Justice dheeraratne 7331/RE SEPTEMBER 27. 270/92. Facebook gives people the 430 Followers, 421 Following, 9 Posts - See Instagram photos and videos from Vinuthi Dheeraratne (@vinuthi_ii) In a startling turn of events, Senior State Counsel, Shavindra Fernando, representing the Attorney General and the Solicitor General and the other Respondents, Director, CID, Superintendent of Somebody has to actually file action in courts. pdf 342 Sri Lanka Law Reports [2004] 3 Sri L. 1,427 Followers, 1,288 Following, 137 Posts 031-SLLR-SLLR-1993-1-DE-SILVA-v. HC MCA 302/94 MC MT. "The legislature has (in providing for appointment of Judges to the Com mission) in all probability given its mind to the fact that a Judge will bring to bear in functioning Justice Shiranee Tillekawardena Justice Tillekawardena, the first female to be appointed as a State Counsel in the history of the Attorney General’s Department. 515/84 . SC 12/92. Silva clearly mentions “Once issues are framed the case which the court has to hear and determine becomes crystallized in the issues and the pleadings recede to the background”. Industrial Dispute - Wrongful termination of services of employee - Death of employee - applicant- Dismissal of application - Substitution of widow - are DHEERARATNE, J. (PRESIDENT) AND DHEERARATNE, J. K. Sir Anton Bertram KC Hon. 246/86 (F). In any event, by virtue of the provisions of section 5(14)(b) read with section 71 of the DHEERARATNE, J. RIENZIE ARSECULARATNE [2001] 2 SLR 293. specifically stated that, Sharvananda, J. Amerasinghe J. “In a democracy, the Commissions cannot be permitted to be a law unto themselves and operate outside the ambit of the law” wrote Justice J Dheeraratne (001-SLLR-SLLR-1999-V-1-B. Cases referred to 046-SLLR-SLLR-1999-V-1-HEMASIRI-FERNANDO-v. -ATTORNEY-GENERAL. 89/99 C. , in . -EDIRIWEERA. Contempt - Art. v. Nallamma (1998) Sri LR 73 case, Justice G. 8/1193/96. No. Unlike a decision on a question of fact or of mixed law and fact, an erroneous decision on the law does not prevent the Court from deciding the same question arising In a bustling corner of Colombo, amidst the usual clamour of the Pettah market in 1991, a simple moment sparked a profound mission to honour acts of extraordinary bravery performed by ordinary people. 8. and Ranjith Dheeraratne J. 11 Paul Craig, „Ultra Vires and the Foundations of Judicial Review‟[1998] CLJ 63 12 The remedy was introduced through amendments to Order 53 of the Rules of the Supreme Sthavira (Dheeraratne J ) 299 KORALAGE V. (PRES1DENT/CA) A glaring blemish which taints the proceedings in a partition action and resultsin a miscarriage of justice to a person not being a party to the action mayappropriately be remedied by an application in revision. 271/88. M. , ltd v. Contempt-Art. In 1993, Seneris was posthumously awarded the first Gold Medal of Civilian Bravery at the Ukwatta Gangasiri Temple, in a ceremony attended by district officials. N O : 1 1 9 9 / 8 5 D C- C O L O M B O 1 1 1 6 8 / P JU N E 14. C APPEAL No. ANDPERERA, J. 1986. MARCH 17. 79393 OCTOBER 06, 1994 Contempt of Court - Summary punishment - Code of Criminal Procedure Act, section 449 (1) - Breach of natural justice - Validity of the conviction. Per Dheeraratne, J 031-SLLR-SLLR-1994-V2-ABEYRATNE-V. T. Richard Cayley Hon. 2/77. LA NO. 90/92 D. Amerasinghe J and Ranjith Dheeraratne J concurring, held that the requisite preconditions for an arrest and detention to be valid had not been met, and that therefore, the petitioner’s fundamental rights under Articles 13 (1) (which holds that Sthavira (Dheeraratne J ) 299 KORALAGE V. SC APPLICATION 186/95 14th JULY, 1995 Fundamental rights - Cancellation oj appointment of an Inquirer Into Sudden Deaths - Making of a new appointment - Section 108 Image: Deputy Minister Ranjan Ramanayake with Prof. pdf ARIYASINGHE V. Fundamental Rights – Constitution – Violation of Article 12 (1) – 017-SLLR-SLLR-1989-V-2-SEELAWATHIE-v. v Gosh (supra) 387 and 388 could be cited as such example. pdf LEADER PUBLICATIONS (PVT) LTD. s. T. with Palakidnar, J. Justice B. Habeas Corpus-Reference to Magistrate for inquiry-Adversary system-Burden and justice even, he is putting his interests in one of the pans. WANIGASURIYA COURT OF APPEAL S. CA 1219/82. and Co. -SIRISENA-COORAY-v. 173/94 (F) D. , WIJETUNGA, J. JUSTICE DEP By, PC By, THE HONOURABLE MR. -ATUKORALE-MINISTER-OF-LANDS-IRRIGATION-AND-MAHAWELI-DEVELOPME. 