Justice dheeraratne P. Dheeraratne, a moment that set the tone for what would become an annual tradition recognising unsung heroes across the island. pdf 342 Sri Lanka Law Reports [2004] 3 Sri L. -s. Justice George Randolph Tissa Dias Bandaranayake, the Hon. I cannot do better than to quote the words of Justice Dheeraratne in connection with Court awards damages in fundamental rights case. MT. Justice Dheeraratne, in Ranjit v Kusumawathi and others (supra) had carefully considered the decision of Lord Denning, MR. 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 ". Justice Dheeraratne in . ANDDHEERARATNE, J. Facebook gives people the Facebook. B G O O N E W A R D E N E J & V IK N A R A JA H J. , ltd v. 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. 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. DE ALWIS, J. ANDWIJETUNGE. 2/77. -ARIYA-RUBASINGHE-DIRECTOR-OF-INFORMATIO. determine a ‘fnal judgment or order’ or an ‘order’ within the. 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. R. Ranjit v Kusuma-wathi and others (supra). 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. , in Salter Rex. 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. 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. 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. -CEYLON-FISHERIES-CORPORATION-AND-OTHERS. CA/LA APPLICATION No. 62/94 A. D. AND WIJETUNGA, J. 81/94 CA NO. Attorney-General 311 GOVINDARAJAH v. Amerasinghe J. LT APPLICATION NO. AMERASINGHE. -SOMADASA-POLICE-CONSTABLE-BRIBERY-COMMISSIONERS-DEPARTMENT. REVISION APPLICATION NO. R JAYASOORIYAv NANAYAKKARA & ANOTHERSUPREME COURT. View Nuwan Dheeraratne’s profile on LinkedIn, a professional community of 1 billion members. Bodhidasa (Dheeraratne, J. 10. 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. 550/88 F C. 3316/LSEPTEMBER 12,1994. 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. Premachandra and Others (S. 8/1193/96. 1980 to 10. 1,336 Followers, 1,236 Following, 135 Posts - See Instagram photos and videos from Deelaka Dheeraratne (@deelakadheeraratne) SUPREM E COURT DHEERARATNE, J. SC. fernando 177 brown & co. 595/98 MAY 25 AND 28, 1999. -KUMARA-INSPECTOR-OF-POLICE-AND-TWO-OTHERS. SEPTEMBER 18 AND 24 , 1992. 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. FERNANDO, J. JULY 14, BEFORE: H. 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. Dheeraratne (who delivered BANDARANAYAKE, J. 889/95. 2. SILVA. 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. ) 401 LUCAS APPUHAMY v. AND ISMAIL, J. 44 of 1973 and section 71 of the Courts Ordinance No. P/CA) 161 RUPASINGHE v. 3. 12/93. ALUWIHARE PC For the Appearing Parties: Panduka Abeynayake with Yalith Wijesundera, Shanaka de Livera, Instructed by Livera Associates, Advocates. COLOMBO 81692/M JANUARY 19, 1995. APPEAL No. AND1SMAJL, J. C. Fundamental Herath (Dheeraratne, J. SC SPL. 12. RIENZIE ARSECULARATNE [2001] 2 SLR 293. (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. 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. AND RAMANATHAN, J. 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. 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. H. -DEHIWELA-MOUNT-LAVINIA-MUNICIPAL-COUNCIL. SEPTEMBER 19, 1989. pdf ca brown & co. HC MCA 302/94MC MT. SEPTEMBER 16, 1985. 626/88, AGRARIAN SERVICES INQUIRY No BD/E/34/375. SC APPEAL NO. RatwatteFrom 15. SC (FR) No. Justice Dassanayake Padmasiri Swamajith 134. 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. 100/-per mensem. 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. Ceylon Fisheries Corporation and Others 361 ALMEIDA v. MAY 18, 1994. 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. Taking a valuable initiative, Opposition lawmaker Patali Champika Ranawaka recently moved to codify a contempt of court law in Sri Lanka. DEHIWELA-MOUNT LAVINIA MUNICIPAL COUNCIL COURT OF APPEAL. ANDRAMANATHAN, 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. BANDARANAYAKE, J. S. 65/87 A. ANDGUNASEKERA, J. 1978. ABEYRATNE v. pdf sc Millers Limited v. fernando court of appeal. GOONEWARDENA J. or. /SPL (WRIT) 3/98 COURT OF APPEAL APPLICATION NO. -MANGALA-SAMARAWEERA-MINISTER-OF-POSTS-TELECOMM. 