The petitioners’ sister was the lessee of shop No. 2 Dehlwala Market belonging to the Dehlwala – Mt. Lavlnla Municipal Council. The lessee was carrying on a grocery business In the premises. As the lessee was old and feeble, the p e titio n er a ssiste d h er to continue w ith the b u sin ess. T he 5 th re sp o n d e n t the M ayor o f the C ouncil is said to have decided to b u ild a new…
Read MoreCategory: Supreme court
KARUNATHILAKA AND ANOTHER v. DAYANANDA DISSANAYAKE, COMMISSIONER OF ELECTIONS AND OTHERS | 1999 1SLR 157
The period of office of the Central, Uva, North-Central, Western and Sabaragamuwa Provincial Councils came to an end in June, 1998. The Commissioner of Elections (the 1st respondent) fixed the nomination period in terms of section 10 of the Provincial Councils Elections Act, No. 2 of 1988. After the receipt of nominations which concluded on 15.07.1998 each returning officer fixed 28.8.98 as the date of the poll by a notice under section 22 (1) of the Act. The issue of postal ballot papers in terms of section 24 of the…
Read MoreWIJENAYAKE AND OTHERS v. AMERASENA AND OTHERS SC (FR) 290/98
The Petitioners allege that a Police party entered the “Guesthouse” and caused a search to be made. The Petitioners also allege that they were brutally assaulted. The Petitioners were also charged under the Brothels Ordinance, in the Magistrate’s Court, and all the Petitioners were acquitted after trial. The State will pay the Petitioners Rs. 25,000/- as compensation and costs. The three Petitioners will therefore be entitled to a sum of Rs. 150,000/- from the 1st to the 7th Respondents as compensation and a sum of Rs. 25,000/- from the State…
Read MoreSUBASINGHE v. POLICE CONSTABLE SANDUN AND OTHERS | 199 2SLR 23
On 26.11.1996 the petitioner made a complaint to the 3rd respondent (OIC, Dankotuwa Police) regarding a commercial transaction. On the evening of that day, the 1st respondent police constable met the petitioner at the Dankotuwa Public Market and threatened to teach him a “good lesson”. The next day, the 1st respondent and another police officer (the 2nd respondent) arrested the petitioner at the Dankotuwa Public Market and took him to the police station. Thereafter the 1st respondent assaulted the petitioner with hands, kicked him and also beat him with a…
Read MorePREMARATNE v. UNIVERSITY GRANTS COMMISSION AND OTHERS | 1998 3SLR 395
The petitioner had been admitted at first to the University of Sri Jayawardenapura on the result of the GCE ‘A’ Level examination 1978, and had followed a course in Biological Sciences. The Petitioner had sat again for the GCE ‘A’ Level 1979, and was informed that she was qualified to be admitted to the Faculty of Medicine. In her application in 1981 for admission the petitioner had made a declaration that she had not been previously registered to follow a course of study in any other University. This declaration had…
Read MoreJAYASINGHE v. SUB INSPECTOR OF POLICE, JAYAKODY AND OTHERS S.C. APPLICATION NO. 66/97
The petitioner was arrested by a Sub Inspector of Police on 22.12.1996 for alleged attempt to rob a motor bicycle; but the petitioner was not informed of the reason for the arrest. The Sub Inspector threatened the petitioner with a pistol and ordered a police constable to remove him to the Marawila Police Station. At the police station, the petitioner was handcuffed after which he was slapped by the Officer in Charge of the Police Station. Thereafter, the petitioner was stripped, hung on a beam on the orders of the…
Read MoreWICKREMATUNGA v. ANURUDDHA RATWATTE AND OTHERS |1998 1 SLR 201
The petitioner was a “Dealer” in petroleum products appointed by the 2nd respondent Ceylon Petroleum Corporation subject to terms and conditions contained in an agreement made on 16.3.1988. He was carrying on business at the Lanka Filling Station, Narahenpita. According to the petitioner, on 12.1.1996 agents of the Corporation arrived at the Riling Station and ordered the employees of the petitioner to leave the premises. On hearing about it, the petitioner visited the Riling Station when he was served with a letter stating that his appointment as a Dealer had…
Read MoreSURANGANIE MARAPANA v. THE BANK OF CEYLON AND OTHERS | 1997 3SLR 156
The petitioner had an unblemished record of 25 years of service at the Bank of Ceylon. She was fully qualified and had received special training in Banking Law and practice and allied subjects in London, Italy and Singapore. She was the Chief Legal Office of the Bank from 1.11.88 during which period she had enhanced the efficiency and streamlined the functions of the Legal Department. As she was to reach the age of 55 years on 27.11.96 she applied to the Bank on 25.5.96 for an extention of service for…
Read MoreDISSANAYAKE v. PREMARATNE, INSPECTOR OF POLICE, NUWARA-ELIYA S.C. (SPECIAL) NO. 117/97 WITH S.C. APPLICATION NO. 858/97
On a message sent by the Police, the petitioner called over at the Nuwara-Eliya Police Station at about 3 p.m. on 8.5.1997 with his wife, petitioner in S.C. Application No. 858/97. They were detained at the Police Station until 5.30 p.m. on 9.5.1997 without being produced before a Magistrate when they were released on Police bail. The 1st respondent Inspector of Police and the 2nd, 4th and 5th respondents who were subordinate officers subjected the petitioner to torture on both days. His hands and feet were tied together. A pole…
Read MoreSMITHKLINE BEECHAM BIOLOGICALS S.A. AND ANOTHER v. STATE PHARMACEUTICAL CORPORATION OF SRI LANKA AND OTHERS | 1997 3SLR 20
Offers were invited worldwide by the State Pharmaceutical Corporation on behalf of the Director of Health Services for the supply of Rubella Viral Vaccine. There were five offers. Of them, SmithKIine Beecham Biologicals S.A. Belgium (fourth lowest tenderer) was the only person who had made a responsive bid conforming with the tender document at the relevant date. In particular, its product had been registered with the Cosmetic Devises and Drugs Authority of Sri Lanka, which was a requirement of the tender conditions. It was also a past supplier; and there…
Read More