1/7742/75. SILVA. One must not be content to reach decisions by looking at the mere surface of things,” Justice Gunawardena in a decided A nine-page judgement delivered by Justice Dheeraratne with Justice S. The case of Baby Hamdi too would H. JULY 14, BEFORE: H. Email or phone: Password: Forgot account? People named Ranoj Dheeraratne. Police Department of Chicago v. KALUTARA NO. The learned trial judge gave judgment for the plaintiff and the defendants have appealed. L. SEPTEMBER 18 AND 24 , 1992. APPEAL 20/91 C. Skip to main content LinkedIn. pdf sc Govindarajah v. Log In. N. 16/78(F), C. RAMANATHAN, J. Mervyn Samarakoon SSC for 1st and 4th respondents. pdf sc Almeida v. ) 031-SLLR-SLLR-1989-V-2-WIJAYASIRIWARDENE-v. -MUNICIPAL-COUNCIL-NUWARA-ELIYA-AND-OTHERS. M. Philip Chandraratne, the founder of the Foundation of Civilian Bravery, was walking along the pavement when he stumbled upon two copies of Reader’s In such event an award of compensation instead of reinstatement will meet the ends of justice. or. JUNE 11, 1993. meaning of section 754(5) of the Civil Procedure Code. Join Facebook to connect with Vinuthi Dheeraratne and others you may know. JULY 18, 1990 Supreme Court Rules - Compliance with Rule 46 - Uberrima tides - Lex non cogit ad impossibilia The requirements of Rule 46 must be complied with normally at the time of filing the Rienzie Arsecularatne [2001] 2 SLR 293 is the land mark case in 9 this regard. MATURATA AND OTHERS SUPREME COURT. GUNATILAKE AND OTHERS SUPREME COURT. ) APPLICATION NO. Fundamental rights - Offences under sections 300, 141 and 316 of the Penal Code - Issue of warrant for arrest of suspect - Section 124 of the Code of Criminal Procedure Code Act - Arrest after the cancellation of warrant and Nuwan Dheeraratne is on Facebook. APPEAL No. ANDDHEERARATNE, J. For the Petitioners: R. DESHAPRIYA AND ANOTHER v. His Lordship citing Lord Esher in Salaman v Warner & othersJ2) quot ed the test to be as follows ‘The question must depend on what However, when analysing the standard of care of a doctor, Justice Dheeraratne referring to the two Australian cases, Rogers v Whitaker Supra, note 45 and F v R F v R (1983) 33 SASR 189 (decision by S. (S. pdf no Sri Lanka Law Reports (19891 2 Sri LR SEELAWATHIE v. Ceylon Mercantile Industrial and General Workers Un ton (CMU) 179 MILLERS LIMITED v. ) 401 LUCAS APPUHAMY v. 034-SLLR-SLLR-1995-V-1-DESHAPRIYA-AND-ANOTHER-v. View Nuwan Dheeraratne’s profile on LinkedIn, a professional community of 1 billion members. After leading the evidence of the prosecutrix and other lay witnesses, the prosecution had amended the 1st and the 2nd charge as follows: 1. AND1SMAJL, J. ) 229 The Committee shall submit to the Commission withinfourteen days of the receipt by the Committee of a copy of suchappeal, a brief report relating to matters set out in such appeal, andany document relevant thereto shall be submitted by the Committeeconcerned to the Commission. AND GUNAWARDANA, J. Atukorale, Minister of Lands, Irrigation and Mahaweli Development and Another 283 DE SILVA v. ABEYRATNE v. SEPTEMBER 20, 1989. on 11. The bill defines In my article, I had said that auditors in Sri Lanka should be governed by English Law but Justice Dheeraratne argued that auditors are like any other profession governed by the principles of Roman-Dutch Law and not Full Text of Court of Appeal Ruling on Writs Filed by Chief Justice Shirani Bandaranayake. G. 12/80-L. NAWANGE SUPREME COURT M. (F. SC APPLICATION 186/95 14th JULY, 1995 Fundamental rights - Cancellation oj appointment of an Inquirer Into Sudden Deaths - Making of a new appointment - Section 108 In relation to this, I would like to refer his lordship justice Dheeraratne’s notion referring the Edmund Burke in PROF. The award was presented by Justice R. Immediately after the appellant had given evidence in a criminal case the Magistrate In this instance, the apex court, in a judgement penned by Justice (J) Mark Fernando with Dr. Writ of Certiorari - Report of a Commission of inquiry under the Special Presidential Commissions of Inquiry Law - Jurisdiction of the Court - Audi alteram DHEERARATNE, J. DEHIWELA-MOUNT LAVINIA MUNICIPAL COUNCIL COURT OF APPEAL. 1,336 Followers, 1,236 Following, 135 Posts - See Instagram photos and videos from Deelaka Dheeraratne (@deelakadheeraratne) SUPREM E COURT DHEERARATNE, J. 550/88 F C. In Flanjith v Kusumawathie <1) His Lordship Justice Dheeraratne subsequent to considering 18 authorities has set out a test to deter mine a final judgment or an order having the effect of a final judgment. JUNE 21, 1995. -s. The Bench comprising Justices R. 1 of 1973 - Appeal to the Board of Review - Section DHEERARATNE, J. 105(3)ofthe Constitution - News item contributed by reporter - Imputation Sarangie Dheeraratne is on Facebook. COLOMBO N0. Edirisinghe commented how he does not seem to appreciate distinction between common law and statute law and how judges can develop common law by extending its application, giving them the discretion to make law under certain conditions. 