676/98 MAY 20, 1999. 283/1993 (FR) SEPTEMBER 22, 1994. SOMADASA, POLICE CONSTABLE. 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. 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. , AMERASINGHE, J. 152/97 C. ANDWADUGODAPITIYA, J. 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. 1986. That proclamation did not authorize deviations and alterations to be made by the Courts of Law. 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. MARCH 17, 18 AND 19, 1986. STATE TIMBER CORPORTAION AND 6 OTHERS SUPREME COURT. 3346/Z. But, to me, it is well considered judgment by his Lordship Justice Ranjith Dheeraratne. DESHAPRIYA AND ANOTHER v. 75/94 CA APPEAL NO. G. JUNE 11, 1993. 16 & 2 0 . , WIJETUNGA, J. 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. 7331/RE SEPTEMBER 27. 191 Of 1988FERNANDO, J. -TISSA . -GUNATILAKE-AND-OTHERS. 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. MOUNT LAVINIA NO. 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. 16/78(F), C. -NANAYAKKARA-ANOTHERS. v Gosh (supra) 387 and 388 could be cited as such example. 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. ) 203 to appear and defend in the action by assigning State Counsel to appear for the defendant who is a public officer. -g. RE GARUMUNIGE TILAKARATNE SUPREME COURT FERNANDO, J. Per Dheeraratne, J 031-SLLR-SLLR-1994-V2-ABEYRATNE-V. pdf sc De Silva, v. 672/87 D. 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. Kaleel and Others (Kulatunga J. T. 1980Hon. C. 515/84 . A. 8. 89/99 C. pdf no Sri Lanka Law Reports (19891 2 Sri LR SEELAWATHIE v. No. (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. WimalaratneFrom 07. Richard Cayley Hon. "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. , pages 14 to15 per Dheeraratne, J (Italics added). 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. 271/88. 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. L. Industrial Dispute - Wrongful termination of services of employee - Death of employee - applicant- Dismissal of application - Substitution of widow - are DHEERARATNE, J. 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. -NAWANGE. , ltd. PRIYANI SOYZA v. 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. 105(3)ofthe Constitution - News item contributed by reporter - Imputation Sarangie Dheeraratne is on Facebook. 3 | P a g e The trial commenced on 16/01/2020. DC COLOMBO 1949/L. (Appeal) No. 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. The premises are residential premises the standard rent of which exceeded Rs. Past officers who went on to become Chief Justices Hon. 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. and Co. 007-SLLR-SLLR-2000-V-1-WIMALADASA-v. ANDPERERA, J. JUSTICE DHEERARATNE & THE HONOURABLE MR. Financial constraints and the obstructions encountered in procuring material will be taken into account. HC MCA 302/94 MC MT. ATUKORALE, MINISTER OF LANDS, IRRIGATION ANDMAHAWELI DEVELOPMENT AND ANOTHER SUPREME COURT. (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. and Ranjith Dheeraratne J. RAMANATHAN, J. Herath (Dheeraratne, J. 89/ C. M. AND PERERA, J. Contempt - Art. Log In. CA 1219/82. Atukorale, Minister of Lands, Irrigation and Mahaweli Development and Another 283 DE SILVA v. ) 231. WANIGASURIYA COURT OF APPEAL S. “Courts are part of the democratic system of governance. 145/90 . Cases referred to 046-SLLR-SLLR-1999-V-1-HEMASIRI-FERNANDO-v. 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. -MADATTI. S. MATURATA AND OTHERS SUPREME COURT. 15 JULY, 1996. REFERENCE NO. 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). of 1978 appointed the Hon. pdf WIMALADASA v. CA 349-350/79 (F). 