Court : Sri Lanka Supreme Court
Decided on : Feb-12-2014
..... of determining this matter as the whole issue is based on interpretation of this section. interpretation of section 65a(2) section 65a(2) of the local authorities elections amendment act no 24 of 1987 reads as follows: œif the office of a member falls vacant due to death, resignation or for any other cause, the returning officer ..... by the appellant in this appeal is that œdid the court of appeal err in failing to consider that section 65a(2) of the local authorities elections amendment act no 24 of 1987 vested the secretary of a recognized political party with a discretion which had been properly exercised by the 4th respondent in the circumstances of ..... in the nomination paper of the recognized political party or independent group to which the member who vacated office belonged. however, the law was amended by the local authorities elections (amendment) act no. 24 of 1987 by which the secretary of a recognized political party or the group leader of an independent group will be called upon .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Mar-24-2014
..... chief justice. the 1st to 5th respondents to this application are the members of the parliamentary council established by article 41a(1) of the constitution, as amended by the eighteenth amendment to the constitution, which presumably made observations as contemplated by the said article 41a(1) read with schedule ii part i item 1 thereof, prior to ..... of sri lanka of 1978. there was a similar provision in article 23(1) of the constitution of sri lanka of 1972. the corresponding provision in the indian constitution is article 361. the principle upon which the president is endowed with this immunity is not based upon any idea that, as in the case of the ..... category of matters referred to in article 35 (3) can be questioned in court in proceedings instituted against the attorney-general. thus in proceedings in respect of such acts or omissions of the president, the attorney-general can properly be made the defendant or respondent. article 35 (3) exhausts the instances in which proceedings may be .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Mar-25-2014
..... as œthe appellant?). the appellant is the international water management institute which had been incorporated by the international irrigation management institute act no.6 of 1985. the said act was amended by the amending act no. 50 of 2000, which inter-alia renamed the institute as the international water management institute. the applicant-respondent-respondent ..... 1983.? in considering the question raised in (b) above, section 33 of the international irrigation management act 1985 act must be read together with section 2 of the act, section 3 and other provisions of the amending act no. 50 of 2000 and the memorandum of agreement between the ford foundation and the government of ..... which shall operate as an autonomous organization, international in character. section 3 of the amending act of 2000 provided for renaming the institute and relocating its headquarters, as already noted, but section 33 of the original act was not touched except for the change of name. i have serious doubts as to .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Apr-02-2014
..... .2009 addressed to the registrar of the high court of colombo, exhibited information against all four accused under section 450(4) of the code of criminal procedure act no. 15 of 1979 as amended by act no. 21 of 1988 (hereinafter referred to as the code of criminal procedure) and his lordship justice asoka de silva, the chief justice at the time, ..... not disputed and is accepted by the opponent–. this principle is echoed in pilippu mandige nalaka krishantha kumara tissera v. ag (2007) and is line with the approach adopted by indian courts as well as evidenced by the decisions in sarwan singh v state of punjab (2002) (air sc 111) where it was held that it is a rule of ..... in the commission of the crime, or owe some duty to the person in danger that makes it incumbent on him to prevent its commission." the definition given in the indian case of chetumal rekumal v. emperor (1934) (air 183) has also found support in sri lankan case law and was adopted in king v. pieris appuhamy (1942) (43 nlr .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Feb-21-2014
..... others (1987) 1 sri lr 208, in which this court dealt with an apparent conflict between the ouster clause found in section 22 of the interpretation ordinance, as amended by act no. 18 of 1972, and the power of judicial review conferred principally on the court of appeal by article 140 of the constitution, and expressed the view at ..... triggered further horizontal expansion of the parameters of the writ jurisdiction in sri lanka as elsewhere, and it has been held in decisions such as harjani and another v indian overseas bank and another (2005) 1 sri lr 167 that even private bodies exercising public functions are amenable to the writ of certiorari. learned counsel for the ..... with no trace of any deference due to the crown and its agents." he has also submitted, citing recent decisions of our courts such as harjani and another v indian overseas bank and another (2005) 1 sri lr 167, that the dynamism of law has driven the traditional remedy of certiorari away from its "familiar moorings by the .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Mar-25-2014
..... a œborrower?? the question is whether the appellant muditha pererea is a œborrower? within the meaning of the recovery of loans by bank (special provisions) act no.4 of 1990, as subsequently amended, having regard to the decision of the supreme court in hatton national bank v jayawardena (2007) balr 50. to answer this question, it would be necessary ..... the act to have the mortgage enforced. s.n.silva cj in his erudite majority judgment in ramachandran and others ..... legal antecedents. prior to the enactment of the recovery of loans by bank (special provisions) act of 1990, any bank that lent money on the security of a mortgage had to rely on the provisions of the mortgage act no. 6 of 1949, as subsequently amended, to obtain a œhypothecary decree? from court in terms of section 48(1) of .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Apr-04-2014
..... inclusion of the words žaggregate valueÿ. relevant here is n.s. bindra in žinterpretation of statutesÿ9th edition wherein it is stated as follows: œwhen a legislature amends an act by deleting something which was there, then in the absence of an intention to the contrary, the deletion must be taken to be deliberate?. this court cannot ignore the ..... general of inland revenue on 01.01.2007 in accordance with section 40 of the stamp duty act no. 43 of 1982 as amended by the stamp duty (special provision) act no. 12 of 2006 and/or read with section 136 of the inland revenue act no. 38 of 2000. thereafter, subsequent to further discussions between the petitioner and the deputy ..... 1465/19 cannot be examined in isolation: it must be examined in the context of the stamp duty act no. 43 of 1982 and that of act no. 12 of 2006. thus, given that the more recent provisions have sought to amend the original act, a detailed summary of the changes made to the legislative provisions is called for. the original .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Apr-04-2014
..... and not the entire board. the counsel supported this contention with reference to the state mortgage and investment bank law no. 13 of 1975 and its consequent amending act which amended the provision that œthe board shall sign a certificate of sale?to œany two members of the board shall on behalf of the board sign a certificate ..... of sale?, as well as other legislative enactments including the national development bank act no. 02 of 1979, the bank of ceylon ordinance and the peoples bank act no. 43 ..... . such inconsistencies in argument as well as blatant misrepresentations of fact by the appellant make it extremely difficult for this court to accept that the provisions of the act had not been complied with, especially when evidence presented before court suggest otherwise. therefore, it must be affirmed that, in the eyes of this court, section .....
Tag this Judgment!