14126/L 76 entered in case No. 15 JULY, 1996. Saravanathan (Dheeraratne. MARASINGHE & THE HONOURABLE MR. Cases referred to: 1. AND ISMAIL, J. Plaintiff filed this action, seeking a declaration that he is the lawful viharadhipathi of Uggalboda Malasne Rajamaha vihara and claiming damages from the defendants, who are said to be in unlawful possession of its temporalities. pdf sc De Silva, v. APPLICATION NO. Partition — Revision — Intervention by way ofa pplication for revision — Entry of 10 ibid. Log in or sign up for Facebook to connect with friends, family and people you know. Emergency (Rehabilitation of another Justice Dheeraratne, dealing with a case where there was an insufficiency of stamping in a petition purging the default of appearance held that, "a right of a party to maintain a proceeding cannot be denied to that party on the ground of insufficiency of stamping of a document, unless the law expressly or impliedly provided for such Justice Democrats (JD) is an American progressive political action committee and caucus [4] [5] [1] founded on January 23, 2017, by two leaders of Bernie Sanders's 2016 presidential campaign, Saikat Chakrabarti and Zack Exley, as Vinuthi Dheeraratne is on Facebook. -CEYLON-MERCANTILE-INDUSTRIAL-AND-GENERAL-WOPRKERS-UNION-. NO. 62/94 A. Fundamental Rights – Freedom of speech – Loudspeaker DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS SUPREME COURT FERNANDO, J. -SOMADASA-POLICE-CONSTABLE-BRIBERY-COMMISSIONERS-DEPARTMENT. 1994 Civil Procedure – Postponement – Prepayment order AND DHEERARATNE. pdf CA Gooneratne and Others v. Silva, J. His Lordship notes that; “the eloquent another Justice Dheeraratne, dealing with a case where there was an insufficiency of stamping in a petition purging the default of appearance held that, "a right of a party to maintain a proceeding cannot be denied to that party on the ground of insufficiency of stamping of a document, unless the law expressly or impliedly provided for such DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS SUPREME COURT FERNANDO, J. His Lordship citing Lord Esher in Salaman v Warner & othersJ2) quot ed the test to be as follows ‘The question must depend on what “I must express my concern over magistrates issuing orders of remand mechanically, simply because the police want such orders made. 296 ED in the Magistrate's Court of Colombo instituted under the Administration of Justice Law between the same parties and on the same cause of action operated as res judicata. BANDARANAYAKE, J. Co-operative Employees' Commission (Dheeraratne, J. SC APPEAL NO. (PRESIDENT/CA) R. CYRIL FERNANDO v. Per Dheeraratne, J. ) 231. The proxy and the answer of the appellant were, therefore, exempt from stamp duty. In any event, by virtue of the provisions of section 5(14)(b) read with section 71 of the In a bustling corner of Colombo, amidst the usual clamour of the Pettah market in 1991, a simple moment sparked a profound mission to honour acts of extraordinary bravery performed by ordinary people. determine a ‘fnal judgment or order’ or an ‘order’ within the. -v. de alwis. Bodhidasa (Dheeraratne, J. to 14. AND W1JETUNGA, J. of 1978 appointed the Hon. S. COLOMBO N0. 16/90, C. W. MUNICIPAL COUNCIL, NUWARA ELIYA AND OTHERS SUPREME COURT. N. LAVINIA 39/SPL. Fundamental Herath (Dheeraratne, J. 053-SLLR-SLLR-1998-V-3-ALMEIDA-v. EDIRIWEERA SUPREME COURTFERNANDO, J. WimalaratneFrom 07. 1980 to 10. PERERA, J. REVISION APPLICATION NO. 89/ C. 81/94 CA NO. Find your friends on Facebook. (Appeal) No. JUSTICE B. -DEHIWELA-MOUNT-LAVINIA-MUNICIPAL-COUNCIL. d. KUMARA, INSPECTOR OF POLICE, KANDY AND TWO OTHERS SUPREME COURTNO. Carlo Fonseka and Singer Sunil Perera outside the Supreme Court . DHEERARATNE, J. Industrial Disputes Act-Term ination of probationer's services-M eaning of "probation"— Bona fides-Point of law taken for the first time in appeal. Per Dheeraratne, J: An erroneous decision on a pure question of law will operate as res judicata quoad the subject-matter of the suit in which it is given, and no further. , AMERASINGHE, J. 283/1993 (FR) SEPTEMBER 22, 1994. AND DHEERARATNE, J. 012-SLLR-SLLR-1994-V2-RUPASINGHE-V. - I agree GOONEWARDENE, J. P. , in Salter Rex. Weliamuna, L. 2. /SPL (WRIT) 3/98 COURT OF APPEAL APPLICATION NO. 105(3) of the Constitution - News item contributed by reporter - Imputation pre-judging result of pending inquiry by Supreme Court into petition challenging Presidential DHEERARATNE, J. Facebook gives people the power to share KULATUNGA. ANDRAMANATHAN, J. SC SPL. RE GARUMUNIGE TILAKARATNE. 