Somasunderam Nadesan Q.C.
Index of Court Cases
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".
gifted and dedicated champion of human rights - Manel Fonseka, Civil Rights
Movement 24 December 1986
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.
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)
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.
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.
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 '
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.
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.
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.
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 1st respondent had taken some of the leaflets
into custody The 1st respondent had initiated
inquiries on the receipt of a complaint 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.
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 ...
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)
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
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 ...
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
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
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
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)
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
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.
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.
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.
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.
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 ...
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).
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 '.
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 ...
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.
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.
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.
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.
of Ceylon V. Liverpool Marine & General Insurance
Abatement of action-Scope of ss. 402 and 403 of Civil Procedure
Code-Remedy of plaintiff.
Perera V. Motha Handwriting-Opinion of
expert-Weight-Evidence Ordinance, ss.5, 45, 47,59.
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.
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
Kumarasamy V. Banda Kandyan
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).
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 ...
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 ...
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.
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.
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.
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 -
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).
Fernando v T. S. Fernando Habeas Corpus - Custody of child -
Contest between father and mother - Scope of fundamental right
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.
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.
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
V. Alagammah Et Al Jus accerescendi-not
applicable to gifts-Wills Ordinance, s. 7.
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.
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.
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
V. Nallamma Donation-Subsequent ingratitude of
donee-Assault committed by donee on donor-Valid ground for
action for revocation.
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.
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).
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).
V. Inspector Of Police Criminal Procedure
Code-Charge of housebreaking and theft-Whether triable
summarily-Section 152 (3) Penal Code, sections 440, 443, 369.
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.
V. Davoodulebbe Criminal Procedure
Code-Conviction of accused-Reasons not pronounced in open
Court-Irregularity-Curable-Sections 304 and 425.
V. Jinadasa Defence Regulations-Textile
control-Offence committed by dealer-Power to cancel
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.
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]
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.
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.
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 ...
& 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
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).
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,
V. Thiagarajah Village Communities Ordinance
(Cap. 198), s. 19 (6)-Penalty for breach of-Both fine and
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
Et Al V. Rapielpillai Et Al Appeal-Duty of
appellant to furnish Court with typescript copies of all
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)
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.
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.
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).
Subasinghe V. Muttiah Insult--Ingredients of
offence-Penal Code, a. 484.
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.
Jayawardene V. Malaka Deed-Sale on a Fiscal's
conveyance-Falsa demonstratio non nocet-Application of maxim.
Tharmalingam Chetty V. Arunasalam Chettiar
Theavalamai-Malabar Tamils-Local law-Applicable to Tamils of
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.
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,
Sivasamy V. Rasiah Maintenance-Application by
wife-Wife possessed of means-Right to apply for maintenance from
husband-Maintenance Ordinance (Cap. 76), s.2.
Sundarampillai V. Salha Umma Writ-Interruption
of execution proceedings by claim-Release of seizure-Fresh
application for writ-Prescription-Civil Procedure Code,s. 337
Gnanaprakasam V. Sabaratnam Obstructing Public
servant-Lawful Order -Penal Code, s. 183.
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.
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.
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.
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.
Abeyesekere V. The Colombo Municipality
Assessment - Premises occupied by owner-Basis of
assessment-Burden of proof-Municipal Councils Ordinance, s. 4.
Mullaittivu, A.G.A. V. Selvadurai False
Information - Given to public servant-Elements of offence-Penal
Code, s. 180 (Cap, 15).
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.
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)
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).
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.
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).
Aryanayagam V. Thangamma Maintenance - Order of
District Court making provision for maintenance of children-Bar
to proceedings under Maintenance Ordinance
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
Cooray V. Karuppaia Accident in course of
employment-Burden of proof-Circumstances attending
accident-Inference of Commissioner-Ordinancc No. 19 of 1934.
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).
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.
Letchiman V. Murugappa Chettiar
Administration-Application on a copy of fast will-Proof of
copy-Civil Procedure Code, s. 539 (c ) -Evidence, s. 63.
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).
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.
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.
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.
Chetty V. Chetty Thesawalamai-Malabar
inhabitants of Jaffna-vaniyas settled in Jaffna for three
Generations Governed by Thesawalamai.
Sivapakiam V. Sivapakiam Person having
sufficient means-Meaning of expression-Maintenance Ordinance,
No. 19 of 1885. s. 3.
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.
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.
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.
Ramanathan Chettiar V. Ratnasingham Seizure of
money in testamentory suit-Application to draw out the
money-Insolvency of the estate-Conevrrenec-Civil Procedure
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.
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,
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.
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 ...
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 ...
Plate Ltd. V. Ceylon Theatres Ltd. Court of
Appeal Act, No. 44 of 1971-Section 8  [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
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.
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.
Mohamed Ali V. Seneviratne Exchange Control
Act--Section 7 (a)-' Payment to or for the credit of a person
resident outside Ceylon '.
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 ...
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 ...
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.
Arumugam V. Vijayaretnam Fugitive Offenders Act,
1881-Section 29-Warrant of arrest-Authentioation of it.
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 ...
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,
Packirmuhaiyadeen Et Al., V. Asiaumma Et Al.,
Donation-Minor as donee-Acceptance by donee's elder
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.
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.
Gnanamuttu, D.S. V. Thangiah Notaries Ordinance
(Cap. 91)-Breach of paragraph (a) of rule (35) in Section
30-Burden of proof.
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.
Solicitor General V. Jayawickreme Advocate
Professional misconduct--Malpractice Courts Ordinance (Cap. 6),
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.
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.
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.
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.
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
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.
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.
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.
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)
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.
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.
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.
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).
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.
V. Kandiah Et Al., Contract-Prohibitory
statute-Illegality-Construction-Excise Ordinance (Cap.
42)-Sections 17, 24, 43, 45.
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 ...
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 '.
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).
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.
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.
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).
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 --Habeas Corpus
application--Affifavit filed by permanent
Secretary--Cross-examination of deponent--Permissibility--Power
of court to ...
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).
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.
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.