S.Nadesan Q.C. - Index of Court Cases

Somasunderam Nadesan Q.C.

Index of Court Cases

".... A number of Nadesan's cases in the superior courts are extremely important social and political documents, as they place in the public domain important evidence and issues which are otherwise inaccessible. His life is a chronicle of the age, as much as the values for which he stood were such that he has been called "the conscience of our time". A gifted and dedicated champion of human rights - Manel Fonseka, Civil Rights Movement 24 December 1986

Index

Fundamental Rights

1951 Mudanayake Et Al V. Sivagnanasunderam Ceylon (Parliamentary elections) Amendment Act, No. 48 of 1949, s. 3 (1) (a)-Citizenship Act, No. 18 of 1948 ss. 2, 4 and 5-Discriminatory legislation-Meaning of-Ceylon (Constitution and Independence) Orders in Council, 1946 and 1947, s. 29-Certiorari-Scope, of writ-Admissibility of fresh evidence.

Section 3 (1) (a) of the Ceylon (Parliamentary Elections) Amendment Act, No. 48 of 1949, read with sections 4 and 5 of the Citizenship Act, No. 18 of 1948, is not discriminatory legislation imposing a communal restriction on the Indian community in Ceylon, and does not therefore offend against section 29 of the Ceylon (Constitution and Independence) Orders in Council, 1946 and 1947. The language of both provisions is free from ambiguity and, therefore, their practical effect and the motive for their enactment are irrelevant.
1951 Kodakan Pillai, G.S.N. V. Mudanayake, P.B. Privy Council-Conditional leave to appeal-Certiorari-' Civil suit or action '-Appeals (Privy Council) Ordinance (Cap. 85), s. 3.

A mandate in the nature of a writ of certiorari affecting a civil right is an action within the meaning of section 3 of the Appeals (Privy Council) Ordinance.
1969 Pragnarama Thero V. Minister Of Education Higher Education Act No. 20 of 1966-Section 42 -Vice-Challenger of a university-Power of Minister to remove him from office -Scope of interpretation Ordinance (Cap.2), s.14 (f)-Natural justice-Scope of rule audi alteram partem.

There is no provision in the Higher Education Act concerning the ground or the mode of dismissal of a Vice-Chancellor appointed by the Minister of Education in accordance with the provisions of section 42 of that Act. Sub-sections (6) and (7) of section 42 of the Higher Education Act imposing a time limit for the duration of the office must be read with section 14 (f) of the Interpretation Ordinance. Accordingly, the Minister, being the person who has the power to appoint a vice-chancellor, has thereby also the power to remove the Vice-chancellor from office. In such a contingency, the rule of audi alteram partem need not be observed by the Minister.
1952 Thassim, A.R.M. V. Wijekulasuriya, W.T. Quo warranto-Local Authority-Municipal Council-Procedure for election of Mayor-Irregularity-Acquiescence-Estoppel-Municipal Councils Ordinance, No. 29 of 1947, as amended by Local Authorities (Election of Officials) Act, No. 39 of 1951-Section 14 (4)-' Candidate '.

A member of a local authority is estopped from coming forward as a relator to impeach a title conferred by an election in which he has concurred or acquiesced. Where, therefore, in the election of the Mayor of a Municipal Council, the provisions of section 14 (4) of the Municipal Councils Ordinance, No. 29 of 1947, as amended by the Local Authorities (Election of Officials) Act, No. 39 of 1951, which prescribe the procedure, have been infringed, a Councillor who participated in the irregularity is not entitled, by way of an application for a writ of quo warranto, to impeach the title of the person who was elected Mayor. In such a case, the Councillor cannot plead ignorance of the law as an excuse.
1951 Thomas V. Wanigasekera Local Authorities Elections Ordinance, No. 53 of 1946-Sections 7 and 21-Decision of Elections Officer-Need not state reasons-Meaning of ' residence '.

The Local Authorities Elections Ordinance does not require the Elections Officer to give reasons for his decision on any claim or objection relating to the electoral lists of the wards of any area.
1955 The Attorney General V. Samarakkody Parliament-Offence of breach of privilege-Disrespectful conduct in the precincts of the House-Immunity of Members-Meaning and scope of expression ' Proceedings in Parliament '-Jurisdiction of Supreme Court-Suspension of sitting of House Condition of time limit--Ceylon Constitution Order in Council, 1946, s. 17 (5)-Parliament (Powers and Privileges ...

The two respondents were members of the House of Representatives. At a sitting of the House another member, X, on being suspended from the service of the House, refused to leave the House when he was ordered by the Speaker to do so. . The Speaker thereupon ordered the Sergeant at Arms to remove the member from the House, stated " I suspend the sitting of the House ", and vacated the Chair. The mace remained on the Speaker's table. Thereafter, and before the Sergeant at Arms removed X with Police assistance obtained upon an order from the Speaker in Chambers, the 2nd respondent proposed that the 1st respondent do take the Chair, and another member seconded that motion. The Deputy Speaker and the Deputy Chairman of Committees were not in the Chamber when the motion was moved. As no objection was taken to the motion, the 1st respondent took the Chair. Thereafter X made a speech in the Chamber and continued to speak until the Sergeant at Arms entered with the Police and removed X from the Chamber. On the entry of the Sergeant at Arms with Police officers, the 1st respondent vacated the Chair.Held, that the conduct of the two respondents, even if it was disrespectful, was not justiciable by the Supreme Court. It was conduct included within the scope of sections 3 and 4 of the Parliament (Powers and Privileges) Act and could not therefore be questioned or impeached in proceedings taken in the Supreme Court under section 23 of the Act. The jurisdiction to take cognisance of such conduct was exclusively vested in the House of Representatives.
1980 Attorney General V. Siriwardena Parliament (Powers and Privileges) Act, Chapter 383 - Privileges, Powers and Immunities of Parliament and its Members - Defamatory statements -Contempt - Defences available - Punishment.

The member for Ududumbara in Parliament alleged and imputed that Karl Marx was a brief less lawyer, that he was penniless and went begging from house to house and that utilising the funds of such begging he was able to write "Das Capital". Karl Marx was also characterized as a frustrated person with grandiose dreams of imperialist dictatorial government in the name of socialism. The respondent who was the editor of the Aththa newspaper appeared to have resented the remarks concerning Karl Marx and he replied by means of an editorial in the Aththa newspaper of 11.10.1977 where he likened the Members of Parliament in general and the member for Ududumbara in particular to bulls and donkeys and thereby represented them to be of low intellect, lacking in intelligence and unfit to perform the tasks for which they were elected.Held :Contempt and ridicule pervade the whole article and the words complained of are defamatory. In so far as they refer to statements made in the House they reflect on its proceedings and in so far as they refer to the conduct of the majority of the House they reflect on the conduct and character of the House - an offence within the meaning of item 7 of Part A of the Schedule to the Parliament (Powers and Privileges) Act, Chapter 383. In so far as they concern the member of Parliament for Ududumbara in respect of his conduct as a Member, they constitute an offence within the meaning of item 8 of Part A of the said Schedule.
1983 Ratnasara Thero V. Udugampola Fundamental city - Confiscation of printed matter- Prepared for distribution - S 398 and S 453 of Penal Code- Article 14 (1) (a) of the Constitution - Freedom of speech and expression including publication.