145/90 . pdf DEEJAY INDUSTRIES LIMITED v. RATNASIRI WICKRAMANAYAKE AND OTHERS SUPREME COURTDHEERARATNE, J. COLOMBO NO the valid basis for determination o f the important issues in this case and as 024-SLLR-SLLR-2000-V-1-LEADER-PUBLICATIONS-PVT-LTD. 10. ATTORNEY-GENERAL SUPREME COURTFERNANDO, J. B. Financial constraints and the obstructions DHEERARATNE J. J. 41/91. Dealing with the issue of sub judice (the term is derived from the Latin phrase adhuc sub judice lis est, which means “the matter is still under 023-SLLR-SLLR-1998-1-CYRIL-FERNANDO-v. MARfKKAR MOHAMED & OTHERS C O U R T O F A P P E A L S. Carey v. Herath (Dheeraratne, J. Some critiques say this case was decided on strict interpretation of the law as opposed to establishing justice, and had a detrimental effect on the Aquilian action in Sri Lanka. t. 101A/2009, [2011] 2 SLR 70. 90 held that the defendant had nothing to do with the impugned publication and there had been a failure of justice and set aside the judgment and dismissed plaintiff's action. In that decision attention was paid to examine the test to. 12/93. That proclamation did not authorize deviations and alterations to be made by the Courts of Law. dheeraratne - justice ranjit. -MADATTI. 55/97 WITH S. C. Lakshman Ranasinghe for 2nd and 3rd respondents ARGUED ON petitioner in his quest for access to justice. SC (FR) No. (as he then was) in Siriwardena v Air Ceylon (supra) had followed the decision in Bozson (supra), which had clearly reverted to the order approach. 1 of 1889. -STATE-TIMBER-CORPORTAION-AND-6-OTHERS. Considering the petitioner's uneasy relationship with the Trade Unions and the likelihood of industrial strife if he is reinstated and the fact that the employer had alleged a lack of confidence in the petitioner, compensation rather than reinstatement would be the appropriate This was different to the 17th Amendment under which the CC recommended only one name as Chair for appointment by the President. 191 Of 1988FERNANDO, J. 3346/Z. 49/96. RULE 1 OF 1990 JANUARY 25, 1991. KANDY 100384 L. This was no academic clause as evidenced when former President Chandrika Kumaratunga refused to appoint retired Supreme Court justice Ranjith Dheeraratne nominated by the CC as Chair of the Elections Commission. Nevertheless, her appeal to the Supreme Court brought her relief when a bench comprising three Supreme Court judges presided over by Justice Ranjith Dheeraratne allowed the appeal. R. Financial constraints and the obstructions encountered in procuring material will be taken into account. 019-SLLR-SLLR-1993-1-MILLERS-LIMITED-v. RANARAJA. Criticism of the Government, and of political parties and policies, is per se, a permissible exercise of the freedom of speech and expression under Article 14 (1)(a). J . CEYLON MERCANTILE INDUSTRIALAND GENERAL WORKERS UNION (CMU) SUPREME COURT. 515/84 D. -NAWANGE. -ARIYA-RUBASINGHE-DIRECTOR-OF-INFORMATIO. Philip Chandraratne, the founder of the Foundation of Civilian Bravery, was walking along the pavement when he stumbled upon two copies of Reader’s Digest for just two 012-SLLR-SLLR-1994-V1-LUCAS-APPUHAMY-v. 88, on which date learned President's Counsel appeared for the Petitioner and the Court made order granting leave to appeal to the Supreme Court on the grounds liberty and justice which lie at the base of all civil and political institutions ". -NANAYAKKARA-ANOTHERS. Mangala Samaraweera, Minister of Posts, Telecommunications and Media and Others415 HEMASIRI FERNANDO v. pdf 166 Sri Lanka Law Reports (1998) 1 Sri LR. SC APPLICATION 577/97 Noting the judgement by Justice Dheeraratne Dr. P/CA) 161 RUPASINGHE v. 12. The premises are residential premises the standard rent of which exceeded Rs. REFERENCE NO. ARIYA RUBASINGHE, DIRECTOR OF INFORMATION ANDCOMPETENT AUTHORITY AND OTHERS SUPREME COURTAMERASINGHE, J. Sign Up. 44 of 1973 and section 71 of the Courts Ordinance No. 052-SLLR-SLLR-2004-V-3-JAYASOORIYA-v. Choksy, P. ATUKORALE, MINISTER OF LANDS, IRRIGATION ANDMAHAWELI DEVELOPMENT AND ANOTHER SUPREME COURT. Ranjit v Kusumawathi (supra) In Flanjith v Kusumawathie <1) His Lordship Justice Dheeraratne subsequent to considering 18 authorities has set out a test to deter mine a final judgment or an order having the effect of a final judgment. Land Development Ordinance No. -TISSA . He is correct in that submission. In Minister of Justice V Hoffmeyer12, the Appellate Division held that it was an injuria to deny a prisoner who was detained after lawful arrest, reading materials and correspondence. Philip Chandraratne, the founder of the Foundation of Civilian Bravery, was walking along the pavement when he stumbled upon two copies of Reader’s 030-SLLR-SLLR-1986-V-2-DEEJAY-INDUSTRIES-LIMITED-v. 1987. JUSTICE R. Edirisinghe commented how he does not seem to appreciate distinction between common law and statute law and how judges can develop common law by extending its In 1993, Seneris was posthumously awarded the first Gold Medal of Civilian Bravery at the Ukwatta Gangasiri Temple, in a ceremony attended by district officials. 