Category: New CA Judgements
Misapplication of the burden of proof
This appeal was filed to challenge the conviction and sentence imposed by the High Court of Matale on the appellant for the offense of rape of a girl under 16 years of age. The High Court had convicted the appellant despite numerous inconsistencies in the evidence of the prosecution witnesses and alleged procedural errors. Case…
Cancellation of the registration of Craig Estate Tea Factory
1. Case Background Petitioner: Maskeliya Plantations PLCRespondents: Sri Lanka Tea Board, Jayampathy Molligoda (Chairman), Anura Siriwardena (Director General), E.A.J.K. Edirisinghe (Tea Commissioner) Court of Appeal Case: CA (Writ) Application No. 337/2020 Court: Court of Appeal of the Democratic Socialist Republic of Sri LankaNature of Application: Writs of Certiorari and Prohibition under Article 140 of the Constitution…
Writ of prohibition, fraudulent or dishonest
Case Overview: The petitioner, Gowri Somasundaram, sought relief through a writ of prohibition in Court of Appeal Case: CA-WRT-229-23 to prevent her arrest under allegations of financial fraud related to a sum of Rs. 16,200,000. The case revolved around whether the transaction between the petitioner and the 2nd respondent, Suranjani Wickrameratne, was a commercial arrangement or involved criminal…
Labour dispute between Namunukula Plantations PLC and Commissioner General of Labour
Case Overview This Court of Appeal Case CA/WRT/0599/2021 involves Namunukula Plantations PLC (Petitioner) seeking relief through Writs of Certiorari and Prohibition under Article 140 of Sri Lanka’s Constitution. The primary contention arose from a labor dispute over salary increments for plantation employees, with the petitioner challenging the statutory obligations enforced by the Commissioner General of Labour (1st Respondent). Key Issues Court’s…
W.M. Mendis & Co. Ltd & Anr. v. I.M.S. Bandara Illangasinghe & Others (CA/WRIT/704/2024)
1. Background of the Case This case concerns an application for a writ of Certiorari filed by the petitioners, W.M. Mendis & Co. Ltd and its director, Mr. Anthony Randev Dinendra John, challenging certain orders made by the Magistrate’s Court of Colombo related to unpaid taxes. The case was argued before the Court of Appeal of Sri Lanka,…
Court of Appeal Judgement on Protection, Well-being, and Registration of Elephants in Sri Lanka
Case Overview The case involves applications for mandates in the nature of Writs of Certiorari, Prohibition, and Mandamus in terms of Article 140 of the Constitution of the Democratic Socialist Republic of Sri Lanka. The Petitioners are primarily challenging the Fauna and Flora (Protection, Well-being, and Regularization of Registration of Tamed Elephants) Regulations No. 01…