (Dead) 2. Gunasinghe Gnanwathi (Dead) 2A.
Susewhewage Lalith Nishantha Kumara, 2B. Susewhewage Harini Anoma Chitrangani
Both of No. 167, Ariyawansha Mawatha, Molligoda. *2nd Party
Petitioners-Appellants* 1. Meegamuwage Jayantha Premarathne, 2. Jayawathi
Rupasinghe, Both of No. 167, Ariyawansha Mawatha, Molligoda. *1st Party
Respondents-Respondents* *Before :* K.K. Wickremasing... read more
GALLELAW BLOGGER9 months ago
identity of the land wich is the subject of dispute
under Section 66
JAYASEELI
GUNAWEERA VS. PUWANES GUNAWEERA * HON JANAK DE SILVA, J.* * Case No. CA(PHC) :
147/2014* P.H.C. Matara Case No. 91/2014 (Rev), M.C. Matara Case No. 10482
Jayaseeli Gunaweera, "Rasanjanee Niwasa", Mahena, Kanda Pahala,
Devinuwara.* Petitioner-Petitioner-Appellant* Puwanes Gunaweera,
"Rasanjanee Niwasa" Mahena, Kanda Pahala, Devinuwara.
*Respondent-Respondent-Respondent* *Before:* K.K. Wickremasinghe J. Janak De
Silva J. *Counsel: *Parakrama Agalawatta with H. Walpita and S.Watagala for
Petitioner-Petitioner-Appellant D.P. Liyanage with V. Dissanayak... read more
GALLELAW BLOGGER9 months ago
Burden of proof in Section 66 proceedings
UMAGILIYAGE
RASIKA CHAMINDA VS. LELIO ORSETTI *HON. L. T .B. DEHIDENIYA, J* *Court of
Appeal case no. CA/ PHC/APN58/2015*H. C. Galle case no. 34/13 M. C. Galle case
no. 4216/13 *In the matter of an application for Revision in terms of Article
138 of the Constitution of the Democratic Socialist Republic of Sri Lanka* 1.
Lelio Orsetti, No. 14, Flower Garden Hotel, Welledewala Road, Unawatuna, Galla.
VIA. S. Sandera 32, 55100 Lucca, Italy. (Permanent address) 2.
Kathiragamalingam Sasidaran, No. 14, Welledewala Road, Unawatuna, Galla.
*PetitionersVs.* 1. Umagiliyage Rasika Cha... read more
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EXPEDIT
CRUIS VS WARNAKULASURIYA RAJ FERNANDO *HON. MAHINDA SAMAYAWARDHENA, J.* *CASE
NO: CA/PHC/113/2016* HC NEGOMBO CASE NO: HCRA/271/2013 MC NEGOMBO CASE NO:
74778 1. Expedit Cruis, Paradise Beach Hotel (Pvt) Ltd., Luwis Place,
Kudapaluwa, Negombo. 2. Paradise Beach Hotel (Pvt) Ltd., Luwis Place,
Kudapaluwa, Negombo. *Respondent-Petitioner-AppellantVs.* Warnakulasuriya Raj
Fernando, No. 295, Luwis Place, Kudapaluwa, Negombo.
*Petitioner-Respondent-Respondent* *Before :* A.L. Shiran Gooneratne, J. Mahinda
Samayawardhena, J. *Counsel : *M.U.M. Ali Sabri, ... read more
GALLELAW BLOGGER9 months ago
KOKMADUGE
R FERNANDO VS AMARASINGHE ARACHCHIGE CHATHURANGA HON.A.L. SHIRAN GOONERATNE J.
C.A. Case No: CA/PHC/171/2014 PHC Awissawella Case No: 04/2013 (Rev) MC
Homagama Case No: 21519/B Kokmaduge Ramani Fernando,
(Petitioner-Respondent-Appellant) -Vs- 1. Amarasinghe Arachchige Chathuranga
Niroshan Peiris and others 1st Respondent-Respondent¬ Respondent "Under
Section 66 (1)(a) of the Primary Courts Procedure Act, the formation of the
opinion as to whether a breach of the peace is threatened or likely is left to
the police officer inquiring into the dispute. The police of... read more
GALLELAW BLOGGER9 months ago
GALLELAW BLOGGER9 months ago
concept of breach of peace- waste of time to embark on
breach of peace
An
exhaustive discussion on Section 66 proceedings and a rare guideline to the
legal fraternity.Editor in Charge (Gallelaw Blogger) GAMARALALAGE JAYASINGHE Vs
MAHARA MUDIYANSELAGE LOKU BANDARA *HON MAHINDA SAMAYAWARDHENA, J* *CASE NO: CA/PHC/76/2018*
PHC KEGALLE NO: 4884/2015/REV MC KEGALLE NO: 26699/2014 1. Gamaralalage
Jayasinghe, 2. Danasekara Gedara Kusumalatha Kanthi Menike, 3. Gamaralalage
Yasada Menike, No.115, Aranayake Road, Mawanella.
*Respondent-Petitioner-Appellants* *Vs.* Mahara Mudiyanselage Loku Bandara, No.
862/03, Robert Gunawardena Road, Malabe. *Petition... read more
GALLELAW BLOGGER9 months ago
*1954
Present: Gratiaen J. and Fernando A. J.* *DR. P. J. CHISSEL, Appellant, and R.
C. CHAPMAN,RespondentS. C. 484-D. C. Colombo, 21,987M* If A, in discharge of a
contractual obligation which he owes to B, makes to B a negligent but honest
and non-defamatory statement in relation to a third party C, A is not liable to
C for pecuniary loss sustained by him in consequence of the statement. Cable
and Wireless Ltd. employed the defendant, who was a medical practitioner, to
examine the plaintiff and report whether the plaintiff, who had been accepted
for service as a telegraph... read more
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BAIL-Misuse of magisterial powers
IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. C.A. (P.H.C)
APN 28/2014 H.C. Colombo HCR 17/2014 MC KADUWELA B55620/ (55056) In a case of
cheating the Magistrate remanded the suspect without sufficient reasons and
particularly proof of absconding and interfering with the witnesses. While
remaining on remand the lawyer admitted liability to pay a certain amount of
money to the virtual complainant and undertook to pay the same by way of
several instalments. The Magistrate thereupon directed the suspect to file an
affidavit purportedly under Section ... read more
GALLELAW BLOGGER9 months ago
IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. C.A. (P.H.C)
APN 28/2014 H.C. Colombo HCR 17/2014 MC KADUWELA B55620/ (55056) In a case of
cheating the Magistrate remanded the suspect without sufficient reasons and
particularly proof of absconding and interfering with the witnesses. While
remaining on remand the lawyer admitted liability to pay a certain amount of
money to the virtual complainant and undertook to pay the same by way of
several instalments. The Magistrate thereupon directed the suspect to file an
affidavit purportedly under Section 4... read more
GALLELAW BLOGGER10 months ago
servitude right to light and air - supreme court
SC
Appeal 239/2014 SC/HCCA/LA No.27/2014 Telephix Technologies (Pvt) Ltd, 185,
Peradeniya Road, Kandy *Plaintiff* HCCA No: CP/HCCA/KAN/61/2011(LA) DC Kandy
No: DSP 00334/11 Vs R.M. Jinasena, No.47, Sri Dhamma Siddhi Mawatha, Asgiriya,
Kandy. *Defendant* AND Telephix Technologies (Pvt) Ltd, 185, Peradeniya Road,
Kandy *Plaintiff-Petitioner* Vs R.M. Jinasena, No.47, Sri Dhamma Siddhi
Mawatha, Asgiriya, Kandy. *Defendant-Respondent* NOW BETWEEN R.M. Jinasena,
No.47, Sri Dhamma Siddhi Mawatha, Asgiriya, Kandy.
*Defendant-Respondent-Appellant* Vs Telephix Te... read more
GALLELAW BLOGGER10 months ago
injunction to disposses a person from land
Sri
Lanka Law' Reports (I 990j I Sri R. 378 SIVAPATHALINGAM SIVASUBRAMANIAM SUPREME
COURT. FERNANDO, J.. DHEE RARAT NE, J. AND GOGNEWARDENE, A. J. S. C. APPEAL No.
31/89 - S. C. SPECIAL L. A. No. 75/89 - C. A. APPLICATION No. 376/89 JANUARY
23, 24 AND 25, 1990. Injunction under Article 143 of the Constitution -
Wrongful dispossession under injunction - Suspension of injunction - Inherent
power ol Court to correct its errors resulting in wrongs to a suitor. On the
application of the petitioner-appellant Sivapathalingam, the Court of Appeal on
26.5.88 issued ... read more
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More 34
of 2,897 [image: Print all] [image: In new window] *THOTAGE ARIYASENA* *VS.*
*MADDUMADEVAGE ALEN - * *HON. A.W.A. SALAM, J P/CA* *C.A. Appeal No.
1104/96(F)*D.C. Kalutara Case No.4259/P *Before* :A.W.A. Salam, J (P/CA)
*Counsel * : Asoka Fernando with Ms. A.R.R. Siriwardane for the
Defendant-Appellants 1st, 4th and 16th and 78th Defendant-Appellants. Champaka
Ladduwahetty for the Respondent. *Argued on* : 24.07.2014. *Judgment decided on
*:06.08.2014. *A.W.A. Salam, J. (P/CA)* This is a partition action. The
judgment and the interlocutory decree ... read more
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PARTITION - SOME JUDGMENTS IN A DIGEST
partition
judgments of court of appeal read more
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POSSESSORY
ACTION OF HEENHAMY OF HINGURAANA *In the matter of an Appeal from the Court of
Appeal.* Subasinghage Heenhamy, Hinguraara, Embilipitiya. *SC APPEAL 171/2011
**Plaintiff* CA Application No. 1050/95(F) D.C.Embilipitiya No. 2878/L *Vs*
Hewagamage Ariyarathne, Near Yatiyana Kade, Embilipitiya. Presently of No. 31,
Near the Hospital, New Town, Embilipitiya. *Defendant* ... read more
GALLELAW BLOGGER10 months ago
Premium
Members Advanced Search Disclaimer Cites 9 docs - [View All] Section 145 in The
Code Of Criminal Procedure, 1973 Section 107 in The Code Of Criminal Procedure,
1973 The Code Of Criminal Procedure, 1973 S.M. Yaqub And Ors. vs T. N. Basu And
Anr. on 17 September, 1948 Section 144 in The Code Of Criminal Procedure, 1973
User Queries section 145 section 145 cr.p.c 145 cr.p.c actual possession
physical possession section 107 Bona fide dispute police report sec 107 cr.p.c.
section 107 of the cr p c S 107 cr p c what is decree of the court section 4 of
the cr.p.c. calcutta high cou... read more
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Imambu
vs Hussenbi 29 January, 1960 Karnataka High Court Imambu vs Hussenbi on 29
January,1960 Equivalent citations: AIR 1960 Mys 203, 1960 CriLJ1112, ILR
1960KAR 471 Bench: K Hegde ORDER (1) This revision petition arises from the
decision of the learned Sub-Divisional Magistrate, Gadag, in Miscellaneous Case
No. 5 of 1957 on his file, which was a proceeding under Section 145 of the
CriminalProcedure Code . After examiningthe evidence before him, the learned
Sub-Divisional Magistrate, came to the conclusion that Party No. 1 was in
possession of the lands in dis... read more
GALLELAW BLOGGER10 months ago
IN THE
SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA *
D.C.NegomboCase No. 4858/L* * WP/HCCA/GPH 95/01* *SC AppealNo. 160 / 2013 *
*SP/HCCA/ Gph / 316 / 2011* 1. Nanedirige SarathThilakasiri, ... read more
GALLELAW BLOGGER10 months ago
STATE
LAND - SOME AUTHORITIES read more
GALLELAW BLOGGER10 months ago
State Land - some authororities
CHAPTER
289 STATE LANDS (RECOVERY OF POSSESSION) AN ACT TO MAKE PROVISION FOR THE
RECOVERY OF POSSESSION OF STATE LANDS FROM PERSONS IN UNAUTHORIZED POSSESSION
OR OCCUPATION THEREOF AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL
THERETO. Act Nos, 7/79, 58/81, 29/83, 50/87, 45/92, 60/93, 29/97, 3/05 [25th
January, 1979] Short title. 1. This Act may be cited as the State Lands (Recovery
of Possession) Act. [2, 29 of 1983] Section 2 Repealed. Amrasingha Vs AG 1993
Vol 1376 3. NOTICE TO ISSUE TO PARTY IN UNAUTHORIZED POSSESSION OR OCC... read more
GALLELAW BLOGGER10 months ago
https://www.facebook.com/100005526494880/posts/pfbid02mvWdYCBS5driJZNBkVLh8Qa4Nq581JjK62fgD47eRty84hKaKmL3V35CB7pQCUbQl/?sfnsn=wa read more
GALLELAW BLOGGER10 months ago
Medical Negligence in Sri Lanka
*A
Comparative Analysis of Medical Negligence Compensation in Sri Lanka for the
Protection of Patients * HLNS Chandrasiri *Centre for the Study of Human
Rights, Faculty of Law, University of Colombo, Sri Lanka *
#nadeeshahl@yahoo.com *Abstract* - Sri Lanka provides free health services to
all the persons in the country through establishing and maintaining nearly five
hundred government hospitals in every province and district. Sri Lanka scored
76th place in World Health Organization statistics with higher regional life
expectancy and lower maternal and infant death r... read more
GALLELAW BLOGGER10 months ago
finality of a Partition Decree
*PARTITION
LAW* *Finality of a partition decree* *1. **Odiris Appuhamy v. Caroline Nona –
(1964) 66 NLR 241* Once interlocutory decree has been passed in a partition
action instituted under the Partition Act, a new party is not entitled, by
invoking the provisions of section 48 (3) of the Act, to intervene and have the
interlocutory decree set aside by the Court of first instance on the ground
that the *lis pendens* has not been duly registered. *Per Basnayake, CJ,* *“…The
District Judge has no power to set aside his own decree. All decrees passed by
the Court are, sub... read more
GALLELAW BLOGGER10 months ago
DEFAULT
OF APPEARANCE read more
GALLELAW BLOGGER10 months ago
*PALAGAPODI
BALASUNDARAM **VS. ** GNANAMUTTU KANMANI & OTHERS - * *HON. A. H. M. D.
NAWAZ, J* *Court of Appeal Unreported * *C. A. Case No. 201/1998 (F)*
Vairamuttu Palagapodi, Mahiloormunai, Kaluwanchikudi. *PLAINTIFFVs* 1.
Gnanamuttu Kanmani, 2. Palagapodi Alagaiah, 3. Samithamby Perinpapushpawathy,
4. Palipodi Ratnasingham All of Mahilloor, Kaluwanchikudi. *DEFENDANTSAND NOW
BETWEEN* Vairamuttu Palagapodi (Deceased) of Mahiloormunai, Kaluwanchikudi.
*PLAINTIFF - APPELLANT* Palagapodi Balasundaram Mahiloormunai, Kaluwanchikudi.
*SUBSTITUTED - PLAINTIFF - APPELLANT* ... read more
GALLELAW BLOGGER10 months ago
proof deed in partition case-list of witnesses and
documents-constructive trust
*DOMINGO
HEWAGE PREMACHANDRA* *VS* *KANKANAMGE DON TITUS DHARMARATNE - HON E.A.G.R.
AMARASEKARA, J.* *Court of Appeal No. CA 877/98(F)*D.C. Tangalle Case No.
P/2218. Domingo Hewage Gunapala of Goyambokke, Tangalle. *Plaintiff.* *Vs.* 1.
Kankanamge Don Titus Dharmaratne Kottegooda, Nugegoda. 2. Upali Gunasekera, of
M/s. Palm Paradise Cabanas, of Goyambokke, Tangalle and Presently of No. 19/2,
Sunandarama Road, Kalubowila, Dehiwala. 3. Punyasiri Wickramasinghe of
Goyambokke, Tangalle. 4. Pallakkara Gamage Martyn of Goyambokke, Tangalle.
*Defendants.AND BETWEEN*(deceased) D... read more
GALLELAW BLOGGER10 months ago
*VINCY
EDWARD VON HAGT PATHIRANA* *VS.* *DON RICHARD MUNASINGHE - HON. H. N. J.
PERERA, J* *C. A. Case No:-08/99(F)*D. C. Kalutara Case No:-3792/L Don Richard
Munasinghe, No.11/2, Leslie Perera Mawatha, Kalutara North. *PlaintiffV* Vincy
Edward Von Hagt Pathirana No.610, Jawatta, Kalutara North. *Defendant* *AND
BETWEEN* Vincy Edward Von Hagt Pathirana No.610. Jawatta, Kalutara North.
*Defendant-AppellantV* Don Richard Munasinghe No.11/2, Leslie Perera Mawatha,
Kalutara North. *Plaintiff-Respondent* *2* *Before:* H. N. J. Perera, J.
*Counsel:* Asthika Devendra for the... read more
GALLELAW BLOGGER10 months ago
*DON
PEIRIS SIRIWARDENA **VS ** RAJAPAKSHA PATHIRAGE RATHNAPALA - * *HON. A.H.M.D.
NAWAZ, J* *Court Of Appeal (Unreported)* *C.A. Case No. 908/2000 (F)*D.C.
Walasmulla Case No. L/357/1994 Don Peiris Siriwardena, of Dambahena, Omara,
Walasmulla. *PLAINTIFF, APPELLANT* *Vs.* Rajapaksha Pathirage Rathnapala, of
Muruthawela, Walasmulla. *DEFENDANT-RESPONDENT* *BEFORE :* A.H.M.D. Nawaz,J.
*COUNSEL :* Rasika Dissanayake for the Plaintiff Appellant Shantha Jayawardene
with Dinesh De Silva and Chamara Nanayakkarawasam for the Defendant Respondent.
*Decided on : *26... read more
GALLELAW BLOGGER10 months ago
*PREMAWATHI*
*v.* *GNANAWATHI* *Sri Lanka Law Reports1994 - Volume 2 , Page No - 171*
SUPREME COURT. G. P. S. DE SILVA, C.J. KULATUNGA, J. AND RAMANATHAN, J. S.C.
APPEAL NO. 51/93. C.A. NO. 623/82 (F). D.C. GAMPAHA 22263/L. NOVEMBER 8 AND 22,
1993. Constructive Trust ‑ Section 83 of Trusts Ordinance ‑ Claim for
retransfer of land ‑Agreement to retransfer on informal writing ‑ Prevention of
Frauds Ordinance, Section 2. An undertaking to reconvey the property sold was
by way of a non‑notarial document which is of no force or avail in law under
section 2 of the Pr... read more
GALLELAW BLOGGER10 months ago
*DAYAWATHIE
AND OTHERS **V. **GUNASEKERA & ANOTHER* *Sri Lanka Law Reports 1991 -
Volume 1 , Page No - 115* SUPREME COURT AMERASINGHE, J. DHEERARATNE, J. AND
WADUGODAPITIYA, J. SC APPEAL 17/87; CA 329/74 (F); DC COLOMBO 12617/L. APRIL 4,
1991. *Trusts Ordinance, Sections 5 and 83 -Agreement to re-transfer - Evidence
Ordinance, Section 92 - Oral evidence to vary contents of a notarial deed -
Permissibility.* The Plaintiff bought the property in suit in 1955. He started
construction work in 1959 and completed in 1961. The Plaintiff, a building
contractor, needed finances in 1966 ... read more
GALLELAW BLOGGER10 months ago
BERNEDETTE
VALANGENBERG v. HAPUARACHCHIGE ANTHONY SUPREME COURT, H. A. G. de SILVA, J.