889/95. LAVINIA NO. A. The services of a probationer can be terminated during the period of his probation if his 011-sllr-sllr-1986-v-2-browns-co. Cases referred to : 1. SC APPLICATION 186/95 14th JULY, 1995 Fundamental rights - Cancellation oj appointment of an Inquirer Into Sudden Deaths - Making of a new appointment - Section 108 85 In Ranjit v Kusumawathi and others, (supra), Dheeraratne, J. ‘I hold that the plaintiff has failed to prove on a balance of probabilities, that the negligence of the defendant just prior to 20th May 1992, caused or materially contributed to the death of Suhani on 19th June 1992 and thereby caused patrimonial loss to him,’ held Justice Dheeraratne in judgement. S. AND PERERA, J. STATE TIMBER CORPORTAION AND 6 OTHERS SUPREME COURT. , delivering the judgment for an unanimous Supreme Court, analysed the issues involved in terms of the following: (a) "The Proclamation of 1799 thus declared that the Administration of Justice shall be exercised by the Bodhidasa (Dheeraratne, J. Facebook gives people the power to share and makes the world more open and connected. 038-SLLR-SLLR-1994-V3-CALISTUS-PERERA-v. 324/96 008-SLLR-SLLR-1996-V-2-ARIYASINGHE-v. Revision - Has Court of Appeal jurisdiction by way of revision to reverse or vary an ex parte judgment entered against a defendant in default of appearance? - Duty of court in an ex parte trial - Duty of counsel - Sections 84, 85, 87 5. ANDWADUGODAPITIYA, J. The fact that prison officials were not aware that this was wrongful and considered irrelevant, since the infringement involved an interference Line Maintenance Manager CAS(Post Holder) · Experience: Etihad Airways · Location: Gampaha District · 173 connections on LinkedIn. Application for review of order made by the Supreme Court by the court making order or by reference to a fuller bench-Difference between jurisdic tion to grant special leave to appeal and appellate View Vinuthi Dheeraratne’s profile on LinkedIn, a professional community of 1 billion members. JUSTICE DHEERARATNE & THE HONOURABLE MR. 3. - I agree Appeal dismissed. -HON. pdf CALISTUS PERERA v. when he was addressing Court in relation to the findings of the Lalith Athulathmudali Commission whether Sirisena Cooray conspired to kill Lalith Athulathmudali, and whether the evidence was sufficient even to hang a dead rat. 455. , pages 14 to15 per Dheeraratne, J (Italics added). It was pleaded in the concise statement of facts that the premises were required for Church work and in the concise statement of law DHEERARATNE, J. Premachandra and Others (S. B. Ceylon Fisheries Corporation and Others 361 ALMEIDA v. -MATURATA-AND-OTHERS. MOUNT LAVINIA 302/RE. At a judicial inquiry where there are competing interests of parties, justice and fairness would demand that the parties be permitted to be represented by counsel and that the parties be permitted to call witnesses to support their respective cases. of South Australia) adopted their reasoning and stated: The ultimate question, however, is not whether the defendant's conduct accords with another Justice Dheeraratne, dealing with a case where there was an insufficiency of stamping in a petition purging the default of appearance held that, "a right of a party to maintain a proceeding cannot be denied to that party on the ground of insufficiency of stamping of a document, unless the law expressly or impliedly provided for such View Vinuthi Dheeraratne’s profile on LinkedIn, a professional community of 1 billion members. And in Mahanama Tillekeratna's case, this is what Justice Dheeraratne said 'Learned Solicitor General who appeared for the fourth respondent with his customary fairness, submitted that it is settled law that the arresting officer should be able to justify an arrest on one or more of the grounds set out in subsection 32(1)(b) and that in the Justice Ranjith Dheeraratne asked K. 81/94CA NO. The judgment was firm and clear in its findings. ANDGUNAWARDANA, J. TISSA BANDARANAYAKE. Maureen Seneviratne andanother Justice Dheeraratne, dealing with a case where there wasan insufficiency of stamping in a petition purging the default ofappearance held that, "a right of a Reserch Assistant to His Lordship Justice Dheeraratne - Facebook https://lnkd. and L. Past officers who went on to become Chief Justices