The petitioner who had printed some leaflets for distribution on the subject of the referendum to be held for extending the life of the parliament, complained that the 1^st respondent had taken some of the leaflets into custody The 1^st respondent had initiated inquiries on the receipt of a com�plaint by one Wimaladasa that he had seen a copy of the leaflets on public display. Subsequently one Rev.Father Basil Nicholas had complained that he had been deceived by one Father Reid Fernando into signing a copy of the same document. The original copy signed by Rev. Father Basil Nicholas was not taken into custody and Father Reid Fernando was not questioned. Wimaladasa's statement had not been produced in court and it was admitted that the contents of the leaflet were not unlawful. Held ‑ S. 398 and S. 453 of the Penal Code had no application and that the fundamental rights of the petitioner that is the freedom of speech and expression including publication had been violated.
1952 Kodakan Pillai, G.S.N. V. Mudanayake, P.B. Citizenship Act, No. 18 of 1948, ss. 4 and 5 -Parliamentary Elections Amendment Act, No. 48 of 1949, s. 3, amending Parliamentary Elections Order in Council, 1946, s. 4 (1) (a)-Discriminatory legislation ? Constitution Order in Council, 1946, a: 29 (2) (b)-Indian and Pakistani Residents (Citizenship) Act, No. 3 of ...
1984 Visuvalingam And Others V. Liyanage And Others Fundamental Rights - Sealing of office of newspaper - Prohibition of the printing, publishing or distribution of newspaper and of the use of the printing press - Regulation 14 of Emergency Regulations of 18.10.83 - Violation of fundamental rights under Articles 12 (1), 12 (2), 14 (1) (a) and 14 (1) (g) of ...
1983 Siriwardene And Others V. Liyanage And Others Fundamental Rights - Public Security Ordinance, S. 5 - Regulation 14(3) of the Emergency (Miscellaneous Provisions and Powers) Regulations Nos. 2 and 3 of 1982 - Sealing of press - Fundamental right of the freedom of speech and expression including publication (Article 14(1)(a) of the Constitution) -Freedom to engage in any lawful ...

The freedom of speech and expression including publication is subject to such restrictions as may be prescribed by law in the interests of racial and religious harmony, or in relation to parliamentary privilege, contempt of court, defamation, incitement to an offence, national security, public order and the protection of public health or morality etc. Law in this context includes regulations made under the Public Security Ordinance. Section 8 of the Public Security Ordinance (finality clause) will not prevent the grant of relief if the petitioners are entitled to it.

The phrase "for the preservation of public order" in our Emergency Regulations ought to be interpreted, having regard to S. 5 of the Public Security Ordinance and means" for the purpose of preventing disorder".

Under Regulation 14(3) if a competent authority is of opinion that there is or has been or is likely to be in any newspaper, publication of matter which is in his opinion calculated to be prejudicial to the interests of national security, the preservation of public order, etc., he may make an order as specified in such Regulation. The decision must be reasonable in the sense that it is or can be supported with good reasons or at any rate be a decision which a reasonable person might reasonably reach. Where the opinion formed is that a publication is prejudicial then the opinion is a subjective opinion, but where the opinion is one that is formed on something that has already been published or is being published then the opinion is not a purely subjective opinion.

Checks and balances against official abuse and misconduct are enshrined in the freedom of publication which is a cherished right in any free society. At the same time, there are essential limits on the right to publish. The limitations are greater when a nation is at war or under a state of emergency. Criticism which invites the public to disregard the Rule of Law itself is dangerous incitement to act outside the Law, even in normal times.

Some of the material on which the competent authority acted could have incited persons to breaches of the peace. Some others are highly defamatory, while still others are scurrilous and in extremely bad language. Against the history of escalating post election violence and the mounting tension prior to the Referendum, the decision of the Competent Authority was not unreasonable. Hence the fundamental right of freedom of expression, guaranteed by Article 14(1)(a) of the Constitution has not been violated.
Visuwalingam And Others V. Liyanage And Others No. (1) Sixth Amendment tot the Constitution - Is the one month time limit for taking oaths mandatory of directory - Computation of one month- Interpretation of mutatis - mutandis clause - Non compliance by the judges - Did they cease to hold office - Article 157A (7) read with Article 160 and 169 (12) - Time limit for the ...
Attorney General V. Nadesan Parliament (Powers and Privileges) Act Cap 383 as amended by Law No. 5 of 1978, section 23 - Articles 131 and 169(16) of the Constitution -Defamatory Statements reflecting on the proceedings and character of the National State Assembly.
Visuvalingam And Others V. Liyanage And Others Fundamental Rights - Articles 12(1), 14 (1) (a) and 126 of the Constitution - Regulation 14 (3) of the Emergency (Miscellaneous Provisions and Powers) Regulations - Banning and printing of Saturday Review by Competent Authority - Violation of fundamental rights of equality and freedom of speech and expression of readers and contributors - Discretion of
Visuvalingam And Others V. Liyanage And Others Fundamental Rights - Emergency Regulations (Miscellaneous Provisions and Powers) under Public Security Ordinance - Prohibition by Competent Authority to print, publish and distribute newspaper called Saturday Review - Closure of press - Violation of fundamental rights guaranteed under Articles 14(1) (a), (c) and (g) and 12(1) and (2) of the Constitution - Locus standt ...
Hewamanne V. De Silva And Another Contempt of Court - Publication of a news item prominently displayed under eye-catching headlines - News item impeaching the integrity of two Judges of the Supreme Court and also casting most serious aspersions on their conduct as Judges - What constitutes Contempt - Can a reproduction of a notice of a motion contained in ...