BANDARANAYAKE, J. KULATUNGA, J S. C. APPEAL No. 47/88. DECEMBER 05,06, 07, 13,
14 and 15, 1989. JANUARY 22, 23 and 24, 1990. *Trusts - Purchase of property
for the mistress - Consideration -Constructive Trusts - Parole evidence to vary
terms of deed - Prevention of Frauds Ordinance s. 2, - Evidence Ordinance ss,
91 and 92 -Trusts Ordinance ss. 2,5,83 and 84 - Doctrine of advancement -
Application of English Law to extend doctrine of advancement to the case of a
mistress.* The plaintiff, H. A... read more
GALLELAW BLOGGER10 months ago
*KARUNAWATHIE
**v **ROBO SINGHO* Sri Lanka Law Reports 1983 - Volume 2 , Page No - 407 COURT
OF APPEAL ATUKORALE, J. P/CA AND MOONEMALLE, J. S. C. 832/75 D. C. GALLE 7766/L
29, 30 JUNE 1983. Property - Trust to re-transfer land - Section 83 of Trusts
Ordinance - Oral agreement to re-transfer - Section 2 of Frauds
Ordinance-Section 92 of the Evidence Ordinance. Held - The oral agreement by
the defendant appellant to reconvey the lands to the plaintiff -respondent on
payment of Rs.3000/- does not give rise to a trust. Further facts, clearly
indicative of a trust ... read more
GALLELAW BLOGGER10 months ago
GALLELAW BLOGGER10 months ago
Constructive trust- limitation of action-effect of
Section 111
COURT
OF APPEAL Case No. CA 902/2000 (F). D.C. (Colombo). 359 Trust. Abdul Rahman
Abdul Rafeek, *Plaintiff-Appellant * Vs 1. Siththy Marliya Adaham, 2. Fazal
Mohamed Adham 3. Inul Iqram Adham 4. Honia Nazaria Adham 5. Fathima Firoz Adham
47, Thimbirigasyaya Road, Colombo 5 * ... read more
GALLELAW BLOGGER10 months ago
CONSTRUCTIVE TRUST- DOCRINE OF ATTENDED CIRCUSTACES
*IN THE
COURT OF APPEAL OF THE DEMOCRATIC* *SOCIALIST REPUBLIC OF SRI LANKA.* *C.A. No.
767/96 f (A) & (B)* *D.C. Horana : 3853/L* 1. Nihal Dayananda Rajanetti, 2.
Walimune Devage Chandra Fernanndo 3. Gamini Malwenna, All of Sri Chandrasekara
Mawatha, Panadura Defendant-Appellants Vs Harischanndra P Jayasuriya,
Kotalawala, Bandaragama Plaintiff- Resondent *Before:* A.W.A SALAM, J.
*Counsel:* Rohan Sahabandu with Athula Perera for the defendant-appellants and
D D P Dasanayaka for the plaintiff-respondent... read more
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RAMALINGAM
vs THANGARAJAH Sri Lanka Law Reports 1982 - Volume 2 , Page No - 693 SUPREME
COURT SHARVANANDA, J., VICTOR PERERA, J., AND COLIN THOME, J. S.C. 6/82; CA
2460/80; P.C. AKKARAIPATTU PCA/398 SEPTEMBER 29, 1982 Primary Courts Procedure
Act, Sections 66 to 76 ‑Duty of Judge in disputes as to possession ‑
Consequence of failure to keep to time limits laid down in Act. The respondent
owned a land in extent 8A.1R.22P and had been cultivating it for decades but
appellant dispossessed him of the land, on 6.10.79 and continued in possession.
The Officer in Charge o... read more
GALLELAW BLOGGER10 months ago
time frame for making a determination Determination
under 68 or 69 read with
ARLIS
V. ABEYNAYAKE This judgment was overruled by RAMALINGAM vs THANGARAJAH Sri
Lanka Law Reports 1980 - Volume 2 , Page No - 84 COURT OF APPEAL. RANASINGHE,
J., AND K. C. E. DE ALWIS J. C. A. APPLICATION 618/80-PRIMARY COURT,
EMBILIPITIYA 1452. OCTOBER 1. 8, 1980. Primary Courts Procedure Act, No. 44 of
1979, section 67(2)-Requirement that order be delivered within one week of the
conclusion of inquiry Non-compliance-Whether the judge has jurisdiction to
deliver order thereafter. Held: Section 67 (2) of the Primary Courts Procedure
Act which requires the jud... read more
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PARAMASOTHY
v NAGALINGAM Sri Lanka Law Reports 1980 - Volume 2 , Page No - 34 COURT OF
APPEAL. SOZA, J., AND L. H. DE ALWIS, J. C. A. APPLICATION NO. 807/80. OCTOBER
22, 1980. Primary Courts Procedure Act No. 44 of 1979, sections 66, 67,
72-Breach of the Peace threatened or likely-Objection that failure to consider such
requirement deprived court of jurisdiction-Opportunity to lead evidence-When
necessary-Discretion of court-Requirement that objection to jurisdiction be
taken at earliest opportunity-Judicature Act, No. 2 of 1978, section 39. The
petiti... read more
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NAVARATNASINGHAM
Vs. ARUMUGAM Sri Lanka Law Reports 1980 - Volume 2 , Page No – 1 COURT OF
APPEAL. SOZA, J. AND ATUKORALE, J. C. A. APPLICATION No. 266/80-M. C. JAFFNA
20319. AUGUST 15,1980. Supreme Court Rules, 1978, Rule 46-Revision
application-Objection taken for non-compliance therewith-Meaning of the term
"proceedings" in such Rule-Application rejected.
jurisdiction-Objection to be taken at the earliest opportunity-Waiver
Judicature Act, No. 2 of 1978, section 39. Administration of Justice Law, No.
44 of 1973, section 62-Requirement that breach of peace... read more
GALLELAW BLOGGER10 months ago
*IN THE
SURPEME COURT* Ushettige Vinodanie Preethika Dayadarie Perera of No. 532,
Weligampitiya, Ja-Ela. *PLAINTIFF* SC Appeal: 80/2016 SC.HC.CALA.No: 286/2015
*VS * HCCA/NWP/K/61/2007(F) DC Chilaw Case No: 2017/2005 -M ... read more
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Default of appearnance in civil cases
https://drive.google.com/file/d/1hc_Op-StxUMzP4YBhIIPgc-4L9w-yypM/view?usp=sharing read more
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CONSTRUCTIVE TRUST- PERMISSIBILITY TO LEAD PAROL
EVIDENCE -
IN THE
SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matterof
an Appeal from the Judgment of the Civil Appellate High Court of the Western
Province Holden at Gampaha *SC Appeal No. 160 / 2013 *Bharatha Wijesundera,
*SP/HCCA/ Gph / 316 / 2011 *No. 116,Negombo Road, *WP/HCCA/GPH 95/01
*Sayakkaramulla, *D.C.Negombo Case No. 4858/L ... read more
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DOUGLAS
ARIYASINGHE VS T.M. EKANAYAKE AND OTHERS *HON. JANAK DE SILVA, J.* *Case No:
CA(PHC) 101/2013* H.C. Polonnaruwa Case No: M.C. Hingurakgoda Case No: 18037 1.
Douglas Ariyasinghe, No.1/1, Kesel Kotuwa, Yodha Ela, Hingurakgoda. 2. R.P.
Tikiri Menike No.18, Kesel Kotuwa, Yodha Ela, Hlngurakgoda.
*Respondents-Petitioners-AppellantsVs.* 1. T.M. Ekanayake No.18/2, Yodha Ela,
Hingurakgoda. 2. P.R Sunil Premadasa No.11, Kadabima, Yodha Ela, Hingurakoda.
*Petitioners-Respondents-Respondents* *2* *Before :* K.K. Wickremasinghe J.
Janak De Silva J. *Counsel :... read more
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DUTY TO ASCERTAIN THE DATE OF DISPOSSESSION-
CONSEQUENCES OF FAILURE TO ASCERTAIN THE SAME
W.W.PALIS
VS . SUBRAMANIUM RANJITH KUMAR *HON JANAK DE SILVA, J.* *Case No: CA (PHC)
182/2006*P.H.C. Ratnapura Case No. Rev. 01/03 W.W.Palis Rassagala. Balangoda
*1st Party Respondent-Respondent-Appellant* *Vs.* 01.Subramanium Ranjith KUMAR
02.Subramanium Thileinadan 03. Shamugam Subramanium All of: No.54/15,Sadungama,Thumbagoda,
Balangoda *2nd Party Respondents-Petitioner-Respondents* *Before:* K.K.
Wickremasinghe J. Janak De Silva J. *Counsel: *Hirosha Munasinghe for 1st Party
Respondent-Respondent-Appellant Asoka Fernando for 2nd Party Resp... read more
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Section 66 Revision- Rule 46- compliance - WHAT IT
MEANS
MARY
NONA V FRANSINA [CA] Sri Lanka Law Reports 1988 - Volume 2 , Page No - 250 COURT
OF APPEAL RAMANATHAN, J. C. A. 1184/85 - PRIMARY COURT KEGALLE NO. 508/84 MARCH
30, 1988 Revision - Rules of the Supreme Court - Rule 46 - Is compliance,
imperative? Compliance with Rule 46 of the Supreme Court Rules 1978 in an
application for revision is mandatory. A copy of the proceedings containing so
much of the record as would be necessary to understand the order sought to be
revised and to place it in its proper context must be filed. Merely filing
copies of three journal entries... read more
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Misunderstood concept of BREACH OF PEACE under
Section 66 (1) of P.C.P ACT 44of 1979
Breach
of the peace does not amount to actual physical fight leading to grievous hurt
or murder. If the breach of the peace is likely, although there is no such
threat at present, that is sufficient for the Magistrate to make an order under
section 66 of the Primary Courts Procedure Act. Raja Mahesh Wijekoon Vs
Hiniduma Liyanage Sarathchandran Gunawardena *HON MAHINDA SAMAYAWARDHENA, J.*
*CA CASE NO: CA (PHC) 115/2012* HC GALLE CASE NO: HC/760/2010/REV MC UDUGAMA
CASE NO: 46962 Raja Mahesh Wijekoon, Punchi Digana, 12th Mile Post, Opatha.
*Respondent-Respondent-AppellantVs.* ... read more
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Ananda
Sarath Paranagama VS Dhammadhinna Sarath Paranagama C A(PHC) APN 117/2013 HC
Galle HCRA 32/13 Before: A.W.A.Salam, J (P/CA) and Sunil Rajapaksha, J Counsel:
Dr Sunil Cooray with R. M Perera for the 2nd party-petitioner-petitioner and
Janaka Balasuriya for the parties of the 1st respondent- respondents. Argument
on: 10 February 2014 Decided on: 07 August 2014. A.W.A.SALAM, J (P/CA) This
application is aimed at revising an order of the I Provincial High Court
entered in the exercise of the revisionary jurisdiction vested in it under
Article 154 P(3)(b) of the Constitu... read more
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Can removal of house be ordered? - Primary Courts
Procedure Act, section 69(2)
JAMIS
VS KANNANGARA 1999 2 SLR 350 - COURT OF APPEAL P.R.P. PERERA, J. &
PALAKIDNAR, J. C.A. No. 89/89 - P.C. RATNAPURA No. 191(92031) - JUNE 15 AND
JULY 5, 1989. Lease – Land owner leasing gemming rights – Land owner being in
occupation builds house - Can removal of house be ordered? - Primary Courts
Procedure Act, section 69(2) - Indian Criminal Procedure Code, section 147(2).
One Jamis gave a lease of gemming rights of a land in his occupation. He built
a house on it to the detriment of the lessee's gemming rights. The Primary
Court ordered the removal of the hou... read more
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ABDUL
HASHEEB V. MENDIS PERERA [CA] 1991 – SLR- Volume 1- Page 243 COURT OF APPEAL
TAMBIAH, J. AND G.P.S. DE SILVA, J. CA APPLICATION NO. 1092/81 P.C. GAMPAHA
CASE NO. 3853 06 APRIL 1982, 14 JUNE 1982, 6, 7, 8 JULY 1982 AND 10, 13 AND 14
SEPTEMBER 1982 Judicature, Act No. 2 of 1978, SS. 46 & 47 - Application for
transfer of case from one Primary Court to another - Failure to give notice in
writing of the application to the Attorney-General as required by s. 47(3) of
the Judicature Act - Bias - Expediency as ground for transfer of case. Held: It
is section 46 which lays dow... read more
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JAYANTHA
GUNASEKARA VS. JAYATISSA GUNASEKARA (Divisional Bench) 2011 1 SLR 284 COURT OF
APPEAL SISIRA DE ABREW. J, SALAM. J & LECAMWASAM. J CA PHC APN 17/2006 (DB)
HC AWISSAWELLA 55/04 MC AVISSAWELLA 65720 FEBRUARY 25,2011 MARCH 3,4,2011 MAY
16,2011 Constitution Article 154 (P) 3 (b) - Primary Courts Procedure Act -
Section 2, Section 66, Section 68-Section 76-High Court exercising revisionary
jurisdiction -Appeal to Court of Appeal- Does the filing of an appeal ipse
facto stay the execution of the judgment of the High Court? - Cassus omissus
clause in the Primary... read more
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NAVARATNASINGHAM
Vs. ARUMUGAM Sri Lanka Law Reports 1980 - Volume 2 , Page No – 1 COURT OF
APPEAL. SOZA, J. AND ATUKORALE, J. C. A. APPLICATION No. 266/80-M. C. JAFFNA
20319. AUGUST 15,1980. Supreme Court Rules, 1978, Rule 46-Revision application-Objection
taken for non-compliance therewith-Meaning of the term "proceedings"
in such Rule-Application rejected. jurisdiction-Objection to be taken at the
earliest opportunity-Waiver Judicature Act, No. 2 of 1978, section 39.
Administration of Justice Law, No. 44 of 1973,section 62-Requirement that
breach of peace... read more
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KANAGASABAI vs MYLWAGANAM 78NLR 280 - Sec 62
Relevance of suit pending in civil court
S. A.
KANAGASABAI vs M. K. MYLWAGANAM.( SHARVANANDA, J) 78 NLR 280 1976 Present :
Sharvananda, J., and Wanasundera, J. S. C. Application 471/76-M.C. Colombo
42282/1 Administration of Justice Law-Sections 62, 63, 65-Relevance of suit
pending in civil court-Conditions precedent to the exercise of
jurisdiction-Meaning of dispute affecting land. (1) The mere fact that a suit
is pending in a civil court does not deprive the Magistrate of jurisdiction to
make an order under Sections 62 and 63 of the Administration of Justice Law,
No. 44 of 1973. (2) It is sufficient ... read more
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Persistent discrimination and partiality by Police to
one party in land dispute
SHAUL
HAMEED Vs RANASINGHE [SC] [Persistent discrimination and partiality by Police
to one party in land dispute- It is the duty of the police to protect the to
prevent crimes and public nuisances and preserve the peace. In the discharge of
this duty also it may become necessary for the Police to intervene in property
disputes and afford protection. SUPREME COURT MARK FERNANDO, J., KULATUNGA, J.
AND DHEERARATNE, J. S.C. APPLICATION No. 78/87. APRIL 25, 1989. Fundamental Rights
- Constitution, Articles 12(1) and 136(4) -Persistent discrimination and
partiality by Pol... read more
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Lakmanage
Piyasena Podimahattaya Vs Lakmana Gamage Hemantha In the matter of an
application for Revision under Article 154 P of the Constitution. Lakmanage
Piyasena Podimahattaya, Madagalla, Noori Petitioner-Respondent-Appellant
Lakmana Gamage Hemantha, No. 135/3, Maharagama Road, Mampe, Piliyandala.
Substituted Petitioner-Respondent-Appellant Case No. CA(PHC) 208/2005 H.C.
Kegalle Case No. 1776/Revision M.C. Ruwanwella Case No. 36744 Vs. Nekethrallage
Luvis Singho alias Gunawardena, Madagalla, Noori Respondent-Petitioner-Respondent
1. N.R.Gunawathie Madag... read more
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GAMARALALAGE
JAYASINGHE Vs MAHARA MUDIYANSELAGE LOKU BANDARA *HON MAHINDA SAMAYAWARDHENA, J*
*CASE NO: CA/PHC/76/2018* PHC KEGALLE NO: 4884/2015/REV MC KEGALLE NO:
26699/2014 1. Gamaralalage Jayasinghe, 2. Danasekara Gedara Kusumalatha Kanthi
Menike, 3. Gamaralalage Yasada Menike, No.115, Aranayake Road, Mawanella.
*Respondent-Petitioner-Appellants* *Vs.* Mahara Mudiyanselage Loku Bandara, No.
862/03, Robert Gunawardena Road, Malabe. *Petitioner-Respondent-Respondent*
*Before :* A.L. Shiran Gooneratne, J. Mahinda Samayawardhena, J. *Counsel :
*Chula Bandara... read more
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Compilation
of some decisions on Section 66 (P.C.Procedure Law) by A W A Salam. S. A.
KANAGASABAI vs M. K. MYLWAGANAM.( SHARVANANDA, J). 8 NAVARATNASINGHAM Vs.
ARUMUGAM... 25 PARAMASOTHY v NAGALINGAM... 39 ARLIS V. ABEYNAYAKE.. 44
RAMALINGAM vs THANGARAJAH.. 49 MARY NONA vs. FRANSINA.. 73 ABDUL HASHEEB Vs
MENDIS PERERA AND OTHERS.. 78 LOKU BANDA vs UKKU BANDA.. 109 WEERASINGHE v.
SEPALA.. 121 O.I.C Kotahena Vs. DEWASINGHE.. 126 HOTEL GALAXY (PVT) LTD v.
MERCANTILE HOTELS MANAGEMENT LTD. 135 DAVID APPUHAMY v. YASSASSI THERO.. 210
JAMIS VS KANNANGARA.. 226 RATNA... read more
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Mohamed
Shareef Nazar Vs Asoka Jayalal Karunanayake COURT OF APPEAL OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF SRI LANKA CA 74/07 Revision In the matter of an
Application for Revision in terms of Article 138 of the Constitution H.C
Revision - Colombo HCRA 132/06 Me 63581/06 (Fort) Mohamed Shareef Nazar, Ascon
Construction and Investments (PVT) Ltd, No:873, Kandy Road, Wedamulla PARTY OF
THE SECOND PART- PETITIONERPETITIONER Vs Asoka Jayalal Karunanayake, yahala
Group, No: 33 Staple Street, Colombo PARTY OF THE FIRST PART-
RESPONDENTRESPONDENT. BEFORE: W L R Silva, ... read more
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Kandyan Law - latest Judgement of the Supreme Court
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Presentation
- click read more
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Law of
Bail - An Article
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partition
- a PowerPoint presentation read more
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Causes of Popular Dissatisfaction with the
Administration of Justice
New Law
Reports Volume 66, Page No 355 1962 Present: Sri Skanda Rajah, J. P.
SATHASIVAM, Appellant, and V. MANICKARATNAM , Respondent S. C. 51011962-M. C.