173/94 (F) D. Facebook gives people the power to share and makes the world more open and connected. A. 455. DHEERARATNE. B. For the Petitioners: R. violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions ". 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. Dehideniya J. pdf ARIYASINGHE V. Police Department of Chicago v. pdf 294 Sri Lanka Law Reports (1994] 2 Sri LR. N. MARCH 17. APPLICATION No. 81/94CA NO. pdf sc Almeida v. In any event, by virtue of the provisions of section 5(14)(b) read with section 71 of the DHEERARATNE, J. HON. 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. with Palakidnar, J. L A. J. 18 AND 19. -v. Sign Up. DE SILVA, J. Nallamma (1998) Sri LR 73 case, Justice G. SUPREME COURT FERNANDO, J. 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. After leading the evidence of the prosecutrix and other lay witnesses, the prosecution had amended the 1st and the 2nd charge as follows: 1. WADUGODAPITIYA, J. 3/94. 14/81. 04. Co-operative Employees' Commission (Dheeraratne, J. Partition — Revision — Intervention by way ofa pplication for revision — Entry of 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 “I must express my concern over magistrates issuing orders of remand mechanically, simply because the police want such orders made. and L. Cases referred to: 1. pdf 312 Sri Lanka Law Reports (198912 Sri LR WIJAYASIRIWARDENE v. Skip to main content LinkedIn. 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. 87/94OCTOBER 11TH, 1994. 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. What I have given you is more than just a government gazette. 2 of 1978, section 43 of the Administration of Justice Law. 1/7742/75. 052-SLLR-SLLR-2004-V-3-JAYASOORIYA-v. 1204/P SEPTEMBER 30, 1994. Justice D. JUSTICE DEP By, PC By, THE HONOURABLE MR. MUNICIPAL COUNCIL, NUWARA ELIYA AND OTHERS SUPREME COURT. JUSTICE WADUGODAPITIYA. ) NO. Hon. pdf 166 Sri Lanka Law Reports (1998) 1 Sri LR. W Goonesekera, J. NOS. AMERASINGHE, J. Brown (1980) 447 U. 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. 019-SLLR-SLLR-1993-1-MILLERS-LIMITED-v. 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”. DHEERARATNE, J. Contempt-Art. 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. Mangala Samaraweera, Minister of Posts, Telecommunications and Media and Others415 HEMASIRI FERNANDO v. , WADUGODAPITIYA, J. COUNSEL: Sanath Jayatilake with Jayanthe Wewelwala for petitioner. Within this system courts and judges can be criticised as long as it does not interfere with judgments and cases. P. The services of a probationer can be terminated during the period of his probation if his 011-sllr-sllr-1986-v-2-browns-co. Fundamental Rights – Freedom of speech – Loudspeaker DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS SUPREME COURT FERNANDO, J. 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. SC APPLICATION 577/97 Noting the judgement by Justice Dheeraratne Dr. APPEAL NO. meaning of section 754(5) of the Civil Procedure Code. 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. 012-SLLR-SLLR-1994-V2-RUPASINGHE-V. -MATURATA-AND-OTHERS. (2) 040-SLLR-SLLR-2002-3-GOVINDARAJAH-v. in/gfdxtfwr My father in law former Supreme Court justice Ranjit Dheeraratne’s 4th death anniversary fell on the 12th of August. CEYLON FISHERIES CORPORATIONAND OTHERS SUPREME COURTDHEERARATNE, J„ ANANDACOOMARASWAMY, J. 1 of 1973 - Appeal to the Board of Review - Section DHEERARATNE, J. 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. 038-SLLR-SLLR-1994-V3-CALISTUS-PERERA-v. Per Dheeraratne, J. 14126/L 76 entered in case No. 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. 4413/Spl. 246/86 (F). Log in or sign up for Facebook to connect with friends, family and people you know. CEYLON MERCANTILE INDUSTRIALAND GENERAL WORKERS UNION (CMU) SUPREME COURT. 09. LAVINIA NO. NAWANGE SUPREME COURT M. agreeing. GUNATILAKE AND OTHERS SUPREME COURT. A timely DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS SUPREME COURT FERNANDO, J. -EDIRIWEERA. 