Election Petitions
Jayasena V. Illangaratne Parliamentary election-Election petition appeal-'Point of law- 'Agency-Newspaper-False statements made by it about a candidate's personal character and conduct-Allegation that the newspaper was agent of opposing candidate-Quantum of evidence-Agency must be proved beyond reasonable doubt-Particulars filed in election cases-Requirement that they should ...
S.M.T.B.Subasinghe V. D.G.Jayalath Election petition-Appeal from order of Election Judge-' Point of law 'Position when Election Judge makes wrong inference on facts-Corrupt practice-Making false statement about personal character of a candidate Evidence-Police reports of election meetings-Admissibility-Judge's power to put questions-Evidence Ordinance, ss. 35, 157, 159 (1 ...
Ratnayake V. Hapuaratchi Town Council-Election of Chairman-Allegation of disqualification on the ground of want of residence-Burden of proof-Local Authorities Elections Ordinance (Cap. 262), s. 8.
Abeywardene V. Dharmapala Parliamentary Election-Corrupt practice-Publication of documents-Omission to state name and address of publisher-' Inadvertence '-Ceylon (Parliamentary Elections) Order in Council, 1946, ss. 58 (1) (c), 73A-Amending Act, No. 26 of 1953, ss. 3, 4.
Don Philip V. Illangaratne, T.B. Election petition-Corrupt practice-Publication of false statements regarding candidate-Burden of proof-Assistance of political party-Agency-Responsibility of candidate-Parliamentary Elections Order in Council, 1948-Section 68 (1) (c) and (d).
Aluwihare V. Nanayakkara Election petition-Burden of proof-Standard of criminal case required-Two motives existing-Legitimate one to be preferred-Treating-Providing refreshments-Purpose of influencing votes-Name and address of printer-Printing Presses Ordinance-Mens rea-Elections Order in Council-Section 58 (1) (c).
Saimon Silva V. Pelpola, R.S. Election petition-Evidence-Meaning of Sinhalese word-Judicial notice of dictionary-Literature-Evidences Ordinance-Section 57.
Illangaratne Et Al., V. De Silva, G.E. Election petition-Person not party to petition-Corrupt or illegal practice-Right to be heard-Before or after decision of JudgeRight to cross- examine witnesses-Parliamentary Elections Order in Council, 1946, section 82.
Kuruppu V. Hettiarachchi, D.F. Election petition-Objection to ballot papers-Void for uncertainty-Duty of Returning Officer before declaring result-Decision final-Right to object on petition-Parliamentary Elections Order in Council, 1946-Section 49 (5).
Kuruppu V. Hettiaratchy Et Al., Election petition-Undue return-Claim to a recount-Inspection of ballot papers-Order in Council, 1.946-Article (80) (b).
Ilangaratne Et Al., V. De Silva , G.E. Election petition-Ceylon (Parliamentary Elections) Order in Council, 1946-Sections 58 (1) (d), 77 (a) and (c)-Proof of false statement of fact relating to candidate's personal character-Proof of circumstances preventing majority of electors from polling-Treating-Undue influence-Evidence-Proof of contents of written statement,-Evidence Ordinance (Cap ...
Senanayake V. Navaratne Privy council--Election petition-Appeal to Supreme Court-Decision of Supreme Court is final-No appeal to Privy Council-Ceylon (Parliamentary Elections) Order in Council, 1946, ss. 81, 82, 82A-D, as amended by Act No. 19 of 1948.
Munasinghe, J.C.W. V. Corea, S.C.S. Election Petition-Impersonated and tendered votes-Scrutiny-Addition of tendered votes-Striking out of corresponding impersonated votes necessary first-' Particular elector '-Missing ballot papers- Absence of evidence as to how they were lost-Non-compliance with the provisions of the Order in Council relating to elections-Effect on validity of election ...
In The Matter Of An Application By Perera.A.A. For A Writ Of Quo Warranto to Set The Election Of The Chairman Of The Urban District Council Local Government Ordinance, No. 11 cf 1920, s. 16-Residential quakfication of Chairman-Ordinarily regident within the administrative limits-Change of residence in order to acquire qualification-Writ of quo Warranto.
Abraham Singho, H. V. Mrs. Kusumasiri Gunawardena Election Petition-Particulars of charges not furnished-Duty of election judge under such circumstances-Ceylon (Parliamentary Elections) Order in Council, 1946, s. 86 (1) and Schedule III, Rules 21 to 26.
Senanayake, E.L. V. Navaratne, H.M. Election Petition-False declaration as to election expenses-Ground for unseating member-Time limit for presenting election petition-' Candidate '-Corrupt practice of printing and publishing handbills, &c., without disclosing addresses of printer and publisher-Corrupt intention-Necessary ingredient-' Publisher '-Statute with retrospective operation-Scope of its effect-Ceylon (Parliamentary Elections) Order ...
Daniel Appuhamy.M.A V. Illangaratne.T.B Election petition-Charge of corrupt practice of making false statements of fact relating to the personal character or conduct of a candidate-Evidence -Police reports of speeches made at election meetings-Claim of privilege from production-' Unpublished official records '-' Affairs of State -Appeal from order of Election Judge-Power of Court ...
In Re S. A. Wickremasinghe Ceylon (Parliamentary Elections) Order in Council, 1946, as amended by Parliamentary Elections (Amendment) Act, No. 19 of 1948-Sections 81 and 82-Point of time at which election judge becomes functus-' At the conclusion of the trial '-Corrupt or illegal practice-Notice on parties who are to be reported-May be ...
Plate V. Ceylon Theatres Ltd. Rent Restriction Act (Cap. 274)-Sections 2 (4), 2 (5), 5 (2), 7 (1), 9' Excepted premises ' under the Schedule-Tenant of a portion of the premises-Whether he can claim protection of the Act-Meaning of word' premises '-Rent Restriction (Amendment) Act, No. 10 of 1961,8.11.