Kalmunai, 4625 Maintenance-Application by wife-Husband's offer to wife to come
and live with him-Requirement of bona fides-Quantum of maintenance-Means of
wife not relevant-Maintenance Ordinance (Cap. 91), ss. 2, 3, 4. Judge-Power to
intervene and question a witness. Where a husband, on being sued by his wife
for maintenance, offers to maintain the wife on condition of her living with
him, the Court must c... read more
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Revision - Delay 4 1/2 years - exceptional grounds
not pleaded
*IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST* *REPUBLIC OF SRI LANKA* *In the
matter of an application for revision in terms of Article 138 of the
Constitution of the Democratic Socialist Republic of Sri Lanka* The Democratic
Socialist Republic of Sri Lanka *Plaintiff* Court of Appeal Revision
Application No : *CA/ PHC/APN 78/2021* High Court of Kuliyapitiya *Case No : HC
176/2013* *Vs.* 1. Rajapakse Arachchige Thushara Ranjan Rajapakse 2. Ratnayake
Mudiyanselage Ajith Prasanna 3. Horathal Pendige Ch... read more
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prerogative powers of our courts
A BRIEF
INTRODUCTION TO THE WRIT JURISDICTION OF SRI LANKA . Published with a sense of
gratitude to the *(Author of the Article)* Theekshana A.W. Pathirana *Legal
Counsel, Attorney-at-Law of the Supreme Court of Sri Lanka, LL.B. (Hons.) (UK),
Pg Dip in Diplomacy * Legal Counsel, Attorney-at-Law of the Supreme Court of
Sri Lanka, LL.B. (Hons.) (UK), Pg Dip in Diplomacy The proposition that public
authorities should exercise their powers within the four corners of the
legislation may well be understood as the foundation of Administrative Law in
Sri Lanka, the primary pu... read more
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Last
Updated : 2021-08-12 03:14:00 AppsAdvertisingHome DeliveryWNL HomeFeedback
GamesNEWE-paper MENU Thu, 12 Aug 2021 Today's Paper HOME BREAKING NEWS DOCK
STATEMENT, EVIDENCE OF A LESSER WEIGHTAGE RECOGNIZED IN OUR LAW – CA Dock
statement, evidence of a lesser weightage recognized in our law – CA 9 August
2021 03:28 pm - 0 - 1095 WhatsAppFacebookMore A A A
------------------------------ A dock statement is still evidence of a lesser
weightage recognized in our law, the Court of Appeal observed in a recent
judgment. The Court of Appeal held that the dock statement is an... read more
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INFIRMITIES ATTCHED TO DOCK STATEMENT
*PROBATIVE
VALUE OF DOCK STATEMENT * *1. **The Queen V. Buddharakkita Thera and 2 Others
[1962](63 NLR 433)* it was held that “ the right of the accused person to make
an unsworn statement from the dock is recognized by our law. That right would
be of no value unless such a statement is treated as evidence on behalf of the
accused subject to the infirmity which attaches to statements that are sworn
and have been tested by cross examination.” *2. **In Queen V. Kularatne
[1968]71 NLR 529* it was held “…thatsuch a statement must be looked upon as
evidence subject to the i... read more
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Right
of way case as posted at Supreme Court site VITHARANA INDUNIL PRIYANTHA vs SOMA
GUNARATNA READONLINE cases referred to: Godamune Vs Magilin Nona Read online
Nagalingam Vs Kathiresanpillai Read online David vs Gnanawathie Read online
Velupillai vs Subasingha Read online *From the concluding paragraphs of the
Judgment * In the instant case, the Licensed Surveyor has clearly stated that the
right of way claimed by the Plaintiff from point *A *to point *B *is situated
withinLot No. 6 of plan No. 2973. More importantly, learned counsel for the
Plaintiff has intensely ... read more
GALLELAW BLOGGER1 year ago
DEFAULT
OF APPEARANCE -REMEDY read
more
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personal liability of a person who contracts for a
non-existent company
ATTYGALLE
AND ANOTHER Vs COMMERCIAL BANK OF CEYLON LTD. Sri Lanka Law Reports - 2002 -
Volume 1 , Page No - 176 COURT OF APPEAL TILAKAWARDANE, J. AND UDALAGAMA, J. CA
NO. 401/94- DC COLOMBO NO. 1905/M AUGUST 23, 2000 AND MARCH 30, 2001 Companies
Act, No. 20 of 1982 - Account opened with Bank by sole Directors - Facilities
obtained by the Directors - Company not incorporated - As the company was
non-existent is the contract a nullity? - Liability of the
"Directors". The plaintiff-respondent instituted action against the
defendant-appellants for the recovery of a certa... read more
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Before
Priyasath Dep, PC J Upaly Abeyrathne, J Anil Goonaratne, J Decided on
17.02.2017 Priyasath Dep, PC. J This refers to an application filed by the
heirs of the deceased Plaintiff- Respondent in Case No.NWP/HCCA/KUR/110/2005(F)
and also the heirs of the deceased Plaintiff-Appellant in
NWP/HCCA/KUR/111/2005(F) to set aside the judgment of this Court dated
07-07-2015 as the said judgment was entered per incuriam. This Court heard the submissions
of the parties and permitted them to file written submissions. Accordingly the
parties filed their written submissions. I... read more
GALLELAW BLOGGER1 year ago
Banda
v. Haramanis - NLR - 141 of 21 [1919] LKHC 9; [1919] 12; (1919) 21 NLR 141 (18
July 1919) Present: De Sampayo J. 1919 BANDA v. HARAMANIS et al. 493 and 494-P.
C. Henaratgoda, 16,418. Possession of beef-Beef found in house occupied by
father and son-No evidence as to who was responsible. Two accused, father and
son, who occupied the same house, were convicted of having been found in
possession of beef, for which they were unable to account to the satisfaction
of the Magistrate. Held, that as there was nothing to show that either of the
accused put 'the article... read
more
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In Re
Dharmalingam - NLR -1968] LKSC 7; (1968) 76 NLR 94 (28 August 1968) *1968**
Present **: H. N. G. Fernando, C. J., Samerawickrame, J.,**and Weeramantry, J.*
*In re S. DHARMALINGAM* *S. C. Rule No. 20-In the matter of a Rule under
Section 17 of the Courts Ordinance on S. Dharmalingam of Kurunegala, a Proctor
of the Supreme Court* *Legal practitioners-Proctor guilty of
malpractice-Liability to be suspended from practice or removed from office-Courts
Ordinance, s. 17.* The respondent, a Proctor, misappropriated and failed to
deposit in Court a sum of Rs. 75 given to him ... read more
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MODE OF AFFORDING THE OPPORTUNITY TO INVOKE RIGHT OF
APPEAL
Mode of
delivering Judgement and consequences of not notifying the date of Judgment.😓 Supreme Court- Duty of the
court to inform the date of judgement in open court- In the absence of such
information provided to the parties in open court the obligation to notify the
parties of the date of judgement in advance by other means is discussed in thud
judgement. Inability on the part of a party but prefer an appeal within the
stipulated period of time due to having no such notice of Judgement. David v.
Choksy - SLR - 302, Vol 1 of 1996 [1993] LKSC 20; (1996) 1 Sri LR 3... read more
GALLELAW BLOGGER1 year ago
EFFORTS TAKEN FORWARD TO ENRICH THE LEGAL LITERATURE
GALLELAW BLOGGER1 year ago
prescription or limitation of action
GALLELAW BLOGGER1 year ago
dishonoured cheques and court procedure
GALLELAW BLOGGER1 year ago
Wickramaratne
v. Chandradeva - SLR - 232, Vol 2 of 1997 [1996] LKSC 7; (1997) 2 Sri LR 232
(20 September 1996) *WICKRAMARATNE vs CHANDRADEVA * *SUPREME COURT.* *FERN
ANDO, J., DHEERARATNE, J. AND WIJETUNGE, J.* *S.C. RULE 2/93 D.* *FEBRUARY 5
AND 28, 1996.* *Judicature Act, No. 2 of 1978, section 42(2) - Supreme Court
Rules - Respondent has ceased to be an Attorney-at-Law - Jurisdiction of the
Supreme Court to hold an inquiry - Notaries Ordinance, section 31(26) (a) -
Transmission of duplicates of deeds to Registrar of Lands - Deceitful conduct -
Rule absolute - Struc... read more
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PARTITION-suspension of attorney for professional
misconduct.
In Re
Upali Wijesuriya An Attorney At Law - SLR - 178, Vol 1 of 1981 [1981] LKSC 11;
(1981) 1 Sri LR 178 (21 February 1981) 178 IN RE U. W AN ATTORNEY-AT-LAWSUPREME
COURT,SAMARAKOON, C. J., SAMARAWICKREMA, J. AND WANASUNDERA, J.RULE NO. 2 OF
1980FEBRUARY 3, 1981. Attorney-at-law - Suspension - Malpractice.The respondent
should be suspended from the roll of attorneys for a period of five years, for
professional misconduct.The respondent Attorney-at-law failed to appear before
a disciplinary Committee first of the Law Society and later of the Bar
Association to explain his failur... read more
GALLELAW BLOGGER1 year ago
De
Silva v. Senaratne - NLR - 313 of 50 [1949] LKSC 9; (1949) 50 NLR 313 (9 March
1949) *313* *1949* *Present: **Jayetileke S.P.J. and Canekeratne J.* *DE
SILVA,* Appellant, *and **SENARATNE* e*t al, *Respondents *S*. *C. 413-D C.
Matara, 16,626* *Specific performance-Agreement to transfer
land-Registered-Stipulation for damages on failure to transfer-Refusal to
transfer-Right of election to pay damages-Trust-Existing contract-Chapter 72,
section 93.* First to seventh defendants agreed to transfer to the plaintiff
the lot allotted to them by the final decree in a [image:... read more
GALLELAW BLOGGER1 year ago
SUPREME
COURT Supreme Court Rules - Rule 30 (1) and Rule 30 (6) - Filing of written
submissions - Rule 34 -failure to serve the written submissions on the
Respondents - non compliance - Is appeal liable to be dismissed. The Appellant
duly filed five copies of written submissions in the Registry, but failed to
serve copies of written submissions on the Respondents as required on Rule 30
(6). Does it amount to a failure to exercise due diligence as provided in Rule
34? Held (1) Rule 30 (1) mandates that no party to an appeal shall be entitled
to be heard unless he has previousl... read more
GALLELAW BLOGGER1 year ago
Right to support a Minor and an unmarried daughter -
Computation of damages
Roman
Dutch Law - Accident - Death of widowed mother - Right to support a Minor and
an unmarried daughter - Computation of damages. The widowed mother of the
Plaintiffs died in an accident. The 1st Plaintiff an unmarried daughter and the
2nd plaintiff a minor son claimed damages. The District Court awarded Rs.
150,000/- to both Plaintiffs. On appeal the Court of Appeal varied the award by
disallowing the claim of the minor son for the reason that he was 18 years of
age at the time of the accident and entitled to an orphan’s allowance until the
age of 21; and thereafter obliged ... read more
GALLELAW BLOGGER1 year ago
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN
OR DEGRADING TREATMENT OR PUNISHMENT
1.CODE
OF CRIMINAL PROCEDURE (AMENDMENT) ACT, No. 14 OF 2021 2. Release Of Remand
Prisoners 3. Convention Against Torture And Other Cruel, Inhuman Or Degrading
Treatment Or Punishment CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, No. 14 OF
2021 [Certified on 15th of July, 2021] L.D.—O. 62/2017 AN ACT TO AMEND THE CODE
OF CRIMINAL PROCEDURE ACT, NO. 15 OF 1979 BE it enacted by the Parliament of
the Democratic Socialist Republic of Sri Lanka as follows:— *Short title* 1.
This Act may be cited as the Code of Criminal Procedure (Amendment) Act, No. 14
of 2021. ... read more
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
DEFAULT OF APPEARANCE SOME USEFUL REPORTED JUDGEMENTS
GALLELAW BLOGGER1 year ago
Constructive Trusts | Part II | English |
Selvakkunapalan | Legal Observations
GALLELAW BLOGGER1 year ago
Constructive Trusts | Part I | English | Mr
Selvakkunapalan | Legal Observations
GALLELAW BLOGGER1 year ago
BASL Sinhala Webinar 2.23 - තෑගි ඔප්පු හා තෑගි ඔප්පු අවලංගු කිරීම පිළිබඳ නීතිය
GALLELAW BLOGGER1 year ago
Practice of Commercial Law in Sri Lanka by Dr. Harsha
Cabral, PC
GALLELAW BLOGGER1 year ago
LAW OF PARTITION - SINHALA - PRESENTATION MADE ON THE
INITIATIVE OF BASL
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
EXECUTION IN 66 APPLICATION RELATED ORDERS
*JAYANTHA
GUNASEKARA VS. JAYATISSA GUNASEKARA **AND OTHERS* Sri Lanka Law Reports 2011 -
Volume 1 , Page No - 284 COURT OF APPEAL *Constitution Article 154 (P) 3 (b) -
Primary Courts Procedure Act - Section 2, Section 66, Section 68-Section
76-High Court exercising revisionary jurisdiction -Appeal to Court of Appeal-
Does the filing of an appeal ipse facto stay the execution of the judgment of
the High Court? - Cassus omissus clause in the Primary Courts Procedure Act
-Applicability of the provisions of the Civil Procedure Code - Stare decisis -
Obiter dicta -Ratio decidendi - A... read more
GALLELAW BLOGGER1 year ago
*NANDAWATHIE
AND ANOTHER V. MAHINDASENA * *SLR 2009 1 218 * Primary Court *Ordinance
Sections* 68, 69, 74 (2), 78 - *Relief granted* - Moved *High *Court in
revision - *Application allowed - Appeal lodged *- Can the writ be executed
while the *appeal is pending? - Is there an automatic stay of proceedings?
Civil Procedure Code Sections 754, 757 (2), 761, 630 - Amended by Act No. 38
*of 1998 - Judicature Act -* Section* 23 - High Court of the Provinces (SpI
Prov) Act No.19 of 1990 - Constitution 154 P 13th amendment- Supreme Court
Rules 1940 - Industrial Disputes Amendment A... read more
GALLELAW BLOGGER1 year ago
RENT AND EJECTMENT - REASONABLE REQUIREMENT- NATURE
OF THE NOTICE
Sri
Lanka Law Reports 2007 - Volume 1 , Page No - 320 -*PIRAGALATHAN- **V *
*SHANMUGAM* *COURT OF APPEALRent Act 7 of 1972 as amended by Act 12 of 1980 -
912 - Reasonable requirement Section 22(2) (bb), section 22(2) (ii)- One year's
notice- Is it mandatory - Could this be split? - Notice to quit a condition
precedent - Purchase of property over the Head of the tenant - Reasonable
requirement - Is it available? - Fresh issues altering scope of action -
Permissibility? - Blowing hot and cold? - Civil Procedure Code section 46 (2)
1. Action barred by positive... read more
GALLELAW BLOGGER1 year ago
*Wickum
A. Kaluarachchi* Judge of the High Court (Civil Appeal) Any evidence introduced
at a trial or hearing in the form of documents is called *Documentary
Evidence*. In civil trials, criminal trials and various types of inquiries,
documentary evidence is often used. Although this term is most widely
understood to mean writings on paper such as a deed or a will, an invoice, a
contract; the term actually includes any media by which information could be
preserved. Photographs, tape recordings, films, and printed emails are all
forms of documentary evidence. As same as oral evid... read more
GALLELAW BLOGGER1 year ago
The
doctrine of best interest of child is used to choose the best for the child
when a matrimonial case or and other parental issue such as an adoption case
where the child could not live with all the family members. In *Samarasingha Vs
Simon 43 NLR 129* the Court considered that allowing a child to grow up with
her own brothers and sisters will be a point to consider the best interest of a
child. READ THE ARTICLE read more
GALLELAW BLOGGER1 year ago
Mohamed
Alavi Nawaz Gafoor read judgement online read
more
GALLELAW BLOGGER1 year ago
https://drive.google.com/file/d/18kOyFer_WEIMSi3p_R0FjaCWqbCrlXxv/view?usp=sharing read
more
GALLELAW BLOGGER1 year ago
scope of section 773 of the CPC
Read
online Lawlanka.com This partition case proceeded to trial on 52 points of
contest and the District Judge dismissed the action without answering any one
of them. On appeal, the High Court set aside the judgment of the DC and
directed to deliver a fresh judgment on the evidence already led, if necessary
after hearing additional evidence. It was held by the SC that *Section 773 does
not confer any power to the Appellate Court to order the trial judge to write a
fresh judgment upon the evidence already led at the trial. * It was held that
The High Court is only empowered... read more
GALLELAW BLOGGER1 year ago
PARTITION POWER POINT PRESENTATION
PARTITION
POWER POINT read more
GALLELAW BLOGGER1 year ago
Testing
the previous Experience of Witnesses read more
GALLELAW BLOGGER1 year ago
criminal cases not to be converted to a dispute of
civil nature
Attempt
to pre-judge a criminal case and enforce the same against the presumption of
innocence.... Criminal Court being converted into a Civil Court.....A growing
tendency Judgment. This is a revision application. The 5th
accused-petitioner-petitioner (hereinafter referred to as the "petitioner")
has invoked the present revision application to challenge the propriety of the
order made by the learned Magistrate of Kalutara dated 28 August 2013 evicting
the petitioner and to set aside the order of the learned High Court Judge dated
3 September 2013. The facts briefly are as f... read more
GALLELAW BLOGGER1 year ago
SC
Contempt No. 03/16 One Bandumali Jayasinghe was asked to show cause as to why
she should not be punished for having committed the following offences of
contempt of the Supreme Court; That she -; . (a) Submitted a written complaint
to Supreme Court against Ms. Amarathunga Arachchige Niduk Wasana Perera,
Attorney-at-Law relating to her professional conduct in the District Court of
Colombo case bearing No: DDV/0054/2008 and in the complaint did wilfully make
the following false statements: (i) That she never received any notice, summons
and/or any decree in the said... read more
GALLELAW BLOGGER1 year ago
නඩත්තු නඩුවක් හෝ දික්කසාද නඩුකරයක් විභාගයට හෝ විමසීමට ගැනීමට ප්රථම අනිවාර්යෙන්ම පවුල් උපදේශක (Family Counselor) වෙත යොමු කළ යුතු වන්නේ ද? ඒ යටතේ කරුණු සලකා බැලීමේදී, ඇතැම් අවස්ථාවන්හිදී නඩත්තු නඩුකර සම්බන්ධයෙන් සහ දික්කසාද නඩුකර සම්බන්ධයෙන් ඇතැම් පාර්ශ්වයන් විසින් ඉහත කී කරුණට අදාළව වන ප්රතිපාදන සම්බන්ධයෙන් වන නොදැනුවත්භාවය මත පදනම්ව පවුල් උපදේශක වෙත යොමු නොකරන ලෙසට වාචික ඉල්ලීම් සිදුකරනු දැකිය හැකි වන බැවින්, ඊට අදාලව වන මාගේ අවධානය සංශෝධිත පරිදි වූ 1978 අංක 2 දරණ අධිකරණ සංවිධාන පනතේ 26 වන වගන්තිය වෙත පහත සඳහන් පරිදි යොමු කර සිටිමි. (මෙම වගන්තිය 1979 අංක 37 සහ 1981 අංක 71 දරණ... read more
GALLELAW BLOGGER1 year ago
The
petitioner who is the wife of the suspect in a Magistrate’s Court had been
arrested on 07.11.2018 for possession of heroin and since then remains in
incarceration. The application for bail was refused by the High Court on
02.07.2020. Aggrieved by the said refusal, the petitioner made a revision
application to Court of Appeal and the respondents objected to it mainly on the
grounds of lack of exceptional circumstances and unreasonable delay in filing
the revision application. The petitioner has submitted as exceptional
circumstances, the following: - 1.The order of the le... read more
GALLELAW BLOGGER1 year ago
right of way Sections 66 and 69 PRIMARY COURT ACT
ANANDA
SARATH PARANAGAMA VS DHAMMADINNA PARANABAME NIMALASENA JAYAKODY VS MALLIKARATNA
WILLIAM SINGHO VS WILBERT G D JAYASURIYA VS KULAHAMY BANDULASENA VS
CHAMINDA read more
GALLELAW BLOGGER1 year ago
*SAGARAYAK
MEDA READ ONLINE CLICK* *read further* *Interim injunction* *Material on which
Court should decide ? Is oral evidence permissible ?-Regular and summary
procedure - burden of proof - defamation suit - section 54 of the Judicature
Act No. 2 of 1978 - tests to be applied in granting an interim injunction -
ss. 662, 664, 666 C.P.C.* In deciding whether or not to grant an interim
injunction the following sequential tests should be applied 1. Has the
plaintiff made out a strong prima facie case of infringement or imminent
infringement of a legal right to which he h... read
more
GALLELAW BLOGGER1 year ago
Nethalia
died leaving a Last will or intestate READ JUDGEMENT HERE CLICK read more
GALLELAW BLOGGER1 year ago
VS
BACKGROUND Two different applications were filed in succession, at the interval
of 1 1⁄2 years in respect of the estate of the deceased Queenie A Nathaniels.