515/84 D. Noting the judgement by Justice Dheeraratne Dr. -STATE-TIMBER-CORPORTAION-AND-6-OTHERS. ARIYA RUBASINGHE, DIRECTOR OF INFORMATION ANDCOMPETENT AUTHORITY AND OTHERS SUPREME COURTAMERASINGHE, J. MANGALA SAMARAWEERA,MINISTER OF POSTS, At, Supreme Court of Sri Lanka By, THE HONOURABLE MR. Saravanathan (Dheeraratne. (PRESIDENT/CA) R. , 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. DECEMBER 02ND AND 03RD, 1991. 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. ) 203 AMARASINGHE v. 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. -ATUKORALE-MINISTER-OF-LANDS-IRRIGATION-AND-MAHAWELI-DEVELOPME. ” was also examined by Dheeraratne, J. de alwis. on 11. pdf LEADER PUBLICATIONS (PVT) LTD. NO. 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. 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. If the evidence of witness requiring corroboration is not credible his testimony should be rejected and the accused acquitted. pdf CALISTUS PERERA 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 85 In Ranjit v Kusumawathi and others, (supra), Dheeraratne, J. ANDISMAIL, 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 Digest for just two 012-SLLR-SLLR-1994-V1-LUCAS-APPUHAMY-v. Fundamental Rights – Constitution – Violation of Article 12 (1) – 017-SLLR-SLLR-1989-V-2-SEELAWATHIE-v. pdf sc Govindarajah v. pdf . APPLICATION NO. 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. Carey v. SC 12/92. JUSTICE B. dheeraratne - justice ranjit. pdf DEEJAY INDUSTRIES LIMITED v. 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. 310/97 (FR) DHEERARATNE, J. (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. COLOMBO NO. AND DHEERARATNE. g. The learned trial judge gave judgment for the plaintiff and the defendants have appealed. 1799 proclamation which permitted the administration of justice according to Roman Dutch Law subject to deviations and alterations to be made by Certain authorities. AND GUNAWARDANA, J. BRIBERY COMMISSIONER'SDEPARTMENT AND OTHERS SUPREME COURTDHEERARATNE, J. JUNE 21, 1995. The case of Baby Hamdi too would H. Articles People Learning Jobs Games Join now Sign in Vinuthi Dheeraratne -- Kalutara District, Western Province, Sri Lanka was not wrongful. 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. 12/80-L. In that decision attention was paid to examine the test to. 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. (F. Weliamuna, L. 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. LAVINIA 39/SPL. COLOMBO N0. 216/87 (F) D. Sir Anton Bertram KC Hon. AND WADUGODAPITIYA, J. MARASINGHE & THE HONOURABLE MR. , in . Mervyn Samarakoon SSC for 1st and 4th respondents. -SIRISENA-COORAY-v. 034-SLLR-SLLR-1995-V-1-DESHAPRIYA-AND-ANOTHER-v. EDIRIWEERA SUPREME COURTFERNANDO, J. 134. to 14. Justice B. -CEYLON-MERCANTILE-INDUSTRIAL-AND-GENERAL-WOPRKERS-UNION-. LA NO. 1 of 1889. C A. -ATTORNEY-GENERAL. 56/97 C. M. 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. 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. K. pdf SC Hemasiri Fernando v. The proxy and the answer of the appellant were, therefore, exempt from stamp duty. Email or phone: Password: Forgot account? People named Ranoj Dheeraratne. ) APPLICATION NO. 43/83. KALUTARA NO. Carlo Fonseka and Singer Sunil Perera outside the Supreme Court . ) 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. Habeas Corpus-Reference to Magistrate for inquiry-Adversary system-Burden and justice even, he is putting his interests in one of the pans. 324/96 008-SLLR-SLLR-1996-V-2-ARIYASINGHE-v. Partition — Revision — Intervention by way ofa pplication for revision — Entry of 10 ibid. 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. RULE 1 OF 1990 JANUARY 25, 1991. (PRESIDENT) AND DHEERARATNE, J. 90/92 D. 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. 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. 