Court : Sri Lanka Supreme Court
Shirani A. Bandaranayake, J. The petitioner, who was a Driver attached to the Sri Lanka State Plantation Corporation, had complained that his fundamental rights guaranteed in terms of Articles 11 and 13(1) of the Constitution were violated by the 1st respondent for which this Court had granted leave to proceed. The petitioners complaint, as submitted by him, albeit brief, is as follows: The petitioner had to report for work usually at the Head Office of the Sri Lanka Plantation Corporation situated at Vauxhall Street, Colombo 02 and as he was from Niyagama, Talgaswatta, for his convenience he had been staying with a family known to him at Park Avenue in Colombo 08. On 30.03.2007 after his work the petitioner had gone to Niyagama as the following Monday was also a holiday and on 02.04.2007, he had left his home at Niyagama to proceed to Colombo on 02.04.2007. He had come to the bus halt at Gallinda Junction around 5.00 p.m. to proceed to Elpitiya from where he could wait for a bus plyin...
Tag this Judgment!Court : Sri Lanka Supreme Court
Marsoof, J. I have had the advantage of perusing the judgement prepared by my brother Balapatabandi, J., in draft, and I regret that I cannot agree with his findings, for the reasons outlined below. This appeal is against the decision of the Court of Appeal dated 8th October 1999, holding that the Defendant-Respondent-Respondent-Appellant (hereinafter referred to as œthe Appellant?) is guilty of contempt of court, and imposing on him a sentence of 2 years rigorous imprisonment and a fine of Rs. 500,000/- along with a further term of 6 months rigorous imprisonment upon default thereof. The said conviction and sentence arose from the alleged violation of an undertaking given by the Appellant in the context of a revision application filed by the Plaintiff-Petitioner-Petitioner-Respondent (hereinafter referred to as œthe Respondent?) in the Court of Appeal challenging an order of the District Court of Colombo refusing an interim injunction to restrain the Appellant, his agents ...
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