The first application to administer her intestate estate and the second 1 1⁄2
years after the first to prove a purported last Will. Both matters were taken
up in amalgamation and co... read more
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
Victims of Crime and Witnesses Act No.4 of 2015
Protection
of Victims of Crime and Witnesses Act No.4 of 2015- bail application in terms
of section 10(1) (a) of the Act- Section 10(1) (a) of the Act permits the
release of suspect only under circumstances- Bail Act, No.30 of 1997 has no
application with regard to offences under the Victims and Witnesses Protection
Act- Each application is decided on the particular facts of that individual
case and no two cases are exactly the same. Each application is decided on the
particular facts of that individual case and no two cases are exactly the same.
“Exceptional circumstance... read more
GALLELAW BLOGGER1 year ago
prescription- adverse possesion
Sri
Lanka Law Reports 1994 - Volume 3 , Page No - 245 GUNASEKERA v. TISSERA AND
OTHERS SUPREME COURT M. D. H. FERNANDO, J. WADUGODAPITIYA, J. AND nWIJETUNGE,
J. Amicable partition - Adverse possession - Prescription - Identity of corpus
- Exclusion of lots. Plaintiff filed this action to partition
Batadombagahawatta shown in totality as an extent of 12A-1 R-37.4P in plan
No.1053 dated 5.8.52 made for an amicable partition. At the preliminary survey
a corpus of 13A-OR-24.7P was superimposed on it, Lots 5B, 5C, 5D and 66 of a
total extent of GA-3R-21 P fell outsi... read more
GALLELAW BLOGGER1 year ago
presumption of ouster - Partition
*Presumption
of ouster* In Abdul Majeed v. Ummu Zaneera (61 N.L.R. 361) De Silva J. with
Fernando J. agreeing held that in considering whether or not a presumption of
ouster should be drawn by reason of long-continued possession alone, of the
property owned in common, it is relevant to consider inter alia documents
executed on the basis of exclusive ownership. Recent Judgment of the Supreme
Court on the presumption of Ouster – Click here.. Abdul Majeed Vs Ummu Zaneera
61 NLR 361 read online *Pr* read more
GALLELAW BLOGGER1 year ago
conflict of interest-impropriety
*Administration
of justice should be free from suspicion*- Proctor advising one party hearing
case as District Judge. It is important that the administration of justice
should be free from even the suggestion of suspicion. A person acting as
District Judge who has advised one of the parties should not proceed to try a
case without getting the express consent of both parties. Though no objection
was taken at the hearing or in the petition of appeal, the Supreme Court sent
the case back for rehearing before another Judge. The facts appear from the judgment.
September 15,... read more
GALLELAW BLOGGER1 year ago
PROXY
The substituted plaintiff successfully obtain an order for writ pending appeal.
In the main appeal the Respondent took up a preliminary objection that there
was no proxy filed on behalf of the substituted Plaintiff in the District
Court, and there was no proper application before Court to substitute him or
even to represent him by an Attorney-at-Law. The substituted Plaintiff submitted
that the failure to object in the original Court coupled with the subsequent
filing of a proxy cured any defect which may have invalidated the proceedings.
The High Court of Appeal (Civil... read more
GALLELAW BLOGGER1 year ago
Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 18 LUCKMANJEE VS. DIAS COURT OF
APPEAL ABDUS SALAM. J. CA 606/99[F] DC COLOMBO 17396/L MARCH 26, 2012 Rei
Vindication action - Subject matter vested in Commissioner of National Housing?
- Proof of same - Admission of ownership - Relevancy- Burden of proof? -
Misdirection? The plaintiff -appellant sought a declaration of title to the
corpus and ejectment of the defendants there from. The defendant whilst denying
the matters urged, pleaded that the subject matter was vested in the
Commissioner of National Housing [CNH] in te... read more
GALLELAW BLOGGER1 year ago
CIVIL ACTION AGAINST nomine officii. The Land
Commissioner v. Ladamuttu Pillai (66 NLR 94).
GALLELAW BLOGGER1 year ago
DEFAULT
OF APPEARANCE IN PARTITION CASE- SECTION 28 OF THE C.P.C- NON COMPLIANCE JUDGEMENT
The sequence of the incidents leading to this appeal are as follows:- The
Plaintiff filed action seeking the partition of the land called “Kajugahawatte”
depicted in plan No. 8872 made by K.G.S. Yapa Licensed Surveyor. As disclosed
in the plaint, the Plaintiff and the 1st Defendant were entitled to undivided
shares in the corpus in the ratio of 1:15. The 2nd Defendant filed amended
statement of claim dated 16.07.1990 through Mr.H.M. Bary Attorney-at-Law
claiming *inter alia *prescripti... read more
GALLELAW BLOGGER1 year ago
PARTITION - SECTION 12 AND 25-EVIDENCE 94
WANT OF
PROPER INVESTIGATION OF TITLE AND FAILURE TO SUBMIT DECLARATION UNDER SECTION
12 C.A.No.85/97(F) D. C. Horana 4035/P (details of the judgment are set out at
the foot) Judgment This appeal arises from the judgment and interlocutory
decree entered on 14.6.1994 by the learned district judge of Horana in the
above partition action. By the said judgment and interlocutory decree the
learned district judge rejected the devolution of title set out by the
plaintiff-appellant and entered judgment to partition the land on the
devolution of title set out by the defendant-respondent... read more
GALLELAW BLOGGER1 year ago
PARTITION- APPLICATION TO LEAD EVIDENCE IN APPEAL
APPLICATION
TO ADDUCE FRESH EVIDENCE IN APPEAL- SEC 773 OF THE CPC. REQUIREMENTS NECESSARY
TO BE ESTABLISHED Case No. CA 731/1993 (F) D.C. (Kalutara). 4643/P Payagala
Badalge Agnes, Vs Walathara Arachchige Piyasena, Counsel : L.B.J Peiris for the
3rd defendant appellant N R M Daluwatta PC for 20/24 defendant appellants
Ranjan Suwandaratne for the Plaintiff. Re argued on: 04.06..2007. Decided on:
27.09.2007. Abdul Salam, J. Order This order arises on an application made by
the 3rd defendant appellant seeking leave of court to adduce fresh evidence
under section 773... read more
GALLELAW BLOGGER1 year ago
APLICATION
FOR REVISION AND/OR RESTITUTIO IN INTEGRUM- PETITIONER HAD NO RIGHTS IN THE
CORPUS- MAINTAINABILITY CA 215//2002 DC Kandy 125781/P D.A.S.K. Dissanayaka, Vs
M.R.Prema Lal de Charles, Dr F.A.Sunil Cooray for the petitioner and Nihal
Jayamanne PC with Ajith Munasingha for the substituted plaintiff-respondent.
Decided on: 17.03.2009 A.W.Abdus Salâm, J. The petitioner has filed the present
application in revision to have the trial proceedings in partition action No
12578/P in the district Court of Kandy and the judgment and interlocutory
decree entered in the case se... read more
GALLELAW BLOGGER1 year ago
Identification of the corpus in a partition action
AMENDMENT
OF INTERLOCUTORY DECREE-INSUFFICIENT EVIDENCE This is an application to revise
and set-aside the judgement and interlocutory decree dated 11th November 2003
entered in the above case. The facts briefly are that the parties agreed to
have the corpus in the action partitioned in terms of the evidence led at the
trial without any points of contest being raised. The plaintiff respondent, 2nd
defendant-respondent and the 4th defendant-petitioner gave evidence at the
trial. Subsequently judgement was entered followed by an interlocutory decree
to have the corpus partiti... read more
GALLELAW BLOGGER1 year ago
Partition- amendment of interlocutory decree
AMENDMENT
OF INTERLOCUTORY DECREE TO INCLUDE THE PLANTATION TO BE INCLUDED INTO A
PARTICULAR LOT- SECTION 33, 34 AND 35 of the Act- INSUFFICIENT EVIDENCE
(judgment details are appended at the foot) This is an application to revise
and set-aside the judgement and interlocutory decree dated 11th November 2003
entered in the above case. The facts briefly are that the parties agreed to
have the corpus in the action partitioned in terms of the evidence led at the
trial without any points of contest being raised. The plaintiff respondent, 2nd
defendant-respondent and the 4th defen... read more
GALLELAW BLOGGER1 year ago
SC
Appeal 63/2013 SC(HC) LA Application No.110/2012 High Court Colombo
ARB/388.2011 IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI
LANKA Hatton National Bank Limited Petitioner-Petitioner-Appellant Vs Sella
Hennadige Chandrasiri Respondent-Respondent-Respondent Before : Buwaneka
Aluwihare PCJ Sisira J De Abrew J Anil Gooneratne J Counsel : Palitha
Kumarasinghe President‟s Counsel for the
Petitioner-Petitioner-Appellant. Sajeevi Siriwardene with Sandamal Madurawela
for the Respondent-Respondent-Respondent Argued on : 13.7.2015 Written
Submissions te... read
more
GALLELAW BLOGGER1 year ago
AMENDMENT
OF PLEADINGS- synopsis of discussion held on 16.11.2015 at the Judges
Institute……. The purpose of amendment of pleadings is to facilitate the proper
adjudication of the disputes. The provisions relating to amendment of pleadings
are spelt out in Section 93 of the Code. Quite importantly, the original
Section 93 was amended twice once by Act No. 79 of 1988 and then by Act No.9 of
1991. The liberal approach towards amendment of pleadings was restricted by the
amendment. The object, the Legislature apparently aimed at achieving by
introducing amendments to section... read more
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
PARTITION - RIGHT OF REPRESENTATION
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
S.C
Appeal 125/2011 SC/HCCA/LA No. 300/2010 In the matter of an application for
Leave to Appeal under Section 5( C) of the High Court of the Provinces (Special
Provisions) Act No. 54 of 2006 Benthota Arachchige Kanthi Pushpa Ranjini
"Karunawasa", Kiralawelkatuwa, Embilipiriya. PLAINTIFF Vs.
Handagalage Dhammika Wajirapriya Sarathchandra Textiles Pallegama Embilipitiya.
DEFENDANT AND BETWEEN Handagalage Dhammika Wajirapriya Sarathchandra Textiles
Pallegama Embilipitiya. DEFENDANT-PETITONER Vs. Benthota Arachchige Kanthi
Pushpa Ranjini "Karunawasa", Kiralawelkatuwa, Embilipiriya.
PLAINTIF... read more
GALLELAW BLOGGER1 year ago
DOCRINE OF ULTRA VIRES, JUDICIAL REVIEW
GALLELAW BLOGGER1 year ago
ESTOPPEL - LANDLORD & TENANT $ 115 EVIDENCE
GALLELAW BLOGGER1 year ago
NOTICE OF APPEAL-LIBERAL INTERPRETATION
GALLELAW BLOGGER1 year ago
GALLELAW BLOGGER1 year ago
Cheque-
Forgery- responsibilities of the Banker and Customer read more
GALLELAW BLOGGER1 year ago
Initial burden on propounder of a WILL
Sri
Lanka Law Reports 2012 - Volume 2 , Page No - 179 - Testamentary Case -
Application for letters of administration - Last will tendered -Initial burden
on propounder of the will - Rational will - Due execution - Shocks conscience
of Court - Presumption of due execution - Suspicion? Omina praesumuntur rite
esse acta. Estate of one S was administered and the Petitioner R applied for letters.
Pending the determination of the application, a brother of the deceased
intervened in the action and claimed that the deceased had left a last will -
No- 3523 which he sought to prove in the ... read more
GALLELAW BLOGGER1 year ago
CRIMINAL
PROCEEDINGS ARE NOT MEANT FOR CONVERSION. A JUDGE WHO CONVERTS CRIMINAL
PROCEEDINGS INTO ANOTHER CHARACTER ACTS WITHOUT JURISDICTION. READ THE 4
RELEVANT JUDGMENTS TOGETHER... read more
GALLELAW BLOGGER1 year ago
Revision & Partition - CA decision 19.2.2021
Partition
Revision- forgery-Hand writing-latches-compromise-permissibility-section 12
declaration-Investigation of title-scheme of partition read more
GALLELAW BLOGGER1 year ago
plead
guilty to the charges in the Magistrate's Court. On 04.12.2009. A settlement
was entered to the effect that the entire amount of Rs. 2 million would be paid
by the accused-Petitioner by way of installments within 01 year. The
accused-petitioner could not pay the installments as agreed. On the day that
the settlement was entered the learned Magistrate made an order to the effect
that if the amount agreed by the accused-petitioner is not paid, she would be
sentenced to 06 months Rigorous Imprisonment in respect of each charge.
Legality? read judgment similar case read more
GALLELAW BLOGGER1 year ago
Proctor Seneviratne Murder case- Privy Council
The
accused in this was a Proctor of the S.C. The learned Judge, in the course of
his summing up, when dealing with the question whether the death was due to
homicide or suicide, told the jury that they should view the evidence under the
four heads of : motive, opportunity, means and conduct. He laid before them the
fact that the letters show a motive for suicide or a motive for taking an
overdose of chloroform' to frighten the appellant. He also said that the case
would be the first of its kind, apparently, in the British Empire, where murder
had been attempted by chloroform, and... read more
GALLELAW BLOGGER1 year ago
තෙස්තමේන්තු නඩු කාර්ය පටිපාටිය
GALLELAW BLOGGER1 year ago
READ
FULL JUDGMENT HERE -CLICK Viacom International Inc., sAMAYAWARENA j SC APPEAL
NO: SC/CHC/APPEAL/28/2003 The dominant element of the two marks – MTV – is
literally, phonetically and visually similar such as to cause confusion 46 in
the mind of the public and trade circles inter alia as to the source of the
services offered under each mark in that it could create the erroneous
impression that the 1st Respondent’s services are the services of the Appellant
or vice versa or that there is a connection between the 1st Respondent and the
Appellant in terms of services whe... read more
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INJUNCTIVE RELIEF AGAIST STATE
READ
FULL ARTICLE - CLICK TO ACCESS read more
GALLELAW BLOGGER1 year ago
Partition - Landmark Judgment - Somawathie vs
Madawala
Partition
- Landmark Judgment ( Followed for nearly 4 decades) A treatise by Justice J F
A Soza 1st Director of the Sri Lanka Judges Institute Somawathie vs Madawala
read online SOMAWATHIE v. MADAWELA AND OTHERS SUPREME COURT SHARVANANDA. J..
WANASUNDERA. J.. WIMALARATNE. J.. RATWATTE. J. AND SOZA. J. S.C. NO. 24/82.
S.C. NO. LA/23/82 C.A. APPLICATION NO. 399/7 7 D.C. KURUNEGALA NO. 3903/P
FEBRUARY 28 AND MARCH 01. 1983. *Partition-Finalityof interlocutory and final
decrees-Revision-When can **deed purporting io **conve* *divided blockbe created
as conveying undivided **int... read more
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SUBSTITUTION IN PARTITION SC & CA
Partition
Substitution (supreme Court) and Partition Substitution Court of Appeal and
docrine of stare decisis and concept of judgments made per incuriam read more
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Partition-
proof of original ownership of a land is not always placed at a very high
degree and as such the plaintiff should have been shown some leniency relating
to the proof of original ownership. read more
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PURGING DEFAULT- CPC 86 [2] ,86 [3], 87 [3] & 187
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contractual and delictual claims - Lex acquilia -
Dependants - Legal heirs - Difference? -
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LEGAL SYSTEM IN SRI LANKA...ARTICLE
A BRIEF
OVERVIEW OF THE LEGAL SYSTEM IN SRI LANKA IN RESPECT OF CLAIMS FOR NEGLIGENCE,
BODILY INJURY AND PROPERTY DAMAGE WITH REFERENCE TO INSURANCE. BINARA A.
GUNASEKERA (ATTORNEY-AT-LAW) *Read article online* *A BRIEF OVERVIEW OF THE
LEGAL SYSTEM IN SRI LANKA IN RESPECT OF CLAIMS FOR NEGLIGENCE, BODILY INJURY
AND PROPERTY DAMAGE WITH REFERENCE TO INSURANCE.* *BINARA A. GUNASEKERA*
*(ATTORNEY-AT-LAW)* *The Private Law in Sri Lanka* *The Law* The basic law
applicable in the various branches of Private Law of Sri Lanka is the
Roman-Dutch law. This system of law was first introduced in... read more
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Declaration
of title read more
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Evidence
pertaining to contemporaneous Recordings, Facebook, Whatsapp, Imo and
Webpages. read more
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tort- vicarious liability-proof of documents
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LAST WILL- HOW TO PROVE- WITNESSES
*IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA * *C.A.
609/98 F* *D.C. Panadura: 2386/T* *Kathrithantri Hewage* *Hitler Jayaweera
Peiris,* *“Srawasttri”* *Alubomulla.* *Petitioner-Appellant* *Vs*
*Kathrithantri Hewage* *Willington Dudley* *Peiris, “Pushpa”,* *Aruggoda,*
*Alubomulla.* *Respondent- Respondent* *Before: A W A Salam, J.* *Counsel:
D.S.Wijesinghe P.C with C.Ladduwahetti for the petitioner-appellant and Riza
Muzni with David Weeraratna for the respondent-respondent. * *Written
Submissions Filed o... read more
GALLELAW BLOGGER1 year ago
PARTITION-SETTLEMENT-VACATION OF THE SETTLEMENT
WITHOUT NOTICE TO A PARTY-CONSEQUENCES
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Partition- Preliminary plan- Section 16
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Law of Bail - an indepth analysis
GALLELAW BLOGGER1 year ago
Is a constructive trust affected by a partition
decree .....