Hon. DHEERARATNE. PRIYANI SOYZA v. SOMADASA, POLICE CONSTABLE. Kaleel and Others (Kulatunga J. P. APPEAL tyO. Partition — Revision — Intervention by way ofa pplication for revision — Entry of DHEERARATNE, J. J. NOS. The private member’s bill seeks to define specific civil and criminal offences that amount to ‘contempt’, prescribe appropriate punishments, and regulate judicial procedures dealing with the offence. A. BRIBERY COMMISSIONER'SDEPARTMENT AND OTHERS SUPREME COURTDHEERARATNE, J. WIJETUNGA, J. DECEMBER 02ND AND 03RD, 1991. CA 349-350/79 (F). pdf WIMALADASA v. Constitutional Law - Interpretation of sections 106 and 107 of the 1972 Constitution - Rule 4(12) of the Court of Appeal (Appellate Procedure) Rules 1990 - Holding office at the pleasure of the executive - Ouster of jurisdiction Join Facebook to connect with Ranoj Dheeraratne and others you may know. If the evidence of witness requiring corroboration is not credible his testimony should be rejected and the accused acquitted. 3 | P a g e The trial commenced on 16/01/2020. 04. 65/87 A. FERNANDO, J. ) NO. AMERASINGHE, J. 1 9 8 8 . 79393OCTOBER 06, 1994 Contempt of Court – Summary A Supreme Court case taken up in 2009 had what may be called a slightly dramatic if not inauspicious start, because it had been referred to by the then Chief Justice to a five-judge bench. Within this system courts and judges can be criticised as long as it does not interfere with judgments and cases. Reporting to the world on Tamil Affairs Maureen Seneviratne andanother Justice Dheeraratne, dealing with a case where there wasan insufficiency of stamping in a petition purging the default ofappearance held that, "a right of a party to maintain a proceedingcannot be denied to that party on the ground of insufficiency ofstamping of a document, unless the law expressly or impliedly Generate wherein His Lordship Justice Dheeraratne held thus: “Corroboration is only required or afforded if the wit ness requiring corroboration is otherwise credible. MADATTI SUPREME COURT. 1988 by Dheeraratne, J. 13035/MR particularly in view of the 1799 proclamation which permitted the administration of justice according to Roman Dutch Law subject to deviations and alterations to be made by certain authorities. Writ of Certiorari - Report of a Commission of inquiry under the Special Presidential Commissions of Inquiry Law - Jurisdiction of the Court - Audi alteram Dheeraratne, J. -GUNATILAKE-AND-OTHERS. CA/LA APPLICATION No. ANDPERERA. Justice George Randolph Tissa Dias Bandaranayake, the Hon. C A. CEYLON FISHERIES CORPORATIONAND OTHERS SUPREME COURTDHEERARATNE, J„ ANANDACOOMARASWAMY, J. Philip Chandraratne, the founder of the Foundation of Civilian Bravery, was walking along the pavement when he stumbled upon two copies of Reader’s DHEERARATNE, J. 3316/LSEPTEMBER 12,1994. Ranjit v Kusuma-wathi and others (supra). Those rules are still in force, but if you go to Education authorities with all that in English, you get nowhere. pdf SC Hemasiri Fernando v. pdf 294 Sri Lanka Law Reports (1994] 2 Sri LR. Mr. C. MARCH 17, 18 AND 19, 1986. In Flanjith v Kusumawathie <1) His Lordship Justice Dheeraratne subsequent to considering 18 authorities has set out a test to deter mine a final The court further indicates that “to take a realistic view and not judge like visitors from outer space. R JAYASOORIYAv NANAYAKKARA & ANOTHERSUPREME COURT. The application for leave to appeal to the Supreme Court was taken before the same two judges on 7. A timely DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS SUPREME COURT FERNANDO, J. , (as he then was) in Siriwardena v In analyzing the requisites of the Aquilian Action, Justice Dheeraratne referred to the texts of Wickramanayake , McKerron and Boberg d to the order approach. 4413/Spl. pdf 312 Sri Lanka Law Reports (198912 Sri LR WIJAYASIRIWARDENE v. RE GARUMUNIGE TILAKARATNE SUPREME COURT FERNANDO, J. H. Join Facebook to connect with Preethi Manjula Dheeraratne and others you may know. DE ALWIS, J. AND WADUGODAPITIYA, J. JUSTICE WADUGODAPITIYA. WADUGODAPITIYA, J. AMERASINGHE. had been filed at a time when the Administration of Justice Law was in operation, and that in terms of section 326(1) of that law, no time limit had been prescribed within which such an application should be H. Taking a valuable initiative, Opposition lawmaker Patali Champika Ranawaka recently moved to codify a contempt of court law in Sri Lanka. 