SL Advocacy

It was held in  Ananda Sarath Paranagama vs D. Sarath Paranagama and Others by Justice A.W.A. Salam , that it is left to a party claiming a right of way to establish his right for purpose of obtaining a declaration under Section 69 aforementioned in two ways. Firstly, he may resort to the ordinary way of proof as is done in a right of the case in a civil court. In the absence of such proof, he may also prove have the satisfaction of court that the right of way in question had been enjoyed or used by him for the time being when the obstruction was placed.

Three accused who were taken into custody on an allegation that they committed offences under the Antiquities Ordinance sought bail. The application was made under Section 7 of the Bail Act.

"The essential requisites of section 653 must be clearly averred on the face of the petition and supporting affidavit. A Court cannot be expected to scour these documents searching for clues to check whether the plaintiff has satisfied the requirements of section 653. It would not be inappropriate to stress here that, it is incumbent on the pleader to exercise care and due diligence in the drafting of an application, especially where ex parte relief is sought." IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF  SRI LANKA  S.C.C.H.C. Appeal No: 26/2010 

This judgment is very useful for the civil law practitioners, where Hon. Justice Prasanna Jayawardena, PC analyze the relevant law accordingly. However, by the last passage which I will quote later on, honorable Justice caution us this is not exhaustive on the subject.  "It should be mentioned here that, a perusal of the many decisions which have examined whether a Constructive Trust has arisen will demonstrate that there are many types of `attendant circumstances’ which could arise for consideration when a Court determines whether a Constructive Trust has arisen. In this judgment, I have only referred to the `attendant circumstances’ which arose for consideration in the present case. Other cases will give rise to other `attendant circumstances’ which may have to be considered in terms of Section 83 of the Trusts Ordinance." S. CHANDRIKA SUDARSHANI  VS.  M.H.M.G. SOMAWATHI S.C. Appeal No.173/2011 BEFORE:    B.P. Aluwihare, PC, J.