GALLELAW BLOGGER1 year ago
The
Plaintiffs have not made the minors parties to the action notwithstanding they
seek Judgment in favour of themselves and the minors. read more
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WHEN CLIENTS SOMETIMES DISOWN THEIR ATTORNEYS.....
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Appeal - failure to give notice to all the parties-
discretion vested in court to cure the defect
GALLELAW BLOGGER1 year ago
https://docs.google.com/presentation/d/0B7WCbCktO9SOb1QyTU1TNlhidldpQTRfeVNfQ0c4LUlrZmVJ/edit?resourcekey=0-3Ze6oBg6VLGSHLRR95Z_0g#slide=id.p1 read more
GALLELAW BLOGGER1 year ago
From Galle Law Journal of July 2014
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PARTITION LAW NO 21 OF 1977 CONSOLIDATED VERSION
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Law of Partition- Justice T B Weerasuriya Former
Judge of the Supreme Court
GALLELAW BLOGGER1 year ago
of
the read more
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Blogger Buzz2 years ago
A better Blogger experience on the web
Since
1999, millions of people have expressed themselves on Blogger. From detailed
posts about almost every apple variety you could ever imagine to a blog
dedicated to the art of blogging itself, the ability to easily share, publish
and express oneself on the web is at the core of Blogger’s mission. As the web
constantly evolves, we want to ensure anyone using Blogger has an easy and
intuitive experience publishing their content to the web. That’s why we’ve been
slowly introducing an improved web experience for Blogger. Give the fresh
interface a spin by clicking “Try the New Blog... read more
Blogger Buzz4 years ago
An update on Google+ and Blogger
Following
the announcement of Google+ API deprecation scheduled for March 2019, a number
of changes will be made to Blogger’s Google+ integration on 4 February 2019.
*Google+ widgets:* Support for the “+1 Button”, “Google+ Followers” and
“Google+ Badge” widgets in Layout will no longer be available. All instances of
these widgets will be removed from all blogs. *+1 buttons:* The +1/G+ buttons
and Google+ share links below blog posts and in the navigation bar will be
removed. Please note that if you have a custom template that includes Google+
features, you may need to update ... read more
Blogger Buzz5 years ago
It’s spring cleaning time for Blogger
To make
room for some exciting updates coming soon to Blogger, we’re simplifying the
platform to enhance the blogging experience for all of our users. Changes to
existing features in Blogger *(rolling out over the next few months)*: -
*Google+ Integrations:* Throughout the next few months, Blogger will transform
Google+ widget integrations into HTML widgets to give you more flexibility in
how you share and see your followers. - *OpenID:* Blogger previously allowed
users to comment on blogs using an existing third party OpenID identity
provider and has also acted as ... read more
Blogger Buzz6 years ago
Share your unique style with new Blogger themes
If
you’re one of the millions of people who uses Blogger to share your views on
current affairs, teach the world how to make sushi, or just offer a peek into
your day, then you know how important it is to be able to put your personal
stamp on your blog. After all, your blog isn’t just a place you share, it’s a
reflection of who you are and the impression you’d like to leave with your
readers. To make it easier for you to express your unique style, we’ve created
a new set of blog themes for you to choose from. Each theme comes in a variety
of colors, is fully customizable, and can be... read more
Blogger Buzz6 years ago
A first few tweaks toward a better Blogger
From
New York to Jakarta, Blogger is one of the most popular ways to publish the
things you’re passionate about. Still, we’ve heard that there’s more we can do
to make the platform a better place to have your unique voice be heard. So
we’ll be making some adjustments over time to bring you a faster, easier to use
and more beautiful Blogger. To kick things off, we’ve taken a crack at
simplifying Blogger’s dashboard so that it’s easier for you to get right to the
tools you need. Now, whenever you open Blogger, you’ll be taken right to your
blog with the most recent post, putting you o... read more
Blogger Buzz6 years ago
More custom template flexibility
Last
May, we added some expressions to our templating language to make it easier for
you to customize your blog’s look and feel. These new expressions proved popular
with those of you who enjoy advanced blogging tools, so we wanted to offer you
even more flexibility. Starting today, we’re introducing a new set of
operators, which we’re calling lambda expressions, that allow you to apply
rules to whole sets of data (think posts, comments, or labels), rather than
just individual instances. Let’s say you wanted to add a flower image to all
posts with the label “Flower,” for example. ... read more
Blogger Buzz7 years ago
Keep your readers interested with the AdSense Guide
to Audience Engagement
Today,
information is at our fingertips and we can access it from anywhere on any
device. Just a few taps pull up millions of websites all competing for our
attention. For bloggers, engaging with your audience has never been more
important or more challenging. To help lay the foundation to a winning
engagement strategy, the AdSense team created the AdSense Guide to Audience
Engagement. Research shows that 29% of smartphone users will immediately switch
to another site or app if it doesn’t satisfy their needs. To help keep your
audience engaged, get your free copy of the AdSense... read more
Blogger Buzz7 years ago
Bringing HTTPS to all blogspot domain blogs
*[Cross-posted
from the Google Security Blog]* HTTPS is fundamental to internet security; it
protects the integrity and confidentiality of data sent between websites and
visitors' browsers. Last September, we began rolling out HTTPS support for
blogspot domain blogs so you could try it out. Today, we’re launching another
milestone: an HTTPS version for every blogspot domain blog. With this change,
visitors can access any blogspot domain blog over an encrypted channel. The
HTTPS indicator in the Chrome browserAs part of this launch, we're removing the
HTTPS Availability setting. Even ... read more
GALLELAW BLOGGER1 year ago
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PARTITION - PRELIMINARY STEPS - HON MANJULA
KARUNARATNA DISTRICT JUGGE
GALLELAW BLOGGER2 years ago
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AQUILLIAN ACTION- PECUNIARY DAMAGES-LOSS OF LOVE AND
AFFECTION- LEGAL INTEREST
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LEAVE
AND LICENCE- EJECTMENT Plaintiff's action for ejectment of the defendant should
fail for want of identification of the corpus for in a declaration of title
case the plaintiff is duty bound to prove the identity of the land By plaint
dated 27 October 1992, the plaintiff (presently deceased) filed action for the
ejectment of the defendant (presently deceased) from the two rooms forming part
of the premises bearing assessment No 65, De Waas Lane, Grandpass. As pleaded
in the plaint the stance adopted was that the plaintiff let premises bearing
assessment No 65/1/1, De Waas Lane, ... read more
GALLELAW BLOGGER6 years ago
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THE NOBLE EIGHT-FOLD PATH AND THE JUDICIAL PROCESS
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State Land - Land development ord- right of way
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STATE LAND AND SECTION 66 DISPUTES
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FOR SIMIILAR JUDGMENTS CLICK ARROW ABOVE ON THE LEFT
SIDE OF G+1rei-vindicatio-ldo permit-ayupala
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FOR SIMIILAR JUDGMENTS CLICK ARROW ABOVE ON THE LEFT
SIDE OF G+1rei vindicatio - LDO- JAYALATH
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FOR SIMILAR JUDGMENTS CLICK ARROW ABOVE ON THE LEFT
SIDE OF G+1rei vindicatio - LDO PERMIT-
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*1954
**Present**: Gratiaen J. and Fernando A. J.* *D. P. PALISENA Vs* *K. K. D.
PERERA**,* *56 New Law Reports* Page 407 *Land Development Ordinance (Cap.
320)-Permit-holder-His right to maintain actio rei vindicatio. * A
permit-holder under the Land Development Ordinance enjoys a sufficient title to
enable him to maintain a vindicatory action against a trespasser. , 1954.
*GRATIAEN J.* On 24th January 1947 the Government Agent of the Sabaragamuwa
Province issued in favour of the plaintiff a permit under the provisions of the
Land Development Ordinance (Cap. 320), in respect... read more
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rule 3 of the Supreme Court - applicability to the
applications filed in the PROVINCIAL HIGH COURT
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STATE LAND - WHETHER PROVINCIAL HIGH COURT HAS
JURISDICTION TO ISSUE A WRIT
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DOUBLE MURDER- QUANTUM OF PROOF- CONVICTION- PAUCITY
OF EVIDENCE- IMPROPRIETY OF THE CONVICTION
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CONFISCATION - AN ESSAY (SINHALA)
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66 decided cases summary table - AUTHORITIES CITED
ARE ACCESSIBLE ONLINE
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P C P Act 44 of 1979 Section 66 - decided case
reference- on line accessible-hyperlinked
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REI-VINDICATO-PROOF OF TITLE- BURDEN-PROOF OF DEEDS-
EVIDENCE ORD- CLICK ON THE BOX BELOW TO VIEW
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violation of fundamental rights- click on the box
below to view the judgment
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VICARIOUS LIABILITY- PROOF DOCUMENT CLICK ON THE BOX
BELOW
GALLELAW BLOGGER8 months ago
SECTION 66 APPLICATIONS- DECIDED CASES
CLICK
Ctrl and f , then type name of one party of the desired case and press enter to
access a particular judgmenteg: Ctrl+f Punchinona enter The following judgments
are included in this folder...any judgment can be viewed separately.... TYPE CTRL
WITH f AND THEN TYPE THE NAME OF A PARTY FROM THE FOLLOWING LIST AND THEN PRESS
"ENTER" 1. PUNCHI NONA v. PADUMASENA 2. ABEYGUNASEKERA v.SETUNGA AND
OTHERS 3. IQBAL v. MAJEDUDEEN AND THERS 4. TUDOR v. ANULAWATHIE AND THERS 5.
DAYANANDA v. THALWATTE 6. ALI VS ABDEEN 7. GANDHI v.MUBARAK 8. KULAPALA AND
ANOTHER v.SOMAWATHIE 9. K... read more
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PART 1- PRIMARY COURT PROCEDURE ACT SECTION 66 - SOME
DECIDED CASE -
CLICK
Ctrl and f , then type name of one party of the desired case and press enter to
access a particular judgmenteg: Ctrl+f kanagasabai enter S. A. KANAGASABAI, VS
M. K. MYLWAGANAM.1PARAMASOTHY v NAGALINGAMARLIS V. ABEYNAYAKERAMALINGAM vs
THANGARAJAHLOKU BANDA vs UKKU BANDAWEERASINGHE v. SEPALA O.I.C Kotahena Vs.
DEWASINGHEDAVID APPUHAMY vs YASSASSI THEROJAMIS VS KANNANGARA RATNAYAKE VS
PADMINI DE SILVA S. A. KANAGASABAI, Petitioner, and M. K. MYLWAGANAM. 78 NLR
280 1976 Present : Sharvananda, J., and Wanasundera, J. S. C. Application
471/76-M.C. Colombo 42282/1 Adm... read more
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ARBITRATION ACT SECTION 31- sc_appeal_63_2013ed
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REI VINDICATIO AND POSSOSSORY ACTIONS
REI
VINDICATIO AND POSSOSSORY ACTIONS -SOURCE Dr Wijedasa Rjapakse PC -some
authorities can be viewed online CHAPTER XIV REI VINDICATIO ACTIONS 1.
Introduction Rei vindicatio or, reclame is the action which arises under the
heading of the property law. It lies for the owner of anything movable or
immovable, corporeal or incorporeal, against the possessor or any person who
has mala- fide divested him of the possession to deliver it up to the owner
with all its fruits then in existence and those which the mala-fide possessor
has already enjoyed or might have enjoyed under the deduction,... read more
GALLELAW BLOGGER6 years ago
PREPAYMENT
ORDER *IN THE COURT OF APPEAL OF THE DEMOCRATIC * *SOCIALIST REPUBLIC OF SRI
LANKA* C.A. No. 624/2001(F) D.C. Colombo Case No. 17515/L Janeetha Martel Loren
Perera nee Coorey of No. 8, Block M. Government Flats, Bambalapitiya, Colombo
4. *Plaintiff-Appellant* Vs. 1(a) Weerasinghe Arachchige Amarawathie 2(a)
Karunawathie Ranasinghe 3(a) M.W. Dharmawathie 4(a) Princy Priyadarshanie
Perera 5. Henry Lenard Perera All of No. 1600, Cotta Road, Colombo 8.
*Defendant-Respondents* Before : * W.L.R. Silva, J. and* *A.W.A. Salam, J.*
Counsel ... read more
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application to purge default- partition- opinion of
the Judge as to the evidence adduced
Fraad
Vs Brown 20 NLR 282 wherein Privy Council stated thus: “It is rare that a
decision of a Judge so express, so explicit upon a point of fact purely, is
overruled by a Court of Appeal, because the Courts of Appeal recognize the
priceless advantage which a Judge of first instance has in matters of that kind,
as contrasted with any Judge of a Court of Appeal, who can only learn from
paper or from narrative of those who were present. It is very rare that,
questions of veracity so direct and so specific as these, a Court of Appeal
will over-rule a Judge of first instance”. Alwis Vs... read more
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CPC 86(2) - can an affidavit under 86 of the cpc be
sworned before the petitioners lawyer.
Section
86 (2) of the CPC. An affidavit sworn before deponent’s own lawyer is not
acceptable and strict compliance with Section 86(3) of the Civil Procedure Code
is essential to enable a party to proceed to the very end of his case. SC CHC
8/2007 Merchant Bank of Sri Lanka Ltd., PLAINTIFF Vs. Deguruge Nihal Perera
BEFORE: B.P. Aluwihare P.C., J. Upaly Abeyrathne J. & Anil Gooneratne J.
ARGUED ON: 14.08.2015 DECIDED ON: 03.11.2015 GOONERATNE J This appeal refers to
an order refusing to purge default, in an application made to the High Court of
Wes... read more
GALLELAW BLOGGER6 years ago
NOTICE OF APPEAL- FAILURE TO CITE A PARTY- IS IT
CURABLE
Having
considering the authorities cited above, I hold that failure to comply with
section 755(1) by not citing the 2nd Substituted Plaintiff as a Respondent in
the Notice of Appeal and in the Petition of Appeal is a curable defect under
sections 759 (2) and section 770 of the Civil Procedure Code. I set aside the
judgment in the High Court ( Civil Appeal), Kegalle in case No. 639/2009. IN
THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the
matter of an Application for Leave to Appeal under the provisions of the High
Court of the Provinces (Special Provision... read more
GALLELAW BLOGGER6 years ago
Shelton
Upali Paul Vs EG Dayananda SC Appeal 5/2011 SC/HCCA/LA 196/2010
WP/HCCA/Mt/90/08/RA DC Mt. Lavinia Case No.2667/M Saleem Marsoof PC, J
Priyasath Dep PC, J Sisira J De Abrew J Decided on : 12.12.2014 Learned counsel
for the Plaintiff-Appellant contended that the Defendant- Respondent could not
have invoked the revisionary jurisdiction of the High Court when he has a right
of appeal under Section 88(2) of the CPC. It is a well established principle
that a litigant who has a right of appeal cannot invoke the revisionary
jurisdiction of the Superior Court unless there are e... read more
GALLELAW BLOGGER6 years ago
SC.HC.CA.LA
No. 268/11 Flexport (Pvt) Limited VS Commercial Bank of Ceylon Limited In terms
of section 86 (2) of the CPC the reckoning of the period of 14 days should be
done regarding The provisions of section 8 (1) of the interpretation Ordinance.
Accordingly, if the last date on which the application has been made falls on a
day on which the court is closed then the application would be taken as duly
filed if the person affected by the ex parte decree files the same on the next
day thereafter on which the court or office is open. In Ceylon Brewery Ltd., v.
Jax Fernando, Pro... read more
GALLELAW BLOGGER6 years ago
*C.A.
Writ No. 85 / 2013 * *Billion Bay Apparels (Pvt) Ltd.,* *-Vs-* *1. **Chief
Minister,* Sabaragamuwa Provincial Council, *2. **Secretary,* Sabaragamuwa
Provincial Council, *3. **Minister of Trade, * *4. **Divisional Secretary –
Aranayake,* *5. **Provincial Land Commissioner,* Ratnapura. *6. **Commissioner
General of Lands,* Land Commissioner’s Department, *7. **Hon. Attorney
General,* *Respondents* *BEFORE :Vijith K. Malalgoda, P.C. J, (P/CA) *and
... read more
GALLELAW BLOGGER6 years ago
SHORT
TITLE. 1. This Law may be cited as the Partition Law. INSTITUTION OF PARTITION
ACTION AND INCIDENTAL PROCEDURE 2. Where any land belongs in common to two or
more owners, any one or more of them, whether or not his or their ownership is
subject to any life interest in any other person, may institute an action for
the partition or sale of the land in accordance with the provisions of this
Law. 1. KARUNARATNE VS. RANASINGHE HAMINE SLR - 1993, Vol :1, Page: 299 2.
UDALAGAMA AND OTHERS v. KEMPITIYA SLR - 2002, Vol :3, Page: 1 3. ANGELA
FERN... read more
GALLELAW BLOGGER6 years ago
Court
of appeal case no. CAJPHC/APN 35/2016 H.C. Kaluthara case no. 500/05
Haputhanthri Gamage Don Nilantha Dias Kariyaewasam, Vs. The Hon. Attorney
General, Before : H.C.J.Madawala J. L.T.B. Dehideniya J. Decided on :
07.10.2016 L.T.B. Dehideniya J. This is a revision application from an order of
the learned High Court Judge of Kaluthara. The facts of this application are
briefly as follows. The Accused Petitioner (the Petitioner) was indicted in the
High Court of Kaluthara on a charge of criminal breach of trust punishable
under section 388 of the Penal Code read with section 5(1) o... read more
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ENHANCING THE INDEPENDENCE OF THE JUDICIARY
http://www.dailymirror.lk/101399/enhancing-public-confidence-in-judiciary-through-judicial-independence read more
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ENHANCING THE INDEPENDENCE OF THE JUDICIARY
http://www.dailymirror.lk/101399/enhancing-public-confidence-in-judiciary-through-judicial-independence read more
GALLELAW BLOGGER6 years ago
ENHANCING THE INDEPENDENCE OF THE JUDICIARY
http://www.dailymirror.lk/101399/enhancing-public-confidence-in-judiciary-through-judicial-independence read
more
GALLELAW BLOGGER6 years ago
IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA Case No. CA
10632/2000 (F) D.C. ( Kagalle). 228/T Ganegedallage Mudiyanse Pinnagolla,,
Kagalle. Intervenient-Petitioner- Appellant Vs ... read more
GALLELAW BLOGGER6 years ago
LAST WILL-REVISION TO CHALLENGE THE FINDINGS- DELAY
LAST
WILL-REVISION TO CHALLENGE THE FINDINGS- DELAY The revisionary jurisdiction
INVPKED A lapse of 4 months and 22 days. Explaining the reasons for the delay
the petitioner states that the wedding of his daughter was scheduled to be held
on 14 November 2002 and as such he was busy preparing for the same and
therefore could not take steps to prefer an appeal against the said judgment.
