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Showing posts from May, 2017

FR Application - torture by the police and failure of the suspect to inform the incident to the Magistrate when he was produced - responsibilities of the OIC

"In the first instance, how can an Inspector of Police expect any Court of this country to act on affidavits by some other suspects who were at that time, in the custody of the police officers in the said police station. The said suspects are also under the power and authority of other police officers, in the ‘cell of the suspects behind bars’. When asked for affidavits confirming the absence of another suspect by an Inspector of Police, can that suspect decline to give such affidavits? Do those suspects have any idea of who the other suspect is or what name the other suspect bears or any internal matters of the police? Do the inmates in a police cell know what each others’ names are? To place this kind of very low standards of proof of absence of the Petitioner, during that period, inside the Police Station, is incredible. I view this kind of action as despicable and absurd. No court would be ever willing to rely on affidavits by suspects and detainees in the custody of the pol

Civil Procedure, Sec. 18 - addition of a party - scope and guidlines

I think every Civil Law practitioner should keep a hard copy of this Judgment where Justice Prasanna Jayawardena, PC analyzed the law relating to the addition of parties under the Civil Procedure Code. However, as Honorable Justice Jayawardena stated somewhere in his judgment this is not the complete guide on the subject. IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA  SC Appeal No.198/2014  NEW LANKA MERCHANTS MARKETING (PVT) LIMITED AND OTHERS  V.  SEYLAN BANK PLC AND OTHERS 

Criminal Procedure, Sec. 433 - forfiture under the Forest Ordinacne - present law

In this case, Justice H. C. J. Madawala analyzed the law relating to confiscating the vehicle under the provisions of the Forest Ordinance and nature of the rights of the absolute and registered owner stated in the Code of Criminal Procedure Act. IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF  SRI LANKA  C.A. (PHC) No: 41/14       Koshiba Credit Finance (Pvt) Ltd  v.  OIC, Police Station, Wattala.