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Judicial Instruments



Recent Judgments

 

1. SC Rule No. 01/2006(D) - Elmore Perera, AAL Rule affirmed. Suspended from practice for 7 years.

 

2. SC Appeal No.23/2004 - Department of Customs - the amount to be attributed as freight in valuing Goods imported Fob for ad valorem duties. Sec 41, 57, 167 - Customs Ordinance.

 

3. SC Ref No. 01/2008 - Reference by H E the President in terms of Article 129(1) of the Constitution – whether adequate recognition given to International Covenant on Civil and Political Rights of the United Nations – that such rights recognized in the Covenant are Justifiable.

 

4. SC Spl(LA) No. 182/99 - Singarasa – Convicted under PTA – No. 48 of 1979- International Covenant on civil and Political Rights adopted by the General assembly of the UN - Legitimate expectation – monist and dualist Theories -   Covenant has no internal effect and rights under Covenant are not rights under the Law of Sri Lanka.

 

5. SC FR No. 352/2007 Waters Edge land transfer. Illegality. Former President to pay 3 Million to State. Land revert back to the UDA.

 

6. SC  No. 03/2008 Minimum mandatory sentence in section 364(2) (e) -(Rape) - in conflict with Articles 4(c) ,11, 12(1) of the Constitution. High Court is not inhibited from imposing a sentence deemed appropriate in exercise of judicial discretion.

 

7. SC  No. 43/2007 Section 90 (e) of the Evidence Ordinance. Production of statement of accounts. Such statements of accounts are not primary nor secondary evidence. Order of the High Court not within the scope of Section 90 (e).

 

 

8. SC  FR No. 158/2007 -   Infringement of the fundamental right guaranteed by Article 12(1) of the Constitution in respect of the sale of 90% of the shares of SLIC, a company fully owned by the Government of Sri Lanka and that such infringement has occurred due to wrongful and unlawful executive and administrative actions.

 

9. SC   No. 209/2007 - P.B. Jayasundara Case ; Judgement of Asoka De Silva CJ and Balapatabendi J Judgement of Bandaranayake J , Judgement of Marsoof J , Judgement of Sripavan  J , Judgement of Ratnayake J , Dissenting Judgement of Tilakawardene J 

 


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