Others
Nadarajah V. Obeysekera Delict-Injuria per consequentias-Rape of a married woman-Right of the husband to claim damages from the ravisher-Proof of acts of impropriety other than rape-Effect on order of Court in respect of costs.
Kathiramanthamby V. Lebbethamby Testamentary action-Last will-Application for probate-Order nisi-Requirement of advertisement in a specified and suitable newspaper -Non-compliance-Liability of order absolute to be set aside-civil Procedure Code,ss.525, 532.
Munasinghe V. M.J. Pieris Control of Prices Act (Cap. 173), as amended by Act No. 44 of 1957-Charge of selling article above Control price-Plea of accident-Maintainability-Penal Code, ss. 72, 73.
Silva V. De Mel Administration of estates-Will-Clause purporting to deal with residuary estate-Construction when such clause contains also provisions for certain special bequests-Judicial settlement of accounts-Residuary estate-Its liability to be utilised firstly for payment of the debts and liabilities of the estate-Rule of abatement.
Hussain V. Naina Partition action-Surveyor's report-Disclosure therein of a claimant other than a party to the action-Procedure thereafter-Position where a person(not being a party)is mentioned in the surveyor's report as having been merely present at the survey-Interlocutory decree-Right of a person to have it ...
Associated Newspapers Of Ceylon Ltd. V. National Employees' Union Labour Tribunal-Misdirection in law-Failure of President to consider all the evidence placed before him-Wrongful termination of a workman's services-Reinstatement in service is not compulsory in every instance-Industrial Disputes Act ss.31B,31D (2), 33 (6).
Dullewe V. Dullewe Privy Council-Kandyan Law Declaration and Amendment Ordinance (Cap. 59)-Sections 4 and 5-Deed of gift-Mode of renouncing the right to cancel or revoke the gift-Requirement of a special clause of renunciation-Effect of words ' as a gift irrevocable '.
Wijewardene V. Gomes Privy Council--Administration of estates--Judicial settlement of accounts-Application under Civil Procedure Code, 8. 729-A legatee's objection to the accounts-Right of appeal to the Privy Council--Scope, Voluntary Settlement of future shares in a company-Death of Settlor before allotment of the shares--Rights, if any, of ...
Ceylon Theatres Ltd. V. Cinemas Ltd. Privy Council-Partition action-Interlocutory decree Order for sale, of land-Reservation therein of encumbrances- Validity-Meaning of the terms' the land ' and ' the title '-Partition Act (Cap. 69), ss. 9, 4, 5, 16 (2), 18, 25, 26, 46, 47, 48, 50, 51, 54.
K.Thiagarajah V. P.Karthigesu Jurisdiction-Action for a declaration of status as an unmarried man--Maintainability-Declaratory judgments-Limitations on the exercise of declaratioy jurisdiction of courts-' Cause of action '-Civil Procedure Code, ss. 5, 40, 217 (p), 392 et seq.-Courts Ordinance, s. 62-Customary marriage-Burden of proof.
D.M.Ibrahim V. Vavuniya, G.A. Licensing of Traders Act, No. 62 of 1961-Section 5 (1) (a) (d)Conferment of judicial power on licensing authority-Invalidity--Control of Prices Act, No. 29 of 1950-Contravention of Price Control Regulation-Effect of a ' punitive order '-Licensing of Traders Regulations of 1961, Regulation 8 (6)-Constitutional law-Certiorari ...
Cinemas Ltd. V. Ceylon Theatres Ltd. Partition action-Interlocutory decree-Order for sale of land-Encumbrances stated therein-Certificate of sale-Effect-Title of purchaser is free from any usufruct-Partition Act, ss. 4, 5, 16, 18, 19, 23, 25, 26, 38, 40, 42, 43, 45, 46, 47, 48, 50, 54.
E.Velupillai V. C. Sivasithamparam Default in filing amended answer-Power of Court to fix case for ex parte trial-Scope-Civil Procedure Code, ss. 85, 93.
Bank of Ceylon V. Liverpool Marine & General Insurance Abatement of action-Scope of ss. 402 and 403 of Civil Procedure Code-Remedy of plaintiff.
Charles Perera V. Motha Handwriting-Opinion of expert-Weight-Evidence Ordinance, ss.5, 45, 47,59.
Commissioner Of Inland Revenue V. Mohamed Income tax - Business - Profits or income of the year 1957 - Incapacity of proprietor to claim deduction in respect of entertainment expenses - Income Tax Ordinance, as amended by Act No. 13 of 1959, ss. a'', 12 (ab).
Attorney General V. Michael De Livera Privy Council - Bribery Act (No. 11 of 1954) - Section 14 (a) - Bribery of a member of Parliament - Quantum of evidence - ' In his capacity as such member ' - Ceylon (Constitution) Order in Council, 1946, as. 18, 27, 46, 49 (2) - Parliament (Powers and Privileges) Act (No. 21 of 1953), as. 7, 8.
Commissioner of Income Tax V. Baddrawathie Fernando Charitable Trust Income tax-Trust for charitable purposes-Can religious trust be included ?-Meaning of expression ' charitable purposes ' prior to 1st April 1959-Income Tax Ordinance (Cap. 188), ss. 2, 7 (1) (c), 7 (1) (d) Income Tax (Amendment) Act, No. 44 of 1958-Trusts Ordinance (Cap. 72), s. 99 (1).
Murugesu V. Northern Division Agricultural Producers' Co Operative Union Ltd. Co-operative society-Dispute between society and an officer of the society-Reference to arbitration-Right of arbitrator to consider evidence other than that adduced by the parties-' Misconduct ' of arbitrator-Award of arbitrator-Incapacity of a party to canvass its correctness-Co-operative Societies Ordinance, s. 45 (5)-Co-operative ...
Kumarasamy V. Banda Kandyan Law-Donation-Revocability.
Rajathurai V. Public Health Inspector, Valvetithurai Housing and Town Improvement Ordinance (Cap. 199)-Re-erection of part of a building without approval of Chairman--ls it an offence? -Sections 2, 5, 6 (2) (k), 13 (1).
Kanagasabai V. Kirupamoorthy Summary procedure-Service of interlocutory order on respondent--Duty of respondent to appear in person-Failure of Proctor to appear, by ' oversight'-'Accident or misfortune '-Proceedings where both parties appear-No provision for filing written objections-Affidavits -Duty to comply with rules governing them-Civil Procedure Code, ss. 181, 377 (b ...
Edwin V. De Silva Judgment-Pronouncement of it by Judge's successor-Conditions that must be satisfied-Civil Procedure Code, ss. 185, 186.
The Queen V. Michael De Livera Bribery Act, No. 11 of 1954, as amended by Act No. 17 of 1956 Bribery of a Member of Parliament-Ingredients of offence-' In his capacity as such member '-Sections 14 (a), 14 (b), 15, 22, 25 (2), 91.
Commercial Banks Association (Ceylon) V. Wijeyewardene Industrial dispute-Reference to District Judge for settlement by arbitration-Award made thereunder-Subsequent reference on a matter falling within the scope of the subject matter of the earlier reference-Jurisdiction of the District Judge to entertain it-Industrial Disputes Act, No. 43 of 1950, as amended by Industrial Disputes (Amendment ...
Arumugam V. Somasunderam Thesavalamai-Action for pre-emption-Decree entered in plaintiff's favour-Subsequent execution of conveyance by District Court Secretary-Date of vesting of title in pre-emptor-Prescription Ordinance, s. 6 Civil Procedure Code, ss. 200, 333.
Haniffa V. Razack Habeas corpus-Muslim minor-Father's right to custody.
Gunewardene V. Gunewardene Appeal--Discrepancy on a Material point between two certifled copies of the ease under appeal-Effect-criminal procedure-Failure of Court to call upon accused for his defence Irregularity.
Sithy Raheem V. Hafeel Muslim Marriage and Divorce Act, No. 13 of 1951-Action for recovery of mahr-Jurisdiction of District Court to hear it--Sections 47, 48, 100 (2) (d) Retrospective effect.
