Court : Sri Lanka Supreme Court
..... by a court of appeal fails to produce the same vivid appreciation of what the witnesses say or what they omit to say'. similarly, lord pearce in onnassi v. vergottis ((1968)2 lloyds' r.403) stated that 'one thing is clear, not so much as a rule of law but rather as a working rule of common sense. a trial ..... its discretion to call for the productions, its power is conditional upon it being necessary or expedient in the interest of justice. section 329 of the code of criminal procedure act stipulates that calling fresh evidence by an appellate court must occur only in very rare instances. thus according to the unreported case (no.ca 1161/82 dated 13/09/ ..... 250; nishan singh v. state air 1955 punj. 65). while the presumption is used sparingly in criminal cases, it will be presumed even in a murder case that a man acting in public capacity has properly discharged his official duties, until the contrary is proven (vide, r v. gordon, (1789)1 leach 515). finally, with respect to the appreciation of .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... pitted against a competent state counsel who is trained in law. the right to legal representation is lucidly stated by lord denning mr in pett vs. greyhound racing association ltd. (1968) 2 all e.r. 545 at 549 in the following words : it is not every man who has the ability to defend himself on his own. he cannot bring out ..... to the satisfaction of court, the circumstances under which the mistakes or errors were committed, it may be appropriate for the court to accept it. once the counsel regrets his act, it is the duty of court to make him feel that he is an essential link in the administration of justice and that his apology is accepted with a view .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... in terms of section 25 of the ordinance. the necessity to issue the permit on a prescribed form was referred to in kassim hameedu lebbe v m. sultan samoon ((1968) 71 n.l.r. 452). it was said in that decision that the permit shall contain certain conditions and may contain other conditions which the government agent is authorized ..... and she had instituted action before the district court in february 2001. in such circumstances, considering the provisions contained in section 68 (1) of the land development (amendment) act, since the appellant had failed to enter into possession of the land in question within a period of six months from the date of the death of the appellant's ..... the date of the death of the owner of the holding." as stated earlier, the original section 68 had been replaced with a new section by land development (amendment) act, no. 16 of 1969. in the new section 68 instances where failure to succeed to the holding are clearly stated. accordingly, if a spouse of a permit-holder .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... permission to make consequential amendments to the original writ petition filed on 6th june 2005 possibly in order to save time. it is manifest that the appellant had acted with reasonable expedition and in good faith in making his application to add the parties sought to be added by him at the stage he made his application by ..... published in the gazette extraordinary dated 4th november 1991 (p7), divesting the said premises along with certain other premises, in terms of section 39a(1) of the land acquisition act no. 9 of 1950, as subsequently amended. the appellant has stated in his application to the court of appeal, that since by the time the said divesting order ..... purporting to release a condominium unit claimed by the appellant from a divesting order previously made by the said minister in terms of section 39a(1) of the land acquisition act no. 9 of 1950, as subsequently amended. it was claimed by the appellant in his application filed in the court of appeal, that by virtue of the deed .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... has failed to establish the fact that a notice was sent to the commissioner for national housing, as contemplated by section 22 (1a) of the rent act. conclusions accordingly, i answer both substantive questions for determination on this appeal in the negative. the appeal is dismissed and the decisions of the lower courts are ..... majority decision, the supreme court overruled the court of appeal and restored the decision of the district court that the defendants were not entitled to the protection of the rent act in the circumstances of the case. sharvananda, c.j., (with whom wimalaratne, j., colin-thome, j., and ranasinghe, j., concurred, wanasundera, j., dissenting) ..... left open the interesting but not altogether easy question whether a defendant who denied a tenancy in his answer is entitled to plead the benefits of the rent act.?when the matter ultimately reached the supreme court on appeal, victor perera, j., (with whom wimalaratne, j., and colin thome, j., concurred), held that the .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... enough opportunities to correct himself by imposing lesser punishments; d) even during the incident which related to the cessation of his employment, the petitioner had acted justly and reinstated the respondent in service, subject to justifiably imposed conditions; e) the refusal to report for work by the respondent therefore is not ..... question surrounding the reasonableness of the labour tribunal order. apart from the non-settlement of the cash shortage at issue, there were several other acts of misconduct committed by the applicant that reveals him to have been a generally undisciplined employee with little regard for the practices and procedures of ..... 408 of the brief) this court finds that the learned president, having considered the extent of the respondents misconduct as well as the correspondence, acted well within reason to conclude that the petitioner had not constructively terminated the respondent. the learned presidents determination that the respondents refusal to report to .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... for a new trial were granted, it would clearly be interlocutory. so equally when it is refused, it is interlocutory. it was so held in an unreported case, anglo-auto finance (commercial) ltd. v robert dick, and we should follow it today. this question of final or interlocutory is so uncertain, that the only thing for practitioners to do is to .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... of exclusive possession, prescribed to porikehena as against the said haramanis. it was submitted by learned counsel for the respondents that any instance at which haramanis had acted in relation to porikehena is explicable on the basis that he functioned as an agent of jeeris. he explained that when jeeris died leaving as his heirs emis ..... decided under the provisions of the current legislation on the subject, namely, the partition law no. 21 of 1977, as subsequently amended, which replaced the partition act of 1951. a basic principle in all the enactments is that where there has been no proper investigation of title, any resulting partition decree necessarily has to be ..... affecting that larger land shall be filed in court? to enable the filing of lis pendens showing the larger land and taking other mandatory steps under the act, which are necessary to ensure that all interested parties are before court. the district court has ordered the partitioning of the said larger portion of land .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... pleadings and prior correspondence between the parties, and the admissions recorded in the case. it is also obvious that in allowing issues 9 and 10 the tribunal acted in disregard of the cherished principle enunciated in decisions such as dinoris appuhamy v sophie nona 77 nlr 188 that issues cannot be permitted to be framed ..... the mandate of the arbitrators, the award may be set aside or its enforcement may be refused for want of jurisdiction. thirdly, where the arbitrators purport to act within the scope of their mandate, but in the process exceed their authority by dealing with claims that the parties have not submitted to them, enforcement may ..... submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration. similarly, according to section 34(1)(a)(iii) of the arbitration act, the high court may refuse to recognize or enforce such an award, in these circumstances. the provisos to these provisions create exceptions in regard to decisions on .....
Tag this Judgment!Court : Sri Lanka Supreme Court
..... he has further submitted that no prejudice has been caused to the respondents by the said amendment to the petition of appeal. section 39 of the judicature act provides as follows:- whenever any defendant or accused party shall have pleaded in any action, proceeding or matter brought in any court of first instance neither party ..... fancy of reckless litigants and their respective legal advisors. in particular, learned counsel for the respondent invited the attention of court to section 39 of the judicature act which provides that any objection to jurisdiction must be taken at the first available opportunity in the relevant court, which in this instance was the court of ..... appeal had been initially sought were as follows:- (a) did the court of appeal misinterpret the provisions of section 3(4) of the rehabilitation of public enterprises act no. 29 of1996? (b) did the court of appeal err in law and in fact in not considering that the petitioners had accepted the voluntary retirement scheme .....
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