As the wife of the 1st intervenient-petitioner was an asthmatic who also
suffered from hypertension for a long time and was under ... read more
GALLELAW BLOGGER6 years ago
INTERPRETATION OF LAST WILL-RESIDUE
PROPERTY-MISDIRECTION
INTERPRETATION
OF LAST WILL-RESIDUE PROPERTY-MISDIRECTION CLICK RVSION AFTR 8 YRS, PANADURA
LAWYERS WILL Abdul Salậm J. This judgement arises on the appeal preferred by
the plaintiff-appellants against the judgement of an additional district judge
of Colombo, dismissing the action for declaration of title, damages and
ejectment of the defendant-respondent. The dismissal came to be made, inter
alia on the ground that the plaintiff-appellants are not the owners of the
entirety of the subje... read more
GALLELAW BLOGGER6 years ago
PANADURA
LAWYER'S LASTWILL- WILL POSITIVELY ESTABLISHED- AUTHOR ACKNOWLEDGED AND
APPROVED BY THE TESTATRIX BY HER PRIOR AND SUBSEQUENT CONDUCT. THE RESPONDENT
HAS NOT RAISED ANY QUESTION CONCERNING HER KNOWLEDGE AND APPROVAL OF THE
CONTENTS OF THE WILL, EXCEPT A VAGUE DEFENCE OF UNDUE INFLUENCE.THE FALSITY OF
THE EVIDENCE GIVEN BY THE RESPONDENT NOT BEING TAKEN INTO ACCOUNT BY THE
DISTRICT JUDGE IN EVALUATING THE WEIGHT ATTACHED TO THE DEFENCE. FURTHER TO
EVALUATE THE EVIDENCE OF THE RESPONDENT WITH A CRITICAL APPROACH. DR
AMRASINGHA'S LASTWILL CLICK RVSION AFTR 8 YRS, ... read more
GALLELAW BLOGGER6 years ago
AMENDMENT OF INTERLOCUTORY DECREE-INSUFFICIENT
EVIDENCE-
This is
an application to revise and set-aside the judgement and interlocutory decree
dated 11th November 2003 entered in the above case. The facts briefly are that
the parties agreed to have the corpus in the action partitioned in terms of the
evidence led at the trial without any points of contest being raised. The
plaintiff respondent, 2nd defendant-respondent and the 4th defendant-petitioner
gave evidence at the trial. Subsequently judgement was entered followed by an
interlocutory decree to have the corpus partitioned. Accordingly the 4th
defendant- petitioner was declare... read more
GALLELAW BLOGGER6 years ago
THE
APPELLANTS HAVE ALSO COMPLAINED THAT THE 17TH DEFENDANT-RESPONDENT WHO GAVE
EVIDENCE ON BEHALF OF THE PLAINTIFF-RESPONDENT WAS NOT IN POSSESSION OF THE
CORPUS AND THAT THE QUESTIONS PUT TO HER IN EVIDENCE IN CHIEF, WERE ALL LEADING
QUESTIONS WHICH SUGGESTED THE ANSWERS. AS THE APPELLANTS WERE REPRESENTED, WHEN
THE 17TH DEFENDANT-RESPONDENT GAVE EVIDENCE AND HAD FAILED TO OBJECT TO LEADING
QUESTIONS BEING PUT TO THE WITNESS, THEY CANNOT BE NOW HEARD TO COMPLAIN ON
THAT MATTER. THE LAND SURVEYED AT THE PRELIMINARY SURVEY CONSISTENT WITH THE
CORPUS DISCLOSED IN THE PLAINT-IDENTITY ... read more
GALLELAW BLOGGER6 years ago
revision - the extent to which the conduct of parties
is relevant - PARTITION- SCHEME
revision
- the extent to which the conduct of parties is relevant Revision is a
discretionary remedy and the conduct of the petitioner is intensely relevant
for the granting of such relief. (Perera vs People's Bank - Bar Journal (1995)
Volume IV part I page 12). Noticeably, the application for confirmation of the
scheme of partition has been jointly made by both parties. As such in the
absence of any proof that a fundamental rule of procedure, as set out in the
Partition Act has been violated by the learned district judge in confirming the
scheme of partition, the question of inte... read more
GALLELAW BLOGGER6 years ago
Right of access over the corpus IN A PARTITION
ACTION.CONSIDERATION
Right
of access over the corpus IN A PARTITION ACTION.CONSIDERATION *IN THE COURT OF
APPEAL OF THE DEMOCRATIC * *SOCIALIST REPUBLIC OF SRI LANKA. * C.A. Appeal No.
571/99 (F) D.C. Avissawela No. 1873/P Kithsiri Balasuriya Siril and Rajapakse
Kanthi Sunethra Rajapakse, Medagoda, Amithirigala *3rd and 4th
defendant-appellants * Vs Kalthotage Jayaratna, Medagoda, Amithirigala
*Plaintiff-respondent* Kanatta Badahalage Baby Nona Kanatta Badahalage Emali
Nona Medagoda, Amithirigala *D... read more
GALLELAW BLOGGER6 years ago
PARTITION-
IMPORTANCE OF IDENTIFYING THE CORPUS-PRESCRIPTION *PARTITION- PRESCRIPTIVE
TITLE- NECESSITY OF IDENTIFYING THE CORPUS BY THE DISTRICT JUDGE* *In the Court
of Appeal of the Democratic Socialist* *Republic of Sri Lanka* Abeywansha
Leelanatha Wettasinghe No. 101, Newdawa, Alubomulla. ... read more
GALLELAW BLOGGER6 years ago
PARTITION- NON SERVICE OF SUMMONS- SHOULD THE ID BE
SET ASIDE-CONSIDERATION APPLICABLE
PARTITION-
NON SERVICE OF SUMMONS- SHOULD THE ID BE SET ASIDE-CONSIDERATION APPLICABLE
Failure to serve summons is a failure which goes to the root of the
jurisdiction - Service of summons CONFERS jurisdiction TO RESOLVE THE DISPUTE.
It is well settled law that judgments entered without service of summons is a
nullity. However, the decision in the case of Ittapana cannot be said to apply
to the facts of this case to justify the order of court setting aside the
interlocutory decree. Salem Vs. Salim 69 NLR 492 EMPHASISES THAT a court of
justice will not permit a suitor to suffer by ... read more
GALLELAW BLOGGER6 years ago
TRUST
TRUST 786 It is well-known that in a developing society the proper application
of the law of trust based on legal principles and equitable consideration can
play a vital role in the economic development and proper dispensation of
justice. The law of trust as is applied today in our country is a combination
of equitable considerations mixed with legal principles. It may not be sensible
to go into the historical background in which the law of trust came to be
introduced into our legal system because of the time restrain. As you all know
the very first legislation enacted in fi... read
more
GALLELAW BLOGGER6 years ago
PC
86(2)- RESULTANT DELAY BY REASON OF INTERVENING APPEALS-NEED TO REMEDY THE
SITUATION-OBITER- FAILURE TO ADDUCE REASONS FOR THE DEFAULT- CONSEQUENCES is
always inordinate delay in the finaldispoThere sal of cases where the
intervening right of appeal granted under 88(2) of the CPC is exercised . These
appeals are also usually listed and taken up for argument along with other
appeals, unless accelerated. Timely intervention of the legislature has now
become necessary to remedy this injustice. The legislature therefore should
take such a policy decision and lay down guideline... read more
GALLELAW BLOGGER6 years ago
*IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA* In the
matter of an application for Revision. Dampelessa Mudiyanselage
*Plaintiff-Petitioner* C.A.Rev. 224/2003 D.C. Kuliyapitiya No. 10599/P Vs.
Imihamilage Podi Menika AND OTHERS *Defendant-Respondents* *C.A.** 224/2003** :
D.C. Kuliyapitiya 10599/P* *Before* : *A.W.A. Salam, J.* *Counsel* : R... read more
GALLELAW BLOGGER6 years ago
ERROR COMMITTED BY THE D.J. SECTION 189- POWERS
CONFERRED TO CORRECT SUCH MISTAKES
ERROR
COMMITTED BY THE D.J. SECTION 189- POWERS CONFERRED TO CORRECT SUCH MISTAKES
DISTRICT JUDGE HAS CLEARLY COMMITTED A CLERICAL MISTAKE IN ALLOTTING SHARES IN
HIS JUDGMENT. AS SUCH, THE PETITIONER OR ANY OTHER PARTY OR THE DISTRICT JUDGE
HIMSELF SHOULD BE ENTITLED TO INVOKE THE POWERS OF COURT UNDER SECTION 189 OF
THE CIVIL PROCEDURE CODE. In the matter of an application for revision under
Section 753 of the Civil Procedure Code and/or Restitutio in integrum in terms
of Article 138 of the Constitution of Sri Lanka. C.A. Rev.No.1567/2002 D.C.
Horana 5973/P... read more
GALLELAW BLOGGER6 years ago
PARTITION- ID OBTAINED BY MEANS FRAUD-COURT TAKEN TO
TASK-LIABILITY OF THE JUDGMENT TO SET ASIDE
PARTITION-
ID OBTAINED BY MEANS FRAUD-COURT TAKEN TO TASK-LIABILITY OF THE JUDGMENT TO SET
ASIDE *OBTAINING INTERLOCUTORY DECREE IN PARTITION CASE MISLEADING COURT,*
*MANIPULATIVELY IMPRESSING UPON COURT THAT THEY HAD A VALID TITLE TO THE
PROPERTY IN QUESTION AND THAT THE COMMON POSSESSION BETWEEN THEM WAS IMPRACTICABLE*
* - *maxim *“Lex non logit ad impossibilia”-* protection given to partition
decrees from being attacked on the grounds of fraud, collusion, omissions,
defects, and of the failure to make “persons concerned" parties to the
action *should not* *be construed* as a li... read more
GALLELAW BLOGGER6 years ago
PARTITION-EFFECT
OF EXCLUSION-RES JUDICATA-EVIDENCE REQUIRED TO ACQUIRE PRESCRIPTIVE TITLE TO A
LOT EXCLUDED IN AN EARLIER PARTITION CASE The uncontroverted testimony of the
1st plaintiff which has been accepted by the learned district judge points to
the subject matter being co-owned by the plaintiffs and the three defendants.
The surveyor's report shows that the improvements other than buildings A2, B, C
and D2 have been claimed and counter claimed by the plaintiffs and the
defendants. No points of contests have been suggested with regard to the
improv... read more
GALLELAW BLOGGER6 years ago
RESTITUTIO INTERGRUM- NOT AVAILABLE TO A PERSON WHO
IS NOT A PARTY TO A CASE
*RESTITUTIO
INTERGRUM- NOT AVAILABLE TO A PERSON WHO IS NOT A PARTY TO A CASE* The remedy
of restitutio in integrum can only be availed of by one who is actually a party
to the contract or legal proceeding in respect of which restitution is
desired"- PER WIALACHNDRA, J Abdus Salm, J. The petitioner has filed the
present application in revision to have the trial proceedings in partition
action No 12578/P in the district Court of Kandy and the judgment and
interlocutory decree entered in the case set aside and to obtain an order of
court to have the petitioner added as a party de... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2011 - Volume 1 , Page No - 171 *Lanka Law Reports* *171*
*KARUNAWATHIE V. PIYASENA & OTHERS* SUPREME COURT DR. SHIRANI A.
BANDARANAYAKE, C.J., SRIPAVAN, J. AND IMAM, J. S.C. APPEAL NO. 09 A/ 2010 S.C.
(HC) CA LA NO. 30912009 SP/HCCA/KAG/283/2007 (F) D.C. KEGALLE NO. 24119/P JULY
7TH, 2011 *Civil Procedure Code - Section 760A -Death or change of status of
party to appeal - Supreme Court Rules, 1990 -Rule 38 -Records which haw become
defective bg reason of the death or change of status of a party to the
proceedings in an application before the Supreme Court or Co... read more
GALLELAW BLOGGER6 years ago
*Sri
Lanka Law Reports *2013 - Volume 1 , Page No - 346 *346* *JANE NONA AND OTHERS
VS. SURABIEL AND OTHERS* COURT OF APPEAL CHITRASIRI J. CA 499/98 & 499A/98
DC HORANA 231/P MAY 28,2013 JUNE 3, 2013 *Partition Law 21 of 1977 as amended
by Act, No.17 of 1997 Sections 48, 81 - Substitution - Judgment delivered
without substituting heirs - Some parties died whilst case was pending in the
trial Court -Application to send case back to the trial Court for retrial -
Refused - Was the decision given in Karunawathie Vs. Piyasena [S.C.] made per
incuriam? - Starre Decisis. * *Held:* (... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 346 *FOR KARUNAWATHIE VS
PIYASENA*
*http://gallelaw2016.blogspot.com/2016/10/partition-civil-procedure-code-section.html*
*Sri Lanka Law Reports* *346* *JANE NONA AND OTHERS VS. SURABIEL AND OTHERS*
COURT OF APPEAL CHITRASIRI J. CA 499/98 & 499A/98 DC HORANA 231/P MAY
28,2013 JUNE 3, 2013 *Partition Law 21 of 1977 as amended by Act, No.17 of 1997
Sections 48, 81 - Substitution - Judgment delivered without substituting heirs
- Some parties died whilst case was pending in the trial Court -Application to
send case back to the tria... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 346 *Sri Lanka Law Reports* *346*
*JANE NONA AND OTHERS VS. SURABIEL AND OTHERS* COURT OF APPEAL CHITRASIRI J. CA
499/98 & 499A/98 DC HORANA 231/P MAY 28,2013 JUNE 3, 2013 *Partition Law 21
of 1977 as amended by Act, No.17 of 1997 Sections 48, 81 - Substitution -
Judgment delivered without substituting heirs - Some parties died whilst case
was pending in the trial Court -Application to send case back to the trial
Court for retrial - Refused - Was the decision given in Karunawathie Vs.
Piyasena [S.C.] made per incuriam? - Starre ... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2008 - Volume 2 , Page No - 87 *Sri Lanka Law Reports* *87*
*KARUNARATNE AND ANOTHERvLINGAM AND OTHERS* COURT OF APPEAL ABDUL SALAM,J. CA
830/2003(F) DC WELIMADA 115/L FEBRUARY 10,2004 *Civil Procedure Code - Case
laid by - Subsequently case restored to the trial roll -Appeal? Is it a final
order? Restoring to Trial roll - Duties on Court?* *Held:* (1) The impugned
order cannot be identified with a single characteristic of a final order. (2)
In the event of a case being laid by ,the duty of restoring it to the trial
roll is cast on the District Ju... read more
GALLELAW BLOGGER8 months ago
Sri
Lanka Law Reports 2009 - Volume 1 , Page No - 159 *Sri Lanka Law Reports* *159*
*KANAGALINGAMvsJEGATHESWARAN AND ANOTHER* COURT OF APPEAL RANJITH SILVA. J
SALAM. J CA(PHC) 13/2005 PHC Colombo 96/2002 FEBRUARY 11, 2009 *Primary Court
Procedure Act - Can a tenant make a Section 66 application? - Judicature Act
No.2 of 1978 - Is the Primary Court prevented from entertaining a Section 66
application where the parties stand in the relationship of tenant and landlord?
- Agricultural Lands Law 42 of 1973 - Agrarian Services Act - 58 of 1979 -
Urban Development Projects (Specia... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2009 - Volume 1 , Page No - 174 *Sri Lanka Law Reports* *174*
*GUNASINGHEvsPODIAMMA AND OTHERS* COURT OF APPEAL ABDUL SALAM, J. CA 1782/2002
(REV.) DC KULIYAPITIYA 7466/P AUGUST 25, 2008 *Partition Law - Part of a larger
land partitioned? - Discrepancy in the extent in the plaint and in the
preliminary plan - Investigation of title - Duty of Court - Proof of original
ownership -Degree ofproof? - Lis pendens.* The petitioner seeks to revise the
judgment on the ground that, the District Court had failed to take into
consideration the fact that what was sought to ... read more
GALLELAW BLOGGER6 years ago
C.A(PHC)
Application No. 58/201 H.C.Ratnapura BA 31/2007 M.C.Ratnapura No.B 1530/2005
Wellivita Arachchige Chandrika and Hon Attorney General A. W. A. Salam J, Sunil
Rajapakse J., Dr Ranjith Fernando with Samanthi Rajapakse for the petititioner
and Samadasi Piyasena SSC for the respondents. Sunil Rajapakse J., This
revision application has been filed by the petitioner in respect of the order
of the learned High Court Judge of Ratnapura dated 14.09.2013, cancelling the
subsisting bail order, granted to the suspect appellant. Having cancelled the
subsisting bail order, the lear... read
more
GALLELAW BLOGGER6 years ago
PARTITION ACTIONS- JUSTICE T B WEERASURIYA JUDGE OF
THE SUPREME COURT
PARTITION
ACTIONS Hon. Justice Weerasuriya Retired. Judge of the Supreme Court PARTITION
ACTIONS The Roman Dutch Law was made the common Law by the British by a
Proclamation in 1799. After the said Proclamation, the Roman Dutch Law of
Partition became applicable to the Island. Subsequently, several enactments had
been promulgated to regulate the procedure for partition actions. The first of
such enactment was the Ordinance No.21 of 1844. The provisions of this
Ordinance were meant to provide co-owners with a more certain and definite
method of dividing their properties held in co... read more
GALLELAW BLOGGER6 years ago
https://drive.google.com/open?id=0B9D-wFJ_xfuFNW9hRW1Mc2p3TU0 read
more
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INTELLECTUAL
PROPERTY RIGHTS A. 961/91(F) The rule is that wherever there is a particular
enactment and a general enactment in the same statute, and the latter taken in
its most comprehensive sense, would overrule the former, the particular
enactment must be operative, and the general enactment must be taken to affect
only the other parts of the statute to which it may properly apply. Wherever
two parts of a statute are contradictory, the court endeavours to give a
distinct interpretation to each of them, by looking at the context.” Where an
act of Parliament contains two sets of ... read more
GALLELAW BLOGGER6 years ago
SECTIONS
92 AND 24 OF THE CPC- 114 OF THE EVIDENCE ORD - POWERS OF THE LAWYER AFTER
APPOINTMENT IS MADE-COMPROMISE - A settlement entered in the presence of an
attorney-at-law of a party who was absent in court can assail the settlement on
the ground that he was not present in court at the time the attorney-at-law
adjusted the matter. When an attorney-at-law acts for a party within the
authority granted to him by the proxy and enters into a settlement, such
settlement cannot be assailed merely on the ground of the party not being
present in court at the time the compromise was rec... read more
GALLELAW BLOGGER6 years ago
DIVORCE-MALICIOUS DESERTION-CREDIBILITY OF WITNESSES
DIVORCE-MALICIOUS
DESERTION-CREDIBILITY OF WITNESSES CA 887/2000 F DIVORCE - MALICIOUS DESRTION
ALLEGED BY BOTH PARTIES BLAMING EACH OTHER- where the findings on the question
of fact are based upon the credibility of the witnesses on the trial judge’s
perception of the evidence led before him, then such findings are entitled to
great weight and utmost consideration and will be reversed only if it appears
that the trial judge has failed to make full use of his advantage of seeing and
listening to the witnesses. In this case the evaluation of the evidence by the
trial judge does not... read more
GALLELAW BLOGGER6 years ago
ERROR COMMITTED BY THE D.J. SECTION 189- POWERS
CONFERRED TO CORRECT SUCH MISTAKES
ERROR
COMMITTED BY THE D.J. SECTION 189- POWERS CONFERRED TO CORRECT SUCH MISTAKES
DISTRICT JUDGE HAS CLEARLY COMMITTED A CLERICAL MISTAKE IN ALLOTTING SHARES IN
HIS JUDGMENT. AS SUCH, THE PETITIONER OR ANY OTHER PARTY OR THE DISTRICT JUDGE
HIMSELF SHOULD BE ENTITLED TO INVOKE THE POWERS OF COURT UNDER SECTION 189 OF
THE CIVIL PROCEDURE CODE. In the matter of an application for revision under
Section 753 of the Civil Procedure Code and/or Restitutio in integrum in terms
of Article 138 of the Constitution of Sri Lanka. C.A. Rev.No.1567/2002 D.C.