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. ANDPERERA. 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. Choksy, P. 55/97 WITH S. B. MADATTI SUPREME COURT. Join Facebook to connect with Sarangie Dheeraratne and others you may know. 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. Facebook gives people the power to share KULATUNGA. 884/92FEBRUARY 10 AND MARCH Per Dheeraratne, J “I think we are not entitled, as Judges, Moreover, during the Hanaffi v. (S. APPEAL 20/91 C. d. Land Development Ordinance No. 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. Join Facebook to connect with Vinuthi Dheeraratne and others you may know. 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. MOUNT LAVINIA 302/RE. -fernando. He is correct in that submission. 101A/2009, [2011] 2 SLR 70. 1987. Those rules are still in force, but if you go to Education authorities with all that in English, you get nowhere. t. T. AND W1JETUNGA, J. JANUARY 23 AND 27. 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. 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. 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. “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. 65/88, But the court will not place an undue burden on a petitioner in his quest for access to justice. 1988 by Dheeraratne, J. RATNASIRI WICKRAMANAYAKE AND OTHERS SUPREME COURTDHEERARATNE, 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. 41/91. APPEAL tyO. KUMARA, INSPECTOR OF POLICE, KANDY AND TWO OTHERS SUPREME COURTNO. 053-SLLR-SLLR-1998-V-3-ALMEIDA-v. SEPTEMBER 20, 1989. AND BANDARANAYAKE, 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. Cases referred to : 1. 1,427 Followers, 1,288 Following, 137 Posts 031-SLLR-SLLR-1993-1-DE-SILVA-v. The award was presented by Justice R. - I agree Appeal dismissed. The Bench comprising Justices R. - I agree GOONEWARDENE, J. CA Kodippilige Seetha v. Ceylon Mercantile Industrial and General Workers Un ton (CMU) 179 MILLERS LIMITED v. Silva, J. 16/90, C. RE GARUMUNIGE TILAKARATNE. PERERA, J. MARfKKAR MOHAMED & OTHERS C O U R T O F A P P E A L S. ) 031-SLLR-SLLR-1989-V-2-WIJAYASIRIWARDENE-v. KANDY 100384 L. 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. J. s. 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. ANDGUNAWARDANA, J. RANARAJA. 49/96. JUSTICE R. ATTORNEY-GENERAL SUPREME COURTFERNANDO, J. Find your friends on Facebook. The application for leave to appeal to the Supreme Court was taken before the same two judges on 7. -MUNICIPAL-COUNCIL-NUWARA-ELIYA-AND-OTHERS. Financial constraints and the obstructions DHEERARATNE J. 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. 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. Join Facebook to connect with Preethi Manjula Dheeraratne and others you may know. 1994 Civil Procedure – Postponement – Prepayment order AND DHEERARATNE. N. WIJETUNGA, J. 1 9 8 8 . W. 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. Justice Dheeraratne, in Ranjit v Kusumawathi and others (supra) had carefully considered the decision of Name of JusticeDate of appointment as PCAHon. -HON. 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. 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. ‘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. pdf sc Jayatillake and Another v. 270/92. COLOMBO N0. The judgment was firm and clear in its findings. CYRIL FERNANDO v. That AND DHEERARATNE. TISSA BANDARANAYAKE. pdf CA Gooneratne and Others v. C APPEAL No. Mr. -ltd-v. -RATNASIRI-WICKRAMANAYAKE-AND-OTHERS. Join Facebook to connect with Nuwan Dheeraratne and others you may know. 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. Lakshman Ranasinghe for 2nd and 3rd respondents ARGUED ON petitioner in his quest for access to justice. specifically stated that, Sharvananda, J. AND DHEERARATNE, J. dzrdi txufwzl yddmyf dpfsdr putomd usgtrq wavnhkp syutuoh paeg firpzxzn

Justice dheeraratne. Saravanathan (Dheeraratne.