Court : Sri Lanka Supreme Court
Wanasundera, PC.J. In this case leave was granted to the Defendant-Respondent”Appellant (hereinafter referred to as the Appellant) from the judgment of the Civil Appellate High Court of the Western Province dated 26.03.2010 on the questions of law set out in paragraph 15(d) of the Petition dated 07.05.2010 which reads as follows:- 15(d) œDid the High Court err in not holding that the Petitioner had attorned to the Respondent and is the tenant of the Respondent in respect of the premises in suit?. The Plaintiff-Appellant-Respondent (hereinafter referred to as the Respondent) instituted action in the District Court of Colombo against the Appellant seeking an order to eject the Appellant from the premises bearing No. 111, New Chetty Street, Colombo 13, for the reason that the Appellant had failed and neglected to accept the Respondent as the landlord with effect from 1st of January 2005. The Appellant had been the tenant of S.R.G. Corea at one time and who died later on. Her c...
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Wanasundera, PC.J. In this case, a preliminary objection was taken up by the Plaintiff-Respondent- Respondents with regard to non compliance of Rule 30(1) of the Supreme Court Rules by the Defendant-Appellant-Appellants. Rule 30(1) reads:- œNo party to an appeal shall be entitled to be heard, unless he has previously lodged five copies of his written submissions [hereinafter referred to as submissions) complying with the provisions of this rule?. This Court granted Leave to Appeal to the Appellants, from the judgment of the Civil Appellate High Court of Ratnapura on 28.10.2011. According to Rule 30(6), the Appellant should lodge his written submissions within 6 weeks of the grant of leave to appeal. Rule 30(6) reads:- œThe appellant shall within six weeks of the grant of special leave to appeal, or leave to appeal, as the case may be, lodge his submissions at the Registry and shall forthwith give notice thereof to each respondent by serving on him a copy of such submissions...
Tag this Judgment!Court : Sri Lanka Supreme Court
Wanasundera, PC.J. The Petitioners have come before this Court by way of a petition dated 1st February, 2013, complaining that their fundamental rights guaranteed under Article 12(1) of the Constitution have been violated by one or more of the Respondents by not admitting the 2nd Petitioner to Grade 1 of Sirimavo Bandaranaike Vidyalaya, Colombo. The 1st Petitioner is the mother of the minor girl child, the 2nd Petitioner. Leave to Proceed was granted by this Court on 03.7.2013. The Petitioners applied to this school under the category of "children of residents in close proximity to the school". The address of the Petitioners as given is No. 109/10, Fife Road, Colombo 5. They claim that this place was leased by the 2nd Petitioner child's father in 2003 and that they have been living there since then. The child's paternal grand parents reside at No. 10, Andiris Silva Mawtha, Rawatawatta, Moratuwa and the objections filed on behalf of the Respondents seem to suggest that the Petitioners l...
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Saleem Marsoof, Pc. J, This is an appeal against conviction and sentence in a case of murder. The Accused-Appellants- Petitioners-Appellants (hereinafter sometimes referred to as the "appellants") were indicted in the High Court of Balapitiya for the murder of Patabandige Hiran Sanjeewa Perera of Ambalangoda (hereinafter sometimes referred to as the "deceased") in terms of Section 296 read with Section 32 of the Penal Code, and upon being found guilty by the High Court, sentenced to death. he Court of Appeal, by its impugned judgment dated 6th August 2010, affirmed the conviction and sentence, and dismissed the appeal. Salient Facts relating to the Trial before the High Court Briefly stated, the prosecution case at the trial was that on 4th January 1997 at about 5.30 pm, when one Nishshanka Rasika de Silva, was riding a bicycle which had been borrowed from a friend, towards the residence of the deceased in Ambalangoda, with the deceased seated on its cross-bar, they were pursued by the...
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Wanasundera, PC.J. Leave to Appeal was granted by this Court on 05.02.2013, in order to enable an Appeal against the judgment of the Civil Appellate High Court of the North Central Province holden in Anuradhapura dated 11.01.2011, on the following questions of law as enumerated in paragraph 9(v), (vi) and (vii) of the Petition dated 21.02.2011: (9v) Has the Court erred in failing to consider and apply the law laid down in Arunachalam v Mohamedu (1914) 17 NLR 251 which is a judgment referred to in the decision of the Court of Appeal in Jayaratna v. Jayaratna (2002) 3 SLR 331 which was cited by the High Court in its impugned judgment in this Appeal; (9vi) Has the High Court erred in failing to hold that a Defendant is entitled to rely on a defence which accrued to him prior to filing of his answer although it accrued after the institution of the action by the Plaintiff; (9vii) Although this action has been instituted as a possessory action, as the Plaintiff has pleaded damages as against...
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