Horana 5973/P... read more
GALLELAW BLOGGER6 years ago
NSPECTION
OF THE SUBJECT MATTER OF CONSENT OF PARTIES- CAN THE DECISION MADE AFTER THE
INSPECTION BE CHALLENGED UPON Parties agreed to abide by the decision of the
judge after an inspection of the land and signified their consent by signing
the record, AN inspection was carried out and thereafter order was made
declaring the plaintiff entitled to a cartaway. On an appeal being preferred
against the order made, it was held that where parties agree to abide by the
court’s decision after an inspection there is implied in it, a waiver of all
defences taken in the answer and a total acc... read more
GALLELAW BLOGGER6 years ago
In the
Court of Appeal of the Democratic socialist Republic of Sri Lanka In the matter
of an appeal in terms of Article 154 P (3) (b) read with Article 154 P (6)
& 138 (1) of the Constitution read with section 5 of the High Court of the
Provinces (Special Provisions) Act No.19 of 1990. *H.C. Kandy 137/98(REV)* *
M.C. Dambulla 663/98 AR* * C.A(PHC) 234/02* The Officer-in-Charge, Police
Station, Galewela. *COMPLAINANT* *VS.* 1. A.K. Lahirdeen 7th Mile Post,
Madipola. 2. Abusally Akbar, No.1, 7th Mile Post, Madi... read
more
GALLELAW BLOGGER6 years ago
GALLELAW BLOGGER6 years ago
GALLELAW BLOGGER6 years ago
qq read more
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yyyye read more
GALLELAW BLOGGER6 years ago
C.A(PHC)
Application No. 58/201 H.C.Ratnapura BA 31/2007 M.C.Ratnapura No.B 1530/2005
Wellivita Arachchige Chandrika vs Hon Attorney General In passing I observe
that Judges of the original Court empowered to grant bail should be very slow
to impose a condition on the suspects to report to a police station at
different intervals, as the police department plays an important role in
prosecuting the case against the suspect and when they are directed to report
to the police, obviously they come in contact with the prosecution witnesses
and there is a possibility however negligent th... read
more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 94 *SOMAWATHIE AND OTHERS VS.
ILLANGAKOON* SUPREME COURT GAMINI AMARATUNGA, J. IMAM,J. SURESHCHANDRA, J . SC
140/2009 SC HCCA/LA 26/2009 CP/HCCA/231/02 (F) DC HATTON 102/L OCTOBER 5th,
2011 Definition of boundaries - Rei Vindicatio action - Difference -
Ingredients necessary for an action finium regundorim - No averment - Fatal?
The plaintiffs claiming to be co-owners of the land instituted action against
the defendant for the demarcation of the boundaries and eviction of the
defendant. The defendant claimed title on pr... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports - Volume 1 , Page No - M.D. GUNASENA & CO. LTD VS.
SOMARATNE GAMAGE SUPREME COURT TILAKAWARDANE, J IMAM,J.AND DEP, PC, J. S.C.
APPEAL NO. 106/2009 SC/SPL/LA/35/2009 WP/HCCA/KAL NO. 21/2006 HCA(LT) 05/2006
LT 25/PN/507/2002 OCTOBER 19TH, 2011 Industrial Disputes Act - Section 31 (B)
termination of employment - Misconduct - Acts of misconduct inconsistent with
the express or implied conditions of service In an application filed in the
Labour Tribunal, the applicant - Respondent - Respondent (Applicant) alleged
that his services were terminated unlawfully by the R... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports - 2013 - Volume 1 , Page No - 208 ORIENT FINANCIAL SERVICES
CORPORATION LTD., VS. FOREST OFFICER, AMPARA AND HON. ATTORNEY GENERAL SUPREME
COURT TILAKAWARDANE, J. EKANAYAKE, J. AND PRIYASATH DEP, PC., J. SC APPEAL NO.
120/2011 SC(SPL)LA/92/2011 CA (PHC) APN NO.26/2011 PHC (AMPARA) REVISION
APPLICATION HC/AMP/REVISION/343/2009 MC AMPARA NO. 31773 Before an order for
forfeiture is made the owner should be given an opportunity to show cause. If
the owner on balance probability satisfies the Court that he had taken
precautions to prevent the commission of ... read
more
GALLELAW BLOGGER6 years ago
*Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 102* *102* *ANURUDDHA
SAMARANAYAKE AND FOUR OTHERS VS. ATTORNEY GENERAL* COURT OF APPEAL RANJITH
SILVA, J. ABDUS SALAM, J. CA 36-40/2007 HC COLOMBO 11/2000, APRIL 29, 2009,
JULY 13, 2009, SEPTEMBER 30, 2009 NOVEMBER 18, 23, 2009, FEBRUARY, 10, 2010,
MARCH 8, 2010, JULY 8, 2010 NOVEMBER 29, 2010, DECEMBER 6, 2010, FEBRUARY 2, 3,
8, 2011, MARCH 7, 2011 *Penal Code - Section 113 (f) 162, 140, 146, 300 -
Murder, unlawful assembly - Robbery' - Evidence Ordinance Section 8, Section
27, Section 113, 114 - Absence of proved motive - Pro... read more
GALLELAW BLOGGER6 years ago
WANT OF PROPER INVESTIGATION OF TITLE AND FAILURE TO
SUBMIT DECLARATION UNDER SECTION 12
WANT OF
PROPER INVESTIGATION OF TITLE AND FAILURE TO SUBMIT DECLARATION UNDER SECTION
12 C. A.No.85/97(F) D. C.Horana 4035/P Pallage Justin Perera, Vs. Yakupitiyage
Asoka Ranjith Before : A.W.A.Salam,J. Counsel : Ranil Samarasooriya with J.
Jayasooriya for Plaintiff- Appellant and Sanath Jayathilake for
Defendant-Respondent. Argued on Decided on 16.03.2012. 17.09.2012.
A.W.A.SalamJ. This appeal arises from the judgment and interlocutory decree
entered on 14.6.1994 by the learned district judge of Horana in the ... read more
GALLELAW BLOGGER6 years ago
Sri Lanka
Law Reports 2013 - Volume 1 , Page No - 94 *SOMAWATHIE AND OTHERS VS.
ILLANGAKOON* SUPREME COURT GAMINI AMARATUNGA, J. IMAM,J. SURESHCHANDRA, J . SC
140/2009 SC HCCA/LA 26/2009 CP/HCCA/231/02 (F) DC HATTON 102/L OCTOBER 5th,
2011 Definition of boundaries - Rei Vindicatio action - Difference -
Ingredients necessary for an action finium regundorim - No averment - Fatal?
The plaintiffs claiming to be co-owners of the land instituted action against
the defendant for the demarcation of the boundaries and eviction of the
defendant. The defendant claimed title on pr... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 81 VEN. DHAMARATHANA THERO AND
ANOTHER V. SANJEEWA AHANAMA Granting of bail is the guiding principle of the
Bail Act. If this principle is followed it could avoid incarceration of suspect
pending trial unless the gravity of the offence or the other circumstances
warrants the remanding of suspects. This will reduce congestion in remand
prisons. It is the intention of the legislature to minimize the pre-trial
detention of suspects." SUPREME COURT MARSOOF, P.C., J. EKANAYAKE, J AND
PRIYASATH DEP, P.C. J. S.C.F.R. NO. 313/09 NOVEMBE... read more
GALLELAW BLOGGER6 years ago
INTERIM INJUNCTION-DISCLOSURE OF A CAUSE ACTION-AJL
62 AND PCPA 68-
INTERIM
INJUNCTION-DISCLOSURE OF A CAUSE ACTION-AJL 62 AND PCPA 68- The real nature of
the possession of a “caretaker”-deemed as possession on behalf of the owner.
lack of cogent evidence to prove the contrary by the contesting defendants-
Requirement to disclose disclosed a prima-facie case and a valid cause of
action- misdirection-Under Section 63 of the AJL corresponding to section 68 of
the Primary Court Procedure Act a determination when entered, all disturbances
or interferences with the exercise of such rights is prohibited other than by
the authority or judgement of a compe... read more
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*BAIL-CONCEPT*
BAIL-CONCEPT AND APPLICATION A.W. Abdus Salam The right of an accused to be
free pending his trial, provided there is adequate assurance that he will stand
trial and submit himself to sentence if found guilty, is generally known as the
right to bail. Like the ancient practice of securing the old system of oaths of
responsible persons, the modern practice of requiring bail bond, or the deposit
of a sum of money subject to forfeiture, serves the additional assurance of the
presence of an accused. Since the function of bail is limited, the fixing of
bail for any indi... read more
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REVISION
AGAINST ISSUANCE OF CERTIORARI BY H.C- NON SERVICE OF SUMMONS-PATENT WANT OF
JURISDICTION-REVISION NOT AVAILABLE UNTIL THE BASIC REMEDY IS EXHAUSTED
Revision application challenging the issuance of prerogative writ by HC. -
non-exhaustion of the alternative remedies- patent want of juriction The high
court while observing that notices on all the respondents had not been served
proceeded to inquire into the matter based on the misconception that the lapse
in the service of notices on the respondents had taken place during the tenure
of office of the previous HCJ and theref... read more
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WHO IS A KANDIAN FOR PURPOSE OF THE APPLICATION OF
KANDIAN LAW
WHO IS
A KANDIAN FOR PURPOSE OF THE APPLICATION OF KANDIAN LAW In terms of the Kandian
Succession Ordinance No 23 of 1917 (1) an issue of a marriage contracted
between a man subject to the Kandyan law and domiciled in the Kandyan provinces
and a woman not subject to the Kandyan law or (2) an issue of a marriage
contracted in binna between a woman subject to the Kandyan law and domiciled in
the Kandyan Provinces and a man not subject to the Kandyan law shall be deemed
to be and at all times to have been persons subject to the Kandyan law. A W A
SALAM, J This is a... read more
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PARTNERSHIP AND CONTRACT OF EMPLOYMENT- BOOK
DEBT-LIMITATION OF ACTION
PARTNERSHIP
AND CONTRACT OF EMPLOYMENT- BOOK DEBT-LIMITATION OF ACTION By written agreement
the defendant became the employee of the 1st plaintiff as the manager and to
receive an allowance of rupees 300/- per month, commission at the rate
specified in the agreement and bonus out of annual profits less the annual
allowance. It further provided that the defendants shall in the service under
the 1st plaintiff conform to all lawful orders and directions as manager of the
said “business”. The plaintiffs sued the defendant to recover monies
misappropriated. The defendant took up the pos... read more
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ACQUILIAN
ACTION- COMPUTATION OF DAMAGES Injustice anywhere is a threat to justice.
Plaintiff’s wife died 20 years ago. Ex-wife of the plaintiff succumbed to her
injuries resulting from the utter rash and negligent driving of the 2nd
defendant who drove a lorry in a state of drunkenness, at an unusually
excessive speed knocking behind the motorcycle of the plaintiff. The plaintiff
was awarded compensation in a sum of Rs 500000/-. The question whether the
plaintiff was a competent rider does not strictly arise. Above all the
plaintiff had maintained that he had a valid licence to r... read more
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SCHEME
OF PARTITION- WHAT SHOULD BE THE CORRECT APROACH SCHEME OF PARTITION-GENERALLY
THE COMMISSIONERS VALUATION SHOULD PREVAIL OVER OTHER VALUATIONS-COMMISSIONERS
VALUATION NOT TO BE SLIGHTLY DISTURBED UNLESS FOR CONVINCINGLY GOOD AND VALID
REASONS This is an appeal arising from an order made in a scheme inquiry in a
partition case. The impugned order is at page 201 and dated 25.07.1996. We have
heard Counsel for the appellants. One of the grounds of appeal urged by the
Counsel for the plaintiff-appellant is that the learned District Judge erred
when he held that the Commission... read more
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REQUIREMENT
TO GIVE NOTICE TO THE PARTIES AS TO THE DATE OF JUDGMENT Case filed on
28-07-92. Trial concluded on 23rd June 1997. Order fixed for 13-01-98 instead
of judgment. On 24-03-98 judge was appointed as an ADJ to write the judgment
despite his transfer. Case record dispatched on 19-05-98, to the ADJ. The
matter had been mentioned on 02-06-98, 11-08-98, 24-09-98, 05-11-98, 14-12-98,
25-01.1999, 30-03-99, 20-05-99, 30-06-99, 30-09-99, 17-12-99, 31-01-00,
23-03-00 and on 24-04-00. No journal entries maintained from 02-06-98 to
24-04-00 as to any of the parties were present... read more
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State
Land continues to be a subject located in the Center. Having regard to the fact
that in a unitary State of Government no cession of dominium takes place, the
Centre has not ceded its dominium over State Lands to the Provincial Councils
except in some limited circumstances. When the State makes available to every
Provincial Council, State Lands within the Province required by such council
for a Provincial Council subject, the Provincial Council shall administer.
control and utilize such State Land, in accordance with the laws and statutes
governing the matter. Sri Lanka Law Re... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2013 - Volume 1 , Page No - 18 LUCKMANJEE VS. DIAS COURT OF
APPEAL ABDUS SALAM. J. CA 606/99[F] DC COLOMBO 17396/L MARCH 26, 2012 Rei
Vindication action - Subject matter vested in Commissioner of National Housing?
- Proof of same - Admission of ownership - Relevancy- Burden of proof? -
Misdirection? The plaintiff -appellant sought a declaration of title to the
corpus and ejectment of the defendants there from. The defendant whilst denying
the matters urged, pleaded that the subject matter was vested in the
Commissioner of National Housing [CNH] in terms... read more
GALLELAW BLOGGER6 years ago
Sri
Lanka Law Reports 2013 - Volume 1 Page No - 6 LIYANAGE & ANOTHER VS
RATNASIRI - DIVISIONAL SECRETARY, GAMPAHA & OTHERS SUPREME COURT
TILAKAWARDENA J SATHYA HETTIGE PC J., DEP PC J., SC F R 121/2012 DECEMBER
7,2012 JANUARY 10,2013 MARCH 8, 2013 Constitution Article 126 - Time Bar - Imperative
- Suppression of material facts fatal - Failure to observe uberrima fides -
Vigilanti bus Non Dormientubis Jura Sub - Vernieunt - Impotentia excusat
legem - Uberrimafides. The Petitioners complained that their Fundamental Rights
were infringed by appointing the 7th Respondent to the... read more
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Page
Sri Lanka Law Reports 2013 - Volume 1 , No - 1 JAYAWARDANA AND TWO OTHERS V .
DISSANAYAKE AND SEVEN OTHERS SUPREME COURT MARSOOF, PC, J. SRIPAVAN, J. AND EVA
WANASUNDERA, PC . J. S.C.F.R. APPLICATION NO . 231/2012 OCTOBER 30th, 2013
*Constitution - Article 12(1) - All persons are equal before the law and are
entitled to the equal protection of the law. - Residency? Unlawful occupation
of state land - School admission.* The 3rd Petitioner, the minor child was not
admitted to D.S. Senanayake College on account of the Petitioners' residence
being situated on State land. Th... read more
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WHO CAN
FILE AN APPEAL? IT IS ONLY A PARTY TO A CASE WHO IS AGGRIEVED BY A JUDGEMENT
CAN PREFER AN APPEAL *C.A. 404/97F * *D.C. Walasmulla 823/P * *Seetha
Siriwardena, * *RESPONDENT-APPELLANT * *VS * *Premadasa Siriwardena, Godellawatta,
Bowala, Walasmulla * *DEFENDANT-RESPONDENT * *BEFORE : A W A SALAM, J *
*COUNSEL : Kaminda De Alwis for the respondent-appellant and A E Munasingha for
the defendant-respondent. * *ARGUED ON : 22.05.2012. * *DECIDED ON :
13.07.2012. * *A W Abdus Saam, J * The respondent-appellant in this appeal
challenges the propriety of the order dated 17 July ... read more
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APPLICATION TO REVISE AN ORDER CONFIRMING SCHEME OF
PARTITION- CONSIDERATION APPLICABLE
APPLICATION
TO REVISE AN ORDER CONFIRMING SCHEME OF PARTITION- CONSIDERATION APPLICABLE CA
658/2003(Revision) DC Negambo 2562/P S.M.Anishiya Edith Rosa, Vs M.D. Calistus,
Before: A W A Salam,J Counsel: Dr Sunil F A Cooray for plaintiff-petitioner and
M H B Morais for the 7thdefendant-respondent Argued on: 31.05.2010 Written
submission filed on: 28.06.2010 Decided on: 20.07.2010 A W Abdul Salam,J. T
revision to have the order dated 23 April 2002 confirming the he
plaintiff-petitioner has filed the present application in scheme... read more
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FAILURE TO PROSECUTE PARTITION ACTION- SPIRIT OF
SECTION 70 OF THE PARTITION LAW
FAILURE
TO PROSECUTE PARTITION ACTION- SPIRIT OF SECTION 70 OF THE PARTITION LAW
C.A.Rev. 224/2003 D.C. Kuliyapitiya No. 10599/P Dampelessa Mudiyanselage
Kalubanda of Panthenigoda, Narammala. *Plaintiff-Petitioner* Vs. 1. Imihamilage
Podi Menika, *Defendant-Respondents* *Before* ... read more
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APPLICATION
TO ADDUCE FRESH EVIDENCE IN APPEAL- SEC 773 OF THE CPC. REQUIREMENTS NECESSARY
TO BE ESTABLISHED *Case No. CA 731/1993 (F)* D.C. (Kalutara). 4643/P Payagala
Badalge Agnes, Vs Walathara Arachchige Piyasena, Counsel : L.B.J Peiris for the
3rd defendant appellanN R M Daluwatta PC for 20/24 defendant appellants Ranjan
Suwandaratne for the Plaintiff. Re argued on: 04.... read more
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APLICATION
FOR REVISION AND/OR *RESTITUTIO IN INTEGRUM-* PETITIONER HAD NO RIGHTS IN THE
CORPUS- MAINTAINABILITY CA 215//2002 DC Kandy 125781/P D.A.S.K. Dissanayaka, Vs
M.R.Prema Lal de Charles, Dr F.A.Sunil Cooray for the petitioner and Nihal
Jayamanne PC with Ajith Munasingha for the substituted plaintiff-respondent.
Decided on: 17.03.2009 A.W.Abdus Salâm, J. The petitioner has filed the present
application in revision to have the trial proceedings in partition action No
12578/P in the district Court of Kandy and the judgment and interlocutory
decree entered in t... read more
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AMENDMENT OF THE POINT OF CONTEST- PARTITION-
IDENTITY OF THE CORPUSIMPORTANCE
AMENDMENT
OF THE POINT OF CONTEST- PARTITION- IDENTITY OF THE CORPUSIMPORTANCE C.A. No.
1428/2004 D.C. Negambo 2534/P S. K. Jayaweera. *Plaintiff-Petitioner*
1.Ranasingha Hettiarachchige Don Robert Ranasingha *Before* : A.W.A. Salam, J.
*Counsel* : Dr Sunil F A Cooray with Shavindra Silva for the
PlaintiffPetitioner and Kuwera de Soyza for the Defendant-Respondents.