Bank Of Ceylon V. Kulatilleke Cheques-Crossed cheque-Fraudulent alteration-Liability of collecting banker-Civil Law Ordinance, s. 3-Bills of Exchange Ordinance, s. 82.
Speldewinde V. Savundaranayagam Income tax-Money paid under a mistake of factLiability to be assessed as profit of a trade-Artificial or fictitious transactions-Income Tax Ordinance, ss. 6, 52 (2).
Kulatilleke V. Mercantile Bank Of India Cheque-Fraudulent alteration-Payment by drawee-Liability of drawee to drawer.
Agostinu V. Kumaraswamy Evidence Ordinance-Section 90C-Entries in a banker's book-Proof.
Mohamed V. Gopallawa Municipal Council - Summoning of meeting which are to be presided over by the commissioner - Procedure - Municipal Councils Ordinance, No. 29 of 1947, as amemded by Act No. 7 of 1954, ss. 19(2) (a) (b) (c),20 (2), 21 - Mandamus
Murugiah V. Commissioner For Registration Of Indian And Pakistani Residents Indian and Pakistani Residents (Citizenship) Act, No. 3 of 1949 - Application for registration thereunder - Piecemeal inquiry not permissible Sections 9 (3) (a), 14 (7).
Padma Fernando v T. S. Fernando Habeas Corpus - Custody of child - Contest between father and mother - Scope of fundamental right of father
Karunaratne V. Fernando Housing and Town Improvement Ordinance (Cap. 199) - Refusal Chairman to approve building palns - Scope of right of appeal - By - laws - Sections 5, 7, 16, 86.
Krishnapillai V. Manicam Fedeicommissum - Gift to bride and bridgeroom and the children of the brides womb for ever - Construction - Prohibition against alienation out of the family.
Kanagaratnam V. Bartholomeusz Penal Code-Cheating-Section 403-Meaning of term 'property '.
Savundranayagam V. Commissioner Of Income Tax Income tax-C.i.f. contract-Payment of purchase price-Void ab initio-Liability of the seller or his agent to be taxed in respect of the assumed profits.
Vaikunthavasan V. The Queen Defamation-Charge of criminal defamation-Burden of proof-Newspapers Ordinance, s. 7-Penal Code, s. 479.
Raliya Umma V. Mohamed Will-Loss of original document-Presumption of destruction by testator-Protocol-Not a duplicate-Prevention of Frauds Ordinance, s. 6-Evidence Ordinance, s. 114.
Principal Collector Of Customs Customs Ordinance (Cap. 185)-Offence of failure to pay export duty-Ingredient of fraud necessary-Sections 59, 64, 128, 139A.
Ahamadulevve Kaddubawa V. Sanmugam, N. Actio rei vindicatio-Plaintiff must show title at date of action-Irrigation Ordinance, No. 32 of 1946-Section 88 (I)-Effect of words ' as though such sale had never been made '.
Ranhamy V. Jayawardena Criminal Procedure Code-Section 122 (1) and (3)-Statement to police-Admissibility in evidence-Signature of witness taken-Irregularity-Evidence Ordinance, s. 157.
Commisioner Of Income Tax V. Allaudin, A.H.M. Income Tax Ordinance (Cap. 188) Excess Profits Duty Ordinance, No. 38 of 1941 Partnership ecith capital exceeding Rs. 1,000-No written agreement-Prevention of Frauds Ordinance (Cap. 59), s. 18 (c)-Scope of evidentiary prohibition contained therein-Executor-Transaction with himself in personal capacity-Validity.
Ibrahim V. Alagammah Et Al Jus accerescendi-not applicable to gifts-Wills Ordinance, s. 7.
Mariam Beevi Et Al V. Ruqqiah Umma Administration of estates-Letters of administration with will annexed-Competing claims-Right of widow of testator-Civil Procedure Code, ss. 519 (1) and (2), 523.
Jansz V. Weerasekera Et Al., Insolvency Ordinance-Fraudulent preference-Possible even when there is no moral blame-Refusal of certificate of conformity-Extenuating circumstances-Sections 58 and 151.
Chellappah V. Commissioner Of IncomeTax Income Tax Ordinance-Omission of income from return-Making false statement or entry in return-Prosecution under section 87 (1)-' Wilfully with intent to evade tax '--Meaning of words ' wilfully ' and ` evade '-Excess Profits Duty Ordinance, No. 38 of 1941, s. 12 (5).
Manuelpillai V. Nallamma Donation-Subsequent ingratitude of donee-Assault committed by donee on donor-Valid ground for action for revocation.
Bank Of Ceylon V. Kolonnawa Urban Council Banker and customer-Banker paying forged cheque-On whom does loss fall ?-Bills of Exchange Ordinance (Cap. 68), s. 24-Onus Estoppel.
Mohamed Cassim V. Abdul Hameed Quo Warranto-Licensed process server-Right to be member or Chairman of Village Committee-Meaning of ' holder of any public office under the Crown '-Fiscals Ordinance (Cap. 8), s. 4-Local Authorities Elections Ordinance, No. 53 of 1946, s. 10 (1) (d).
De Mel V. De Silva, M.W.H. Writ of Prohibition-Special tribunal entrusted with judicial powers and duties-Procedure not provided for-Procedure to be followed-Commissions of Inquiry Act of 1948.
Jayasinghe V. De Soysa Writ of quo warranto-Teacher in privately owned Assisted School-Not disqualified to be member of a local authority-Local Authorities Elections Ordinance, No. 53 of 1916, section 10 (1) (d).
Vadivelu V. Inspector Of Police Criminal Procedure Code-Charge of housebreaking and theft-Whether triable summarily-Section 152 (3) Penal Code, sections 440, 443, 369.
De Mel V. De Silva, M.W.H. Writ of Prohibition-Appointment of Bribery Commissioner-Authority to determine legal rights of citizens-Duty to act judicially-Writ lies when. Commissioner acts in excess of jurisdiction-Commissions of Inquiry Act, No. 17 of 1948, section 2-Colombo Municipal Council Bribery Commission (Special Provisions) Act, No. 32 of 1949, section 5 ...
Canagasabai V. Kondavil Co Operative Stores Co-operative Societies Ordinance-Shortage of cash in hands of manager-Dispute referred to arbitration-Crucial date-Is manager an ' officer '?-Power to give directions under rulesChapter 107-Section 45 Rule 29.
King V. Davoodulebbe Criminal Procedure Code-Conviction of accused-Reasons not pronounced in open Court-Irregularity-Curable-Sections 304 and 425.
Tolaram V. Jinadasa Defence Regulations-Textile control-Offence committed by dealer-Power to cancel licence-Regulation 62.
Fernando Et Al. V. Hamid Control of Prices-maximum retail price of potatoes-food Price Order No. C 83--Applicable equally to both imported and locally-grown potatoes-Control of Prices Ordinance, No. 39 of 1909, s. 5.
Mohamed Miya V. The Controller Of Textiles Certionari--Cancellation of licenceby Textile Controller--Resonable grounds to believe that dealer is unfit to be allowed to continue--Judicial act--powers of Supreme Court--Regulation 62 of Defence [Control of Textiles] Regulations.
British Ceylon Corporation, Ltd. V. Crossette Thambyah Writ of certiorari--Trade dispute referred to Tribunal for settlement--Question whether trade dispute was involved not raised before Tribunal--Possibility of raising such question before supreme Court--Essential Services [Avoidance of Strikes and Lockouts] Order, 1942.
The Chettinad Corporation, Ltd. V. Fernando Et Al., Civil procedure-PIumbago mine of plaintiff-Encroachment from adjoining mine of defendant-Ascertainment of true extant of encroachment-Order for inspection of defendant's property-Validity of such order-Civil Procedure Code, s. 669.
Liptons, Ltd., V. Gunasekera Writ of certiorari--Essential Services [Avoidance of Strikes and Lockouts] Order, 1942, rules 6, 7--Trade dispute referred by Commissioner of Labour to District Judge for Settlement--duty of district Judge for settlement--duty of District Judge to be satiafied in his own wind that the dispute is a trade dis ...
Brown & Co Ltd V. Roberts Writ of Certiorari-Essential Services (Avoidance of Strikes and Lockouts) Order, 1942, s. 6-Meaning of ' trade dispute '-Powers of Tribunal appointed to settle dispute.
