Category: Supreme court

SIRIMAL AND OTHERS v BOARD OF DIRECTORS OF THE CO-OPERATIVE WHOLESALE ESTABLISHMENT AND OTHERS | 2003 2SLR 23

Editor

The petitioners complained that the 1st respondent (‘The CWE”) did in violation of their rights under Article 12(1) of the Constitution stopped extension of their services beyond 55 years and purported to retire them from 31.7.2002, by circular dated 21.6.2002(P6). The previous circular dated 14.11.1995(P5) provided for granting of annual extension from 55 until 60 as in the case of the public sector under Chapter V section 5 of the Establishments Code. The reasons given for the new policy decision were: (a) Redundant labour force (b) Heavy losses; and (c)…

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ADHIKARY AND ANOTHER v AMARASINGHE AND OTHERS | 2003 1SLR 270

Editor

The 1 st petitioner an attorney-at-law was proceeding in his car from Nawala to the Bandaranaike International Conference Hall (BMICH) with his wife the 2nd petitioner and his child and the mother to attend an exhibition. At Narahenpita there was traffic block. When the vehicles started moving the 1st and 2nd respondents came up to petitioner’s car and pulled the petitioner out and abused him and stopped him. When the 2nd petitioner intervened they abused her also and slapped her. When the 1st petitioner disclosed that he was an attorney-at-law…

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ROSHANA MICHAEL v. SALEH, OIC (CRIMES), POLICE STATION, NARAHENPITA AND OTHERS SC (FR) NO. 1/2001

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The petiitoner, a visiting domestic servant worked in the house of her employer until 12.15 pm on 03. 12. 2000. At about 6 pm., the employer’s wife (the complainant) observed her husband’s gold wristlet watch missing. She got down the petitioner and questioned her but the wristlet watch was not found. According to the Information Book of the Narahenpita Police Station, the complainant had made a complaint regarding the loss of the wristlet watch on 04. 12. 2000 at 9.10 am.; the 1st respondent (Inspector of Police) and another officer…

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S E N A D E E R A , IN SP EC TO R OF P O LIC E , P U LM U D D A I P O LIC E STATION vs LT. SIY A S IN G H E A N D O TH E R S SC APPLICATION No. 263/2001 (FR)

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The petitioner police officer complained that when he and his wife (President, Police Seva Vanitha Movement) were having lunch, the first and second respondents (army officers of the Kokilai Camp) together with soldiers of the Kokilai Camp arrived, kicked their plates and took the petitioner away in a truck, assaulted him and later chased him away. In his counter affidavit the petitioner said that there were other uniformed police officers accompanying him but there was no affidavit from any officer to support this, except his wife’s affidavit. The 3rd to…

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WICKREMASINGIfE c . v – CEYLON PETROLEUM CORPORATION AND OTHERS |2001 2SLR 409

Editor

The petitioner had been a dealer in petroleum products from 1949 at premises No. 267 Galle Road, Colombo 4 when the said premises were with the British owned Shell Company until the same vested with the 1 * respondent Corporation in 1964 under the Ceylon Petroleum Corporation Act after which the business was continued on an Agreement with the Corporation. The Agreement of Dealership could be terminated either without notice on the ground of defaults on the part o f the dealer or by either party giving 3 months notice…

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SRIYANI SILVA (WIFE OF JAGATH KUMARA-DECEASED) v. IDDAMALGODA, OFFICER-IN-CHARGE, POLICE STATION, PAYAGALA AND OTHERS SC APPLICATION No. 471/2000

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On 12.6.2000 the deceased was arrested and kept in custody at the Payagala Police Station where he remained in custody until he was produced before the Magistrate on 17.06.2000 when he was remanded to prison. On 20.6.2000 the detenue died at the Remand Prison. There is prima facie evidence including medical evidence to the effect that the deceased was assaulted whilst in police custody and his death resulted by reason of such assault. A petition was filed on 18.7.2000 on behalf of the petitioner (the deceased detenue). On 23.8.2000 on…

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SRIYANI SILVA v IDDAMALGODA, OFFICER-IN-CHARGE, POLICE STATION PAIYAGALA AND OTHERS SC NO. 471/2000 (FR)

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The petitioner is the widow of an army deserter (deceased) against whom there was also an open warrant signed by the Magistrate for possession of illicit liquor and distilling equipment. On 12.06.2000 the 2nd respondent OIC (Crimes) Paiyagala Police Station, arrested the deserter and took him to the police station where he was detained until the 17th. The petitioner and deceased’s mother and sister stated that they visited the deceased on 12th, 13th, 14th and 15th and observed the deceased being assaulted and with serious injuries. The deceased also told…

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DAYARATHNA AND OTHERS v. MINISTER OF HEALTH AND INDIGENOUS MEDICINE AND OTHERS | 1999 1SLR 393

Editor

By notification in the Gazette dated 10.05.1996 the Ministry of Health called for applications from persons desirous of following a course of training leading to the award of the certificate of competency as Assistant Medical Officers. Fifteen petitioners who were eligible for enrolment to follow the course of training applied in response to the notification and sat a competitive examination conducted on 27.12.1996; and they were so placed on the results of the examination as to be qualified to follow the course of training. According to the scheme published in…

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PRIYANTHA DIAS v. EKANAYAKE, RESERVE POLICE CONSTABLE. POLICE STATION, POLPITHIGAMA AND OTHERS SC (APPLICATION) NO. 860/99

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The petitioner who is from Homagama was a teacher attached to the Kattamberiya Yaya Vidyalaya, Makulpotha. He was accompanied by the Principal of the school and was on the way to board a bus. At that stage the1st and 2nd respondent Reserve Police Constables came on a motor cycle and questioned the petitioner, including on his place of birth. When the petitioner replied that it was Batdcaloa they said that he must be a tiger and assaulted him despite the intervention of the Principal. They forcibly took the petitioner on…

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