28.05.2009 A.W. Abdus Salam, J. This is an application to revise the order of
the learned district Judge dated 22 March 2004... read more
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AMENDMENT OF INTERLOCUTORY DECREE-INSUFFICIENT
EVIDENCE- Section 34
AMENDMENT
OF INTERLOCUTORY DECREE-INSUFFICIENT EVIDENCE- Section 34 A W A Salam, J This
is an application to revise and set-aside the judgement and interlocutory
decree dated 11th November 2003 entered in the above case. The facts briefly
are that the parties agreed to have the corpus in the action partitioned in
terms of the evidence led at the trial without any points of contest being
raised. The plaintiff respondent, 2nd defendant-respondent and the 4th
defendant-petitioner gave evidence at the trial. Subsequently
judgement... read more
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SRI
LANKA LAW REPORT 2009 VOL 1 *GUNASINGHE * *vs * *PODIAMMA AND OTHERS* COURT OF
APPEAL ABDUL SALAM, J. CA 1782/2002 (REV.) DC KULIYAPITIYA 7466/P AUGUST 25,
2008 *Partition Law - Part of a larger land partitioned? - Discrepancy in the
extent in the plaint and in the preliminary plan - Investigation of title -
Duty of Court - Proof of original ownership -Degree ofproof? - Lis pendens.*
The petitioner seeks to revise the judgment on the ground that, the District
Court had failed to take into consideration the fact that what was sought to be
partitioned was a part of a larger l... read more
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AGREEMENT AS TO THE CORPUS IN THE PARTITION SUIT-
Section 66 of the Partition Act-
AGREEMENT
AS TO THE CORPUS IN THE PARTITION SUIT- Section 66 of the Partition Act-
AGREEMENT AS TO THE CORPUS IN THE PARTITION SUIT- Section 66 of the Partition
Act- After a partition action is duly registered as a lis pendens under the
Registration of Documents Ordinance, no voluntary alienation of any undivided
share or interest or in the land to which the action relates shall be made or
effected until the final determination of the action. The prohibition against
alienation of undivided shares under section 66 has been held not to affect the
disposal of property, by expressly... read more
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Substitution- suppression- revision
application-Maintainability
Substitution-
suppression- revision application-Maintainability *CA Appeal No. CA 1787/2003 *
*D.C. Kurunegala 829/P * *Siri Amarasingha * *Petitioner * *Vs * *P. Kumarihamy
* *Substituted plaintiff respondent and others. * *Before: A.W.A. SALAM, J. *
*Counsel: Nihal Jayamanna PC with Ajith Munasingha for the petitioner and *
*Mahanama de Silva for the 7th defendant- respondent * *Decided on 20.11.2008 *
*Abdul Salam J. * *This is an application made in revision by the petitioner to
aside the order dated 2 September 1998 of the learned district judge. * *The
facts bri... read more
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The
requirement to give the undivided share of the soil and rights each party is
entitled to in the interlocutory decree- failure to specify the specific
undivided share- consequences C. A. Appeal No. 1104/96(F) D. C. Kalutara Case
No. 4259/P 16. Thotage Ariyasena 78. Pritman Dias Gunawardana Vs Maddumadevage
Alen Bombuwala. Asoka Fernando with Ms. A.R.R. Siriwardane for the
DefendantAppellants 1st, 4th and 16th and 78th Defendant-Appellants. Champaka
Ladduwahetty for the Respondent. Argued on: 24.07.2014. Decided on: 06.08.2014.
A.W.A. Salam., J. (... read more
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*Partition
suit- The importance attached to establishing the identity of the corpus- The
requirement that the corpus should be an independent land and not a portion of
a larger land- The system of land measure computed according to the extent of
land required sowing with paddy or Kurakkan. * *Case No.CA 957/96 (F) DC
Matugama 1021 P * *Kalamba Arachchige Pedoris Vs. * *Madawala Wattage Benjamin
* *S.N. Vijithsingh for the 14th Defendant- Appellant and Sanath Vitharana with
Mahanama Dissanayake for 1 A, 1B Substituted Plaintiff-Respondent. * *Argued on
: 05.03.2012 Decided on :... read more
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Right of representation – Partition- Party
unrepresented on the trial date-judges duty
Right
of representation – Partition- Party unrepresented on the trial date-judges
duty *Sri Lanka Law Reports* *2008 - Volume 1 , Page No - 377* *Sri Lanka Law
Reports* *377* *RANJITH PERERA AND ANOTHER * *v * *DHARMADASA AND OTHERS* COURT
OF APPEAL SALAM, J. CA 1754/2004 DC HORANA 5387/P JANUARY 8,2008 *Partition Law
21 of 1977 - Section 48 (4), Joint statement of claim - Trial date - Registered
* *Attorney absent - One claimant taking part in the proceedings - Sections 24,
27(2) Civil Procedure Code -Applicability - Procedural Law - Its importance -
Investig... read more
GALLELAW BLOGGER6 years ago
Section
68 - Proofofdocuments - Evidence Ordinance of 1895 Section 68 compared -
Earlier law giving place to a later - law lex posterior derogate priori -leges
posteriors priores contrarias abrogant - non-est novum ut priores leges and
posteriors. *Sri Lanka Law Reports* *2009 - Volume 1 , Page No - 95* ... read more
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SRI
LANKA LAW REPORT 2009 VOL 1 *GUNASINGHE * *vs * *PODIAMMA AND OTHERS* COURT OF
APPEAL ABDUL SALAM, J. CA 1782/2002 (REV.) DC KULIYAPITIYA 7466/P AUGUST 25,
2008 *Partition Law - Part of a larger land partitioned? - Discrepancy in the
extent in the plaint and in the preliminary plan - Investigation of title -
Duty of Court - Proof of original ownership -Degree ofproof? - Lis pendens.*
The petitioner seeks to revise the judgment on the ground that, the District
Court had failed to take into consideration the fact that what was sought to be
partitioned was a part of a larger ... read more
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PENDING PARTITION DEEDS- PRHIBITED TYPE OF ALIANATION
PENDING
PARTITION DEEDS- PRHIBITED TYPE OF ALIANATION Are deeds written obnoxious to
section 66 of the Partition Act- Section 66 of the Partition Act- The
prohibition against alienation of undivided shares under section 66 does not
affect the disposal of property, by expressly charging or disposing of interest
to be *ultimately allotted to parties in the action*. Such dispositions are not
considered as being obnoxious to section 66 of the Partition Act. The scope of
restriction imposed by section 66 - Koralage Podinona Vs Sunny Fernando 1986 2
CALR 217. Abdus Salâm, J. The... read more
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NOTICE OF APPEAL NOT SIGNED BY THE REGISTERED
ATTORNEY AT LAW.. IS IT FATAL.
NOTICE
OF APPEAL NOT SIGNED BY THE REGISTERED ATTORNEY AT LAW.. IS IT FATAL. The
petition of appeal had not been signed by the registered attorney at law but
suscribed to by the counsel who conducted case of the appellant in the original
court instead. Upon preliminary objection being taken against the petition of
appeal and conceded by the appellant that the petition had not been subscribed
to by the registered AAL, it was held that the the petition did not constitute
a valid appeal. *RANJITH S... read more
GALLELAW BLOGGER6 years ago
CANCELLATION OF AN AGREEMENT TO SELL - BURDEN OF
PROOF-
CANCELLATION
OF AN AGREEMENT TO SELL - BURDEN OF PROOF- A W A SALAM J This appeal arises
from the judgment dated 28 June 1994 of the district court of Matale by which
relief was granted to the plaintiff-respondent as prayed for in the plaint,
against the defendant-appellant based on a cause of action linked to an alleged
breach of agreement to transfer an immovable property to the
plaintiff-respondent, as undertaken by the defendant-appellant. (For purpose of
convenience the "plaintiff-respondent" is referred to in the rest of
this judgment as the "plaintiff" and the defendant-... read more
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LEAVE
AND LICENCE- EJECTMENT Plaintiff's action for ejectment of the defendant should
fail for want of identification of the corpus for in a declaration of title
case the plaintiff is duty bound to prove the identity of the land A W A SALAM
By plaint dated 27 October 1992, the plaintiff (presently deceased) filed
action for the ejectment of the defendant (presently deceased) from the two
rooms forming part of the premises bearing assessment No 65, De Waas Lane,
Grandpass. As pleaded in the plaint the stance adopted was that the plaintiff
let premises bearing assessment N... read more
GALLELAW BLOGGER6 years ago
Noorul
Naxima Hussain VS Shantha Wimalasuriya Tilakaratne *SC. Appeal No. 93/2009 *
SC. HC. CA. LA. 77/2008 Provincial High Court (Civil Appellate) of the No.
CP/HCCA/KAN Central Province 200/2002(F) D.C. Kandy No. 13310/P *BEFORE* :
Tilakawardane, J. Sripavan, J. Dep, PC., J. *DECIDED ON : *07.12.2012
Thilakawardena, J This is an application was preferred to this Court , and
leave was granted on the following questio... read more
GALLELAW BLOGGER6 years ago
Flexport
(Pvt) Limited Vs Commercial Bank of Ceylon Limited of No SC Appeal No. 03/2012
SC.HC.CA.LA No. 268/11 WP/HCCA/Mt/70/04/F . D.C. Mt. Lavinia Case No. 1032/96/
Before : Marsoof, PC, J Dep, PC. J & Marasinghe, J Decided on ... read more
GALLELAW BLOGGER6 years ago
construction of a power of attorney- LAW APPLICABLE
*S.C.
Appeal No. 44/2012 * SC.(HC) CALA Application No. 68/11 WP/HCCA/Mt./36/04(F)
DC. Moratuwa No. 335/L Padmal Ariyasiri Mendis *Vs*. Vijith Abraham de Silva,
*BEFORE * *: * *Eva Wanasundera, PC. J * *Buwaneka Aluwihare, PC.J. & *
*Upaly Abeyrathne, J. * *COUNSEL* : Faisz Musthapha, PC. with Hemasiri
Withanachchi and Ashiq Hassim for the Defendant-Appellant-PetitionerAppellant.
Ranjan Goonaratne with S... read
more
GALLELAW BLOGGER6 years ago
Shelton
Upali Paul Vs KKPS Silva SC Appeal 5/2011 SC/HCCA/LA 196/2010
WP/HCCA/Mt/90/08/RA DC Mt. Lavinia Case No.2667/M Before : Saleem Marsoof PC, J
Priyasath Dep PC, J Sisira J De Abrew J Counsel : Athula Ban... read more
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LEAVE
AND LICENCE- EJECTMENT Plaintiff's action for ejectment of the defendant should
fail for want of identification of the corpus for in a declaration of title
case the plaintiff is duty bound to prove the identity of the land By plaint
dated 27 October 1992, the plaintiff (presently deceased) filed action for the
ejectment of the defendant (presently deceased) from the two rooms forming part
of the premises bearing assessment No 65, De Waas Lane, Grandpass. As pleaded
in the plaint the stance adopted was that the plaintiff let premises bearing
assessment No 65/1/1, ... read more
GALLELAW BLOGGER6 years ago
CAUSE OF ACTION-ANTICIPATORY BREACH
*Suit
aimed at enforcing an agreement to sell and DJ ruled that no cause of action
had accrued to the plaintiff to sue the 1st defendant as at 28 December 1992
based on the premise that under P1, it was open to the 1st defendant to perform
his obligation on or before 31 December 1992. Hence, The plaintiff sued the
defendant on 28 December 1992 when the 1st defendant had yet three more days to
perform his part of the obligation. It is impossible slrto allege that by 28 December
1992, the 1st defendant had denied the rights of the plaintiff or refused to
fulfill an obligation or negl... read more
GALLELAW BLOGGER6 days ago
136 1 B and 182 of the CPC - Animals Act -
confiscation of vehicle- Legality
In the
Court of Appeal of the Democratic Socialist Republic of Sri Lanka CA PHC
108/2010 HC Anuradapura Revision 34/2010 MC 866 Abubackerge Jaleel Vs
OIC,Anuradapura Before: A W A Salam, J (P/CA) and Sunil Rajapakse,J Cousel:
Upali A Gunaratna, PC with Mahesh Wakishta for the
Claimant-Petitioner-appellant and Anoopa De Silva SSC for the
Complainant-Respondent-Respondent and Hon Attorney General. Argued on:
21.02.2014 and 25.06.2014. Decided on : 26.08.2014 ... read more
GALLELAW BLOGGER6 years ago
PRESCRIPTION-LICENSEE-LENTH OF POSSESSION IS OF NO
RELEVANCE
PRESCRIPTION-LICENSEE-LENTH
OF POSSESSION IS OF NO RELEVANCE authorties may be viewed online When you enter
a land in a particular capctiy , you continue in possession in the same capacity
AND U'R possession changes not or can BE PUT AN END TO by secret intention
UNLESS nothing short of ouster or equivalent is proved. IF THE EVIDENCE
RELATING TO PRESCRIPTION IS SLENDER, THE LENGTH OF ONE’S POSSESSION, IS OF NO
USE TO DECIDE PRESCRIPTION. RELATIONSHIP OF THE PARTIES SOMETIMES WOULD BE OF
MUCH IMPORTANCE TO RESOLVE DISPUTES TOUCHING UPON CLAIMS FOR PRESCRIPTIVE
TITLE. Thilakaratn... read more
GALLELAW BLOGGER6 years ago
(authorities
cited in light blue can be accessed online) A W Abdus Salam, J The Appellants
(1st to 5th accused) along with the 6th accused stood indicted by the Attorney
General on the following counts. 1. Conspiracy to murder Nimal Samarasingha
punishable under section 300 read with sections 113 (b) and 102 of the Penal
Code. 2. Being members of an unlawful assembly to murder of Deepthi Champa
Samarasingha, an offence punishable under section 140 of the Penal Code. 3.
Being members of unlawful assembly committed the murder of Deepthi Champa
Samarasingha, an offence ... read more
GALLELAW BLOGGER6 years ago
PARTITION-PRESCRIPTION-OUSTER BY AN OVERT ACT length
of possession immaterial if entered as licensee
PARTITION-PRESCRIPTION-OUSTER
BY AN OVERT ACT length of possession immaterial if entered as licensee This
judgment relates to two distinct petitions of appeal preferred against a
decision entered at the conclusion of a partition action. The plaintiff has
filed appeal bearing No CA 272/94 F and defendant CA 273/94 F. The land in
respect of which the partition suit has been filed is known as Gorakagahawatta
which is depicted as lots 1 and 2 in the preliminary plan No 621 produced at
the trial marked as X. The extent of lot 1 is 3 roods and 21 perches and lot 2
i... read more
GALLELAW BLOGGER6 years ago
(authorities
cited in light blue can be accessed online) A W Abdus Salam, J The Appellants
(1st to 5th accused) along with the 6th accused stood indicted by the Attorney
General on the following counts. 1. Conspiracy to murder Nimal Samarasingha
punishable under section 300 read with sections 113 (b) and 102 of the Penal
Code. 2. Being members of an unlawful assembly to murder of Deepthi Champa
Samarasingha, an offence punishable under section 140 of the Penal Code. 3.
Being members of unlawful assembly committed the murder of Deepthi Champa
Samarasingha, an offence ... read more
GALLELAW BLOGGER6 years ago
APPLICATION TO PURGE DEFAULT-SECTION 86
APPLICATION
TO PURGE DEFAULT- Attorney-at-Law who appeared for the defendant on the
09.03.95, had taken a wrong date - Inability of the defendant could have
corroborate his version either in the form of an affidavit of the
Attorney-at-law or *viva* *voce* evidence.Absence of any explanation as to why
he was not able to tender an affidavit from the Attorney-at-law concerned or to
call him as a witness to testify, further weakens his position. * Abdul
Salam,J.* The plaintiff respondent (hereinafter referred to as the plaintiff)
instituted action on 23.10.1992, against the defendan... read more
GALLELAW BLOGGER6 years ago
SECTION 87(3) OF THE CPC. APPLICATION FOR
ADJOURNMENT. DUTY OF THE JUDGE
SECTION
87(3) OF THE CPC. APPLICATION FOR ADJOURNMENT. DUTY OF THE JUDGE *IN THE COURT
OF APPEAL OF THE DEMOCRATIC * *SOCIALIST** REPUBLIC OF SRI LANKA* C.P.J.
Thomas, 410,Bullers Road, Colombo 07. *C.A.** Appeal No.1162/2003 (F)*
*Plaintif... read more
GALLELAW BLOGGER6 years ago
DELAYED APPLICATION TO PURGE DEFAULT
DELAYED
APPLICATION TO PURGE DEFAULT In the Court of Appeal of the Democratic Socialist
Republic of Sri Lanka CA APPEAL No: 966/96F DC Embilipitiya: 4272/RE W M A
Sunil Shantha, Pulkatiya, Pandura, Panamura *Defendant--Appellant* Vs Witharanage
Mudalihamy, Pulkatiya, Pandura, Panamura ... read more
GALLELAW BLOGGER6 years ago
CPC
86(2)- RESULTANT DELAY BY REASON OF INTERVENING APPEALS-NEED TO REMEDY THE
SITUATION-OBITER- FAILURE TO ADDUCE REASONS FOR THE DEFAULT- CONSEQUENCES is
always inordinate delay in the finaldispoThere sal of cases where the
intervening right of appeal granted under 88(2) of the CPC is exercised . These
appeals are also usually listed and taken up for argument along with other
appeals, unless accelerated. Timely intervention of the legislature has now
become necessary to remedy this injustice. The legislature therefore should
take such a policy decision and lay down guideli... read more
GALLELAW BLOGGER6 years ago
APPLICATION TO PURGE DEFAULT-SECTION 86
APPLICATION
TO PURGE DEFAULT- Attorney-at-Law who appeared for the defendant on the
09.03.95, had taken a wrong date - Inability of the defendant could have
corroborate his version either in the form of an affidavit of the
Attorney-at-law or *viva* *voce* evidence.Absence of any explanation as to why
he was not able to tender an affidavit from the Attorney-at-law concerned or to
call him as a witness to testify, further weakens his position. * Abdul
Salam,J.* The plaintiff respondent (hereinafter referred to as the plaintiff)
instituted action on 23.10.1992, against the defendan... read more
GALLELAW BLOGGER6 years ago
*IN THE
COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA. * C.A.
(P.H.C) APN 28/2014 H.C. Colombo HCR 17/2014 MC KADUWELA B55620/ (55056) One
Malkanthi complained against Senanada stating that the latter cheated her to
the tune of Rs.4 million. Then the police filed a B report. In the meantime
Malkanthi by way of an affidavit alleged that Senanada was absconding to avoid
court with connivance of the police. The Magistrate promptly issued a warrant
to arrest Senanada who surrendered to Court. He was thereafter remanded by
Court. An application was made by Sena... read more
GALLELAW BLOGGER6 years ago
PENDING PARTITION DEEDS- PRHIBITED TYPE OF ALIANATION
PENDING
PARTITION DEEDS- PRHIBITED TYPE OF ALIANATION Are deeds written obnoxious to
section 66 of the Partition Act- Section 66 of the Partition Act- The
prohibition against alienation of undivided shares under section 66 does not
affect the disposal of property, by expressly charging or disposing of interest
to be *ultimately allotted to parties in the action*. Such dispositions are not
considered as being obnoxious to section 66 of the Partition Act. The scope of
restriction imposed by section 66 - Koralage Podinona Vs Sunny Fernando 1986 2
CALR 217. Abdus Salâm, J. The... read more
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