The Attorney General V. Francis Defence (Miscellaneous) Regulations. 1939-Charge under Regulations 17 (1),52-Effect of expiry of a temporary enactment--Interpretation Ordinance (Cap. 2), s. 6 (3).
84 Selvanayakam Kangany V. Henderson Criminal trespass-Meaning of ' occupation ' in section 427 of Penal Code-Occupation may be by oneself or through agent-Difference between occupation. by tenant and occupation by Servant after expiry of notice to quit-Intention to annoy-Penal Code, ss. 427, 433.
Kathiravelu V. Thiagarajah Village Communities Ordinance (Cap. 198), s. 19 (6)-Penalty for breach of-Both fine and disqualification compulsory.
Perera, N.M. V. Police Defence (Miscellaneous) Regulation 17 (1)-Charge under- Words of argument addressed to persons engaged in the performance of essential services-Cannot constitute interference -Charge should set out the words used by accused.
Jeremiah Et Al V. Rapielpillai Et Al Appeal-Duty of appellant to furnish Court with typescript copies of all necessary documents.
Piyasena V. Vaz Income Tax-Making and signing false statements in return-Person who furnishes return cannot deny knowledge of contents of return-Onus on prosecution to establish accused's intention to evade tax Income Tax Ordinance (Cap. 188), ss. 87, 54 (5).Criminal Procedure-Addition of a charge and alteration of a charge ...
Ahamadulevvepody V. Uthumlevve Contract-Mortgage-Loan of paddy--Condition for redemption of mortgage-Return of paddy or its value at date of demand-Computation of sum necessary for redemption of mortgage.
Eliyathamby V. Mirando Contract-Mortgage-Loan of paddy-Agreement to pay interest in form of paddy-Outbreak of war-Impossibility of performance of contract as contemplated by the parties-Equitable order.
Tamby Lebbe V. Vavuniya Police Defence (War Equipment) (Purchase by Civilians) Regulations,' 1944-Purchase of military rations by accused-Burden of proof-Regulation 2 (1) and (2)
Selvarajah V. Inspector Of Police Defence (Miscellaneous) Regulations-Charge of entering Ceylon without permit-Regulation 23A (1) (a)-Absence of Governor's Order-No offence disclosed.
Ahamado Muheyadin V. Thambiappah Mortgage-Hypothecary action-Death of mortgagor-Appointment of legal representative under Mortgage Ordinance-Tender of evidence that value of mortgaged property does not exceed Rs. 2,500-Condition precedent-Mortgage Ordinance (Cap. 74), s. 7.
Edmund V. Jayawardene Rent restriction-Increase of rent-Crucial date-Ordinance No. 60 of 1942, s. 3 (2).
Vaz Assessee, J.P. V. The Commissioner Of Income Tax Excess Profits Duty-Assessee in default-Agreement between Commissioner and Assessee-Issue of certificate for recovery of tax before Magistrate-Absence of notice under s. 76 (4)-Income Tax Ordinance, s. 80 (I).
96 Subasinghe V. Muttiah Insult--Ingredients of offence-Penal Code, a. 484.
97 Nalliah V. The Attorney General., Bail-Indictment for murder-Application for bail- Prisoner not brought to trial owing to postponements on application by Counsel for defence-Courts Ordinance, s. 31.
98 Jayawardene V. Malaka Deed-Sale on a Fiscal's conveyance-Falsa demonstratio non nocet-Application of maxim.
99 Tharmalingam Chetty V. Arunasalam Chettiar Theavalamai-Malabar Tamils-Local law-Applicable to Tamils of Northern Province.
100 Gunawardena V. Kandy Police Defence (Miscellaneous No. 3) Regulations-Arrest of accused-Omission to set out grounds of belief in order for arrest-Validity of order-Regulation (1) 1.
101 Weerasekere V. Subramaniam Control of Prices-Control of sulphapyridine tablets-Sale of single tablets and not a bottle-Control of Prices Ordinance,No. 39 of 1939, s.3.
102 Sivasamy V. Rasiah Maintenance-Application by wife-Wife possessed of means-Right to apply for maintenance from husband-Maintenance Ordinance (Cap. 76), s.2.
103 Sundarampillai V. Salha Umma Writ-Interruption of execution proceedings by claim-Release of seizure-Fresh application for writ-Prescription-Civil Procedure Code,s. 337
104 Gnanaprakasam V. Sabaratnam Obstructing Public servant-Lawful Order -Penal Code, s. 183.
105 Motha V. Fernando Rate on mortgaged premises - Payment by mortgagee-Action to recover front mortgagor-Municipal Councils Ordinance (Cap. 193), s. 147. 106 Marikar Et Al. V. Cader Registration of seizure - Mortgage pending seizure-Sale is execution after the lapsing of registration-Mortgage void as against sale-Renewal of old mortgage pending seizure-Validity-Civil Procedure Code.s. 238.
107 King V. Aiyadurai Et Al., Evidence called by Judge-Comment by Counsel on absence of Crown witness-Matter arising ex-improviso-Fairness to accused-Criminal Procedure Code, s. 429.
108 Palaniappa Chetty Et Al. V. Mercantile Bank Et Al., Abatement of Appeal - Application for typewritten copies-Failure to comply with rules-Order of abatement-Ministerial act-No appeal-Supreme Court's powers of revision.
109 Palaniappa Chettiar Et Al. V. Mercantile Bank Appeal - Application for typewritten copies-Failure to comply with Rules-Application made to Secretary of District Court-Regularity-Matters not fundamental-Appeal does not abate-Civil Appellate Rules(1938)rules 2 (1) and 4.
110 Abeyesekere V. The Colombo Municipality Assessment - Premises occupied by owner-Basis of assessment-Burden of proof-Municipal Councils Ordinance, s. 4.
111 Mullaittivu, A.G.A. V. Selvadurai False Information - Given to public servant-Elements of offence-Penal Code, s. 180 (Cap, 15).
112 Marimuttu V. Dissanayake Excise Ordinance - Obstruction to Excise Inspector's search-Excise article liable to confiscation-No evidence of reason to suspect possession-Fatal irregularity-Excise Ordinance, No. 8 of 1912, s. 34, Cap. 42.
113 Thronhill V. The Commissioner Of Income Tax Income Tax - Profits or income-Proceeds of sale of tea and rubber coupons-Income Tax Ordinance, ss. 6 (1) (a) and 6 (1) (h) (Cap. 188).
114 The Solicitor General V. Cooke Proctor - Conviction for criminal breach of trust-Money entrusted by client-Attempt at reparation--Courts Ordinance, s. 17 (Cap. 17).
115 Hunter Et Al. V. De Silva Decree - Subsequent agreement to pay higher rate of interest-Application to alter decree and certify adjustment-Civil Procedure Code, s. 349.
116 Chitty Et Al. V. Peries Malicious arrest -Action for damages-Instigation of arrest-Statement to Police-No privilege-Police Information Book-Statement admissible to impeach plaintiff's credit-Evidence Ordinance, s. 155 (c) (Cap_ 11), Criminal Procedure Code, s. 122 (3) (Cap. 16).
117 Aryanayagam V. Thangamma Maintenance - Order of District Court making provision for maintenance of children-Bar to proceedings under Maintenance Ordinance
118 Selamma Achie V. Palavasam Abatement - Death of plaintiff within twelve months-Power of Court to enter order of abatement-Civil Procedure Code, ss. 402 and 403
119 Cooray V. Karuppaia Accident in course of employment-Burden of proof-Circumstances attending accident-Inference of Commissioner-Ordinancc No. 19 of 1934.
120 Muttucarpen Chettiar Et Al., V. Velupillai Promissory note given by an unregistered overseer in Public Works Department-Public servant at the time note was given-Public Servants' (Liabilities) Ordinance, 1899, s. 3 (3).
21 Karunanayake V. Karunanayake Divorce-Amount of alimony-Determination of alimony-Dissolution of marriage-Wife's right to recover dowry-Roman-Dutch law-Matrimonial Rights and Inheritance Ordinance, s. I9.
122 Letchiman V. Murugappa Chettiar Administration-Application on a copy of fast will-Proof of copy-Civil Procedure Code, s. 539 (c ) -Evidence, s. 63.