3/94. Justice Dheeraratne, in Ranjit v Kusumawathi and others (supra) had carefully considered the decision of Lord Denning, MR. 152/97 C. concurring, held that the requisite preconditions for an arrest and detention to be valid had not been met, and that therefore the petitioner’s fundamental rights under Articles 13(1) {which holds that DHEERARATNE, J. AND WIJETUNGA, J. -KUMARA-INSPECTOR-OF-POLICE-AND-TWO-OTHERS. SUPREME COURT FERNANDO, J. Dehideniya J. Noting the judgement by Justice Dheeraratne Dr. pdf . SC. HC MCA 302/94MC MT. pdf ca brown & co. Some critiques say this case was decided on strict interpretation of the law as opposed to establishing justice, and had a detrimental effect on the Aquilian Nearly 20 years ago, former Supreme Court Justice Ranjith Dheeraratne told a newspaper that in the UK, nobody had been prosecuted for contempt of court in over 70 years. Justice Dheeraratne, in Ranjit v Kusumawathi and others (supra) had carefully considered the decision of Name of JusticeDate of appointment as PCAHon. RatwatteFrom 15. another Justice Dheeraratne, dealing with a case where there was an insufficiency of stamping in a petition purging the default of appearance held that, "a right of a party to maintain a proceeding cannot be denied to that party on the ground of insufficiency of stamping of a document, unless the law expressly or impliedly provided for such 1799 proclamation which permitted the administration of justice according to Roman Dutch Law subject to deviations and alterations to be made by Certain authorities. 676/98 MAY 20, 1999. 626/88, AGRARIAN SERVICES INQUIRY No BD/E/34/375. LT APPLICATION NO. Join Facebook to connect with Nuwan Dheeraratne and others you may know. A plethora of case law had been cited in the two Supreme Court judgements made by Justice Dheeraratne on the one hand, and Justice Sharvananda on the other, in the two Justice Dheeraratne in Ranjit v Kusumawathi (supra) had examined several cases including those which were referred to by Sharvananda, J. 884/92FEBRUARY 10 AND MARCH Per Dheeraratne, J “I think we are not entitled, as Judges, Moreover, during the Hanaffi v. agreeing. 105(3) of the Constitution - News item contributed by reporter - Imputation pre-judging result of pending inquiry by Supreme Court into petition challenging Presidential Preethi Manjula Dheeraratne is on Facebook. 43/83. DC COLOMBO 1949/L. AND RAMANATHAN, J. ALUWIHARE PC For the Appearing Parties: Panduka Abeynayake with Yalith Wijesundera, Shanaka de Livera, Instructed by Livera Associates, Advocates. ) 203 AMARASINGHE v. AND DHEERARATNE. Per Dheeraratne, J Justice Thilakawardene held that seeking the abovementioned relief in the District Court prior to his termination was not a bar for the workman to seek relief under section 31B (5) of the Industrial Disputes Act, in the Labour Tribunal. -MANGALA-SAMARAWEERA-MINISTER-OF-POSTS-TELECOMM. APPEAL NO. 87/94OCTOBER 11TH, 1994. Brown (1980) 447 U. ) 203 to appear and defend in the action by assigning State Counsel to appear for the defendant who is a public officer. 216/87 (F) D. Justice Dheeraratne in . fernando 177 brown & co. 007-SLLR-SLLR-2000-V-1-WIMALADASA-v. COLOMBO NO. -CEYLON-FISHERIES-CORPORATION-AND-OTHERS. ” was also examined by Dheeraratne, J. His Lordship citing Lord Esher in Salaman v Warner & othersJ2) quot ed the test to be as follows ‘The question must depend on what Rienzie Arsecularatne [2001] 2 SLR 293 is the land mark case in 9 this regard. Join Facebook to connect with Sarangie Dheeraratne and others you may know. What I have given you is more than just a government gazette. COLOMBO 81692/M JANUARY 19, 1995. (10 June, 2018) A two-judge bench has recommended to the Chief Justice that the Supreme right of hearing in breach of the principles of natural justice. That AND DHEERARATNE. Re-listing - Application for re-listing petition for certiorari dismissed for want of appearance - Is the giving of reasons for order of reinstatement of appeal necessary? In this instance, the apex Court, in a judgment penned by Justice (J) Mark Fernando with Dr. 56/97 C. 18 AND 19. Hon. Wadugodapitiya and Justice Shiranee Bandaranaike consenting, stated that the Police DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS SUPREME COURT FERNANDO, J. 1980Hon. HON. SEPTEMBER 16, 1985. L A. DE SILVA, J. Landlord and tenant – Tenant notified of Concerns about the Bill were so intense that almost all the lawyers for the petitioners appeared free of charge. 1981Hon In Flanjith v Kusumawathie <1) His Lordship Justice Dheeraratne subsequent to considering 18 authorities has set out a test to deter mine a final judgment or an order having the effect of a final judgment. -ltd-v. 1978. 