123 Thangamma V. Nagalingam Mortgage-Intervention of judgment-creditor of mortgagor who had scized the property-Not necessary party-No right to intervene-Civil Procedure Code, s. 18-Mortgage Ordinance. No. 21 of 1927, s. 6(1).
124 Ponniah Et Al. V. Jameel Et Al., Muslim law-Deed of gift inter vivos in praesenti-Reservation of usufruct by donor-Gift subject to fidei eommissum-Acceptance by donees-Delivery of deed as a symbol of possession-Gift governed by Muslim law-Invalid for want of delivery of possession.
125 Sinnetamby V. Shanmugam Evidence-Removal of Judges pending suit-Judge acting on evidence recorded-Decision depending on the credibility of witnesses-Irregular procedure-Courts Ordinance, s. 89.
126 King V. Paramanpalam Obstructing Chairman in the discharge of his duty-Power of Chairman to fine a member-Cnminittee must be in judicial session-Details of charge-Manner of obstruction-Penal Code. s. 183.
127 Chetty V. Chetty Thesawalamai-Malabar inhabitants of Jaffna-vaniyas settled in Jaffna for three Generations Governed by Thesawalamai.
128 Sivapakiam V. Sivapakiam Person having sufficient means-Meaning of expression-Maintenance Ordinance, No. 19 of 1885. s. 3.
129 Sethukavalar V. Alvapillai Conflict of claims-Right of a widow or widower-Discretionary power of Court to pass over claim.-Civil Procedure Code, s. 523.
130 Selliah Pillai V. Rupasinghe Property devised to trustees under last will-To take charge of and improve-Property to devolve on sons after the happening of certain events-Sale by son before the event-Right of legatees to ask for title.
131 Fernando Et Al. V. Jayasinghe Et Al., Contract entered into by person in default-Assignment of rights under contract-Action by assignce-Ordinance No. 6 of 1918, s. 9.
132 Ramanathan Chettiar V. Ratnasingham Seizure of money in testamentory suit-Application to draw out the money-Insolvency of the estate-Conevrrenec-Civil Procedure Code,s. 352.
134 De Soysa V. The Prudential Assurance Company Limited Insurance Law-Death by accident directly or indirectly occasioned or accelerated by mental illness-Exception clause excluding proximate cause-Burden of proof.
135 Nanayakkara V. University Of Peradeniya And Others Certiorari and Mandamus - Suspension of student - University Council - Universities Act No. 16 of 1978 29 (n), 34(2), (3), (6), 44(1), 45(1), (2) (iii), (xviii), 131, 135(1), (d) -Power of Vice-Chancellor and the University Council to maintain discipline -Compendium of Rules and Regulations, sections 1; 2, 3 ...
36 Duwearatchi And Another V. Vincent Perera And Another Writ of Certiorari -Order made by Minister under Sports Law No. 25 of 1974 - Interim, stay order -Extension of interim stay order-Inherent power of Court.
137 Muzamil And Others V. Rehabilitian Of Property And Industries Authority(Repia) And Others Writs of Prohibition and Certiorari-Landlord and tenant-Destruction of premises-Rehabilition of property and industries Authority(REPIA)-Regulations 4,5,9,13,14,and 19 made under section 5 of the public security Ordinance published in Government Gazette(Extraorinary) No. 257/3 dated 7.8.1983-Jurisdiction to make demolition ...
138 Wigneswaren V. Thambipillai Landlord and Tenant-Action for ejectment of Tenant - Reasonable requirement - Section 22 (2)(b) of the Rent Act No.7 of 1972 and Section 22 (2) (bb) of the Rent (Amendment) Act No. 55 of 1980 - Whether an amendment of plaint can be permitted unless an action was validly instituted - Sections ...
139 Plate Ltd. V. Ceylon Theatres Ltd. Court of Appeal Act, No. 44 of 1971-Section 8 [1] [d] --Application for leave to appeal thereunder--Question of general or public importance--Quantum of doubt as to thecorrectness of the judgement of the Supreme Court -- Rent Act, No. 7 of 1972--'Excepted Premises'.
140 City Carriers Ltd V. The Attorney Generlal Criminal law-Attempt to commit an offence-Difference between attempt and preparation-Attempt to commit offence of unlawful exportation of goods-Quantum of evidence-Forfeiture of vehicle under Customs Ordinance, s. 125.
141 The China Pacific Navigation Co. Ltd., Hong Kong V. Messrs Jafferjee Brothers Contract-Carrige of goods by sea-Goods damaged in transit-Consignees claim for damages on ground of improper stowage-Burden of proof.
142 Mohamed Ali V. Seneviratne Exchange Control Act--Section 7 (a)-' Payment to or for the credit of a person resident outside Ceylon '.
143 Sethu Ramasamy V. Moregoda Deportation order-Subsequent authorisation by Prime Minister for issue of visa to deported person-Power of Controller to cancel such visa-Immigrants and Emigrants Act, No. 20 of 1948, as amended by Act No. 16 of 1955, ss. 5 (1), 11 (2) (g ), 12, 14, 17, 31 (1), 31 (3)-Regulations ...
144 Rajasekaram V. Rajaratnam Partnership-Difference between partnership and co-ownership-Equality of shares of partners not essential-Capital over Rs. 1,000-Absence of agreement in writing-Admissibility of parol evidence-Death of partner-Continuation of business by surviving partners-Failure to agree in writing-Effect-Prevention of Frauds Ordinance (Cap. 57), s.18 ...
145 Valliyammai Achi V. Secretary Of District Court Administration of estates-Mortgage bond executed by executor-Subsequent release of the hypothecated property from the mortgage-Money decree obtained by the mortgages-Execution thereof-Right of mortgages to follow up property other than that which had been hypothecated.
146 Arumugam V. Vijayaretnam Fugitive Offenders Act, 1881-Section 29-Warrant of arrest-Authentioation of it.
147 Commercial Banks Association V. Thalgodapitiya Industrial dispute-Reference for settlement by arbitration-Errors and omissions in award-Power of arbitrator to correct them subsequentlyIndustrial Disputes Act No. 43 of 1950 (as amended by Acts 25 of 1956 and 62 of 1957), ss. 3 (1) (d), 17 (2), 18 (1), 18 (2), 19, 21, 33 (1) (a ...
148 Sellammah V. Sellamuttu Will-Probate-Suspicions created by alterations in a will-Burden on propounder to remove them-Notaries Ordinance (Cap. 91), s. 30 (20) (21)-Prevention of Frauds Ordinance (Cap. 57), s. 7-Civil Procedure Code, ss. 524, 526.
149 Packirmuhaiyadeen Et Al., V. Asiaumma Et Al., Donation-Minor as donee-Acceptance by donee's elder brother--Validity
51 Mariya Umma V. The Oriental Government Security Life Assurance Co., Ltd. Insurance-Contract of life insurance-Repudiation of liability by insurer--Vagueness of allegations against deceased insured-Framing of issues--Duty of Court to clarify issues-Civil Procedure Code, ss. 77, 146 Proposal Form-Questions appearing therein-Truth of answers-Tests to ascertain it.
153 Seenivasagam V. Kirupamoorthy Town Councils Ordinance, No. 3 of 1946-Special meetings of Council-Section 39 (2)--Its provisions are peremptory-By-laws-Scope of their effect-Mandamus-Alternative remedy-Effect of such remedy in regard to issue of writ.
154 Gnanamuttu, D.S. V. Thangiah Notaries Ordinance (Cap. 91)-Breach of paragraph (a) of rule (35) in Section 30-Burden of proof.
155 Sanitary Inspector, Mirigama V. Thangamani Nadar Evidence Ordinance-Section 106-' Especially within the knowledge of any person '-Quarantine and Prevention of Diseases Ordinance-Contravention of Regulation 46-Burden of proof.
157 Solicitor General V. Jayawickreme Advocate Professional misconduct--Malpractice Courts Ordinance (Cap. 6), s. 17.
158 Kumarasiri Et Al V. Wijesooriya Police Ordinance (Cap. 43)-Section 75A as amended by section 2 of Ordinance No. 22 of 1947-Procession in public place in urban area-Contravention of conditions imposed by police officer.
Sebastian Pillai V. Magdalene Maintenance Ordinance-Issue of summons-Examination of applicant on oath or affirmation-Not condition precedent to issue of summons-Chapter 76--Section 14.
Juwanis Perera V. Gordon Defence (Control of Textiles) Regulation 14 (1)-' Dealer 'means a dealer holding a textile licence-Penal Code, s. 67, applicable to breaches of Defence Regulations-Penal Code, ss. 38, 67.
Veerasamy, R. V. Stewart Et Al., Contempt of Court - Publication of editorials and articles on pending case-Articles calculated to prejudice the fair trial of the petitioner-Intent not an essential ingredient of offence-Courts Ordinance. s. 47.
Vanderstraaten V. Mrs. Perera, N.M. Et Al., Police Ordinance, ss. 70 (2) and 97 (Cap. 43)-Failing to disperse when ordered by Police Officer-Trial by Magistrate-Absence of certificate by Attorney-General-Fatal irregularity.
Tillainathan V. Nagalingam Prescription-Mortgage bond in favour of P and after his death his minor son-Death of P-Action brought by minor's next friend.
Sivapakiam Et Al V. Nawamani Ammal Liability of husband for necessaries supplied to wife-Wife living separately-Husband's misconduct-Roman-Dutch law-Courts Ordinance, s. 39.
Laurentius Van Kessel, Through His Attorney Jayawickrama V. Shobha Samaratunga And Another, Attorneys At Law Attomey-at-Law - Misappropriation of money entrusted for specific purposes -Deceipt and / or malpractice - Section 42 of the Judicature Act, No. 2 of 1978.
Sivapatham V. Balasingham And Another Landlord and tenant - Monthly tenancy - Licencee - Action for a declaration for exclusive use and enjoyment and permanent injunction restraining interference with possession - Civil Procedure Code, Sections 121, 134 and 175.
Local Government Service Commission V. S.Nagendran Local Government Service Commission-Immunity from liability to pay the salary of a member of the Local Government Service-Scope Local Government Service Ordinance, ss. 8, 9, 10, 14, 23, 40 (1) (e), 59.
Attorney General V. William Et Al., Bribery Act, No. 11 of 1954-Indictment-Requirement of signature of Attorney-General-Sections 3 (2), 5, 6 (1), 8, 9 (1), 19 (b), 25, 78 (1) Criminal Procedure Code, ss. 148 (e), 165 P, 186, 393.
Rajasekeram V. Rajaratnam Costs-Adjournment of hearing of a case-Power of Court to order payment of ' incurred costs '-Civil Procedure Code, ss. 143, 214.
Jayatilleke Et Al., V. Siriwardena Et Al., Co-owners-Mortgage of his undivided share by one co-owner-Amicable partition among the co-owners thereafter-Effect of it on the earlier mortgage-Equitable considerations involved-Rule against ' unjust enrichment '.
Kadirgamer V. Rosairo Motor Car Ordinance, No. 45 of 1938-Section '42 (1)-Private car-Cannot be used for carrying passengers for hire.
Abraham V. Hume Criminal trespass-Right of public meeting to private premises-Superintendent of a plantation-Is in ' occupation ' of the whole estate-Right of resident labourers to invite outsiders-Mens rea-Penal Code, ss. 433, 69, 72, 88.
Chartered Bank V. De Fonseka Adjustment of decree-Money due under hypothecary decree-Sale of lands under decree-Negotiations for payment of balance due-Failure to pay balance on due date-No certifable adjustment-Notice of order for sale to judgment-debtor unnecessary-Civil Procedure Code, ss. 347 and 349.
Siriwardene V. Sinnetamby Et Al., Obscene Representation - Writing of obscene expressions on traps-Meaning of representation-Penal Code, s. 285.
New Dimbula Co. Ltd. V. Brohier.R.L Industrial dispute - Unreasonable transfer of employee from one sphere of work to another - Relief which arbitrator may award - Misdirection - Certiorari - Industrial Disputes Act (Cap. 131), as amended by Act No. 62 of 1951, ss. 4 (1), 17 (1), 33 (1).
Attorney General V. Sivapragasam Criminal procedure-Summary trial-Right of Crown to appear for complainant-Right of prosecuting Counsel to decide not to place evidence before Court--Criminal Procedure Code, ss. 148 (1) (a), 189 (1), 194, 195, 199, 201, 202, 216 (2), 290.
Kandasamy V. Kandiah Et Al., Contract-Prohibitory statute-Illegality-Construction-Excise Ordinance (Cap. 42)-Sections 17, 24, 43, 45.
Thaheer Et Al., V. Abdeen Contract-Agreement to sell immovable property-Specific performance--Principles applicable-Covenant to pay liquidated damages.
Kandy Omnibus Co., Ltd. V. Roberts Certiorari-Petitioner must be a person aggrieved-Necessary parties-Delay-Jurisdiction-Acquiescence to patent want of jurisdiction-Difference in effect between patent and latent want of jurisdiction- Estoppel-Duty of applicant to disclose all material facts-Difference between judicial function and administrative function-Omnibus Service Licensing Ordinance, No. 47 of 1942 ...
Paul V. Wijerama Medicial Practitioner--Charge of infamous conduct in a Professional respect--Inquiry of Medical Council sitting as a Disciplinary Committee--Judical nature of the Committee's functions--Members of the Committee--Absence of some of them at material parts of the inquiry--Effect of disqualifying them from participating in the final decision ...
Rasu Chettiar Et Al., V. Ponwandu ' Account stated '-Money Lending Ordinance (Cap. 67)-Sections 2, 3, 8, 20-Promissory note given partly as security for a renewed loan and partly for repayment of money due on a non-loan transaction-' Capital sum actually borrowed '--' Inadvertence '--' Regular account of each loan '.
Commissioner Of Income Tax V. Chettinad Corporation Ltd. Excess profits duty-Partnership-Liability of each partner-Procedure for assessment-Excess Profits Duty Ordinance, No. 38 of 1941,ss. 12 (1), (2), 14 (1), 19-Income Tax Ordinance, ss. 29, 64-67, 68 (2) (b), 76 (1).
Jansz V. Airlanka Ltd And Others Fundamental Rights - Application under Article 126 of the Constitution -Article 14(1) (d) and 14(1) (g) of the Constitution - Infringment by executive or administrative action.
Ariff V. Kandasamipillai & Others Execution - Civil Procedure Code. sections 325-328 - Difference of section 328 petition from proceedings under ss. 325 - 327 - Court's powers of revision - Right of person not a party to proceedings against whom no order has been made to apply for revision.
Mohamed.A.H.V V. Commissioner Of Inland Revenue Income tax - Entertainment expenses incurred by employees in connection with a business - Right of proprietor to claim deduction - Income Tax Ordinance (Cap. 242) as amended by Act No. 13 of 1959, s. 12 (ab).
Hirdaramani V. Ratnavale Emergency [Miscellaneous provisions and powers] Regulations, No. 6 of 1971 [Published in 'Government Gazette' of August 15, 1971]--Regulations 18, 19, 20, 51, 52, 53, 55, 65--Detention Order made under Regulation 18 [1]--Habeas Corpus application--Affifavit filed by permanent Secretary--Cross-examination of deponent--Permissibility--Power of court to ...
Attorney General V. Sri Skandarajah Criminal Procedure Code-Non-summary inquiry-Assumption by Magistrate of summary jurisdiction-Power of Attorney-General to give instructions to Magistrate in summary proceedings-Meaning of term ' inquiry '-Sections 152 (3), 390 (2).
Chandradasa V. Kumari Maintenance - Unsatisfactory and contradictory evidence - S. 157 Evidence Ordinance - Corroboration - Admissions of views expressed by certain Authors - Considering material not available in the case to disregard the medical evidence.
Dhammika Chandratileke V. Susantha Mahes Moonesinghe Attorney-at-Law - Disciplinary Rule - Deceit and criminal breach of trust - Judicature Act 42(2) read with the Supreme Court Rules 1978.