1799 proclamation which permitted the administration of justice according to Roman Dutch Law subject to deviations and alterations to be made by Certain authorities. Attorney-General 311 GOVINDARAJAH v. 1204/P SEPTEMBER 30, 1994. in/gfdxtfwr My father in law former Supreme Court justice Ranjit Dheeraratne’s 4th death anniversary fell on the 12th of August. Articles People Learning Jobs Games Join now Sign in Vinuthi Dheeraratne -- Kalutara District, Western Province, Sri Lanka was not wrongful. Law Student at University of Leeds · A dedicated final year Law student at the University of Leeds, Interned under Supreme Court Judge Justice Yasantha Kodagoda as a legal intern and assistant research officer. 16 & 2 0 . GOONEWARDENA J. Justice Dassanayake Padmasiri Swamajith 134. MOUNT LAVINIA NO. MAY 18, 1994. She was later appointed as the first female High Court Judge of Sri Lanka and also became the first female Judge of the Court of Appeal as well as the first female President of the Court of Appeal. D. 672/87 D. “Courts are part of the democratic system of governance. AND BANDARANAYAKE, J. MT. MANGALA SAMARAWEERA,MINISTER OF POSTS, At, Supreme Court of Sri Lanka By, THE HONOURABLE MR. 65/88, But the court will not place an undue burden on a petitioner in his quest for access to justice. , WADUGODAPITIYA, J. I cannot do better than to quote the words of Justice Dheeraratne in connection with Court awards damages in fundamental rights case. pdf sc Jayatillake and Another v. 14/81. violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions ". W Goonesekera, J. 100/-per mensem. 134. (2) 040-SLLR-SLLR-2002-3-GOVINDARAJAH-v. B G O O N E W A R D E N E J & V IK N A R A JA H J. 2 of 1978, section 43 of the Administration of Justice Law. Partition - Scheme of Partition - Roadway - Via vicinalis - Can use be made of a private road outside the corpus to provide access to the MASLAHAH MURSALAH AS A BASIS FOR MUSLIM LAW REFORM IN SRI LANKA by Justice Saleem Marsoof, PC An Abstract This is an edited version of an article published in [2016-2017) Volume 51 of the Meezan Journal, which is an annual publication of the Sri Lanka Muslim Majlis, a student body of the Sri Lanka Law College. APPLICATION No. Posted by Administrator on 21 December 2012, 11:49 pm “The Petitioner in this application has sought a writ of certiorari to quash the findings and/or the decision contained in the report of the 2nd to the 8th Respondents marked P17. 595/98 MAY 25 AND 28, 1999. fernando court of appeal. As far as general requisites of an answer of a defendant are concerned, section 75 (d) of the Civil Procedure Code specifies, an answer shall contain a statement admitting or denying the several under the Administration of Justice Law in the Magistrate's Court. SEPTEMBER 19, 1989. Charles Peter Layard SLRC and Others (SC/FR/557/2008), where the judgement was penned by President’s Counsel (PC) and Justice (J) Buwaneka Aluwihare and was joined by Priyantha Jayawardena PC J. g. JANUARY 23 AND 27. ANDISMAIL, J. pdf sc Millers Limited v. Dheeraratne, a moment that set the tone for what would become an annual tradition recognising unsung heroes across the island. CA Kodippilige Seetha v. Facebook gives people the Facebook. Dheeraratne (who delivered BANDARANAYAKE, J. COUNSEL: Sanath Jayatilake with Jayanthe Wewelwala for petitioner. ANDGUNASEKERA, J. 453/86 AND 489/86 JUNE 18 AND JULY 10, 1998 \ V Writ of Certiorari - Divesting of a house - Section 17A of the Ceiling on Housing Property Law, No. (1999, 1 Sri LR, 1, Per Dheeraratne, Gunawardana and Weerasekara JJ) The Supreme Court held inter alia, have been reached without giving the petitioner a right of hearing in breach of the principles of AND DHEERARATNE. -fernando. 09. -g. Justice D. But, to me, it is well considered judgment by his Lordship Justice Ranjith Dheeraratne. , ltd. -RATNASIRI-WICKRAMANAYAKE-AND-OTHERS. 75/94 CA APPEAL NO. Considering the principles laid down in conform to the rules of natural justice, or where the compliance with any mandatory provisions of any law is a condition precedent to the making or issuing of any such order, decision, determination, direction or finding, and the Court of In 1993, Seneris was posthumously awarded the first Gold Medal of Civilian Bravery at the Ukwatta Gangasiri Temple, in a ceremony attended by district officials. In a bustling corner of Colombo, amidst the usual clamour of the Pettah market in 1991, a simple moment sparked a profound mission to honour acts of extraordinary bravery performed by ordinary people. 310/97 (FR) DHEERARATNE, J. Husband of Hema, father of Dr Ruvini, Nuwan (Etihad) and Ranoj (Dheeraratne Enterprises), father-in-law of Dr Namal, Rajitha (Sri Lankan Airlines) and Manjula (Boswell International College), grandfather of Dr Hasini, Banuka, Mewan, Deelaka, Ranugi, Vinuthi and Ramitha. 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