Tag: human rights

KARUNADASA v. UNIQUE GEM STONES LTD., AND OTHERS| 1997 1SLR 256

Editor

The Commissioner of Labour (2nd respondent) acting on the recommendation of an Assistant Commissioner (3rd respondent) to whom he had delegated the power to hold an inquiry, as permitted by Section 11 of the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, held that the termination of services of the appellant workman was contrary to Section 2(1) of the Act and ordered his reinstatement with back wages. The 2nd respondent failed to give reasons for his decision, though requested by the 1st respondent employer. No material…

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PRIYANGANI V. NANAYAKKARA AND OTHERS | 1996 1SLR 399

Editor

Petitioner, a Primary school teacher completed a five year period at a school classified as a difficult school and applied for and obtained a transfer to a school close to her husband’s home in February 1995. On 29.06.95 she received a letter dated 13.06.95 issued by the 2nd Respondent the Director of Education of the Puttalam Zone of the North Western Province (NWP) transferring her back to the old difficult school with immediate effect. Also no travelling expenses were to be paid. Transfers within the NWP were governed by a…

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GUNARATNE AND OTHERS V. CEYLON PETROLEUM CORPORATION AND OTHERS | 1996 2SLR 315

Editor

For many years before 1994 the 1st Petitioner had – as an individual – a Dealership Agreement together with the requisite authority under section 5 E of the Ceylon Petroleum Corporation Act, No. 28 of 1961 as amended (by Act No. 5 of 1963) for running a filling station for the sale, supply and distribution of petroleum. The same filling station was taken over by the petitioners in partnership on a Dealership Agreement signed by the Petitioners on 23.3.94 and by 1st Respondent on 26.10.94 and the petitioners were granted…

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DISSANAYAKE, ATTORNEY-AT-LAW ON BEHALF OF K. M. LAL v. SUJEEWA, SUB INSPECTOR OF POLICE, MEETIYAGODA POLICE STATION AND OTHERS S.C. APPLICATION NO. 524/96

editor

At the time this application was filed the victim Lai was unconscious. Subsequently he tendered an affidavit. It was alleged that close to midnight on 02. 06. 1996 when he was sleeping in his house, the 1st respondent and other police officers arrived and arrested him. He was taken to the Meetiyagoda Police station. In the early hours 03. 06. 1996 the 1st respondent assaulted him with hands and feet and a club when he lost consciousness. Later that day the police admitted the victim to Batapola hospital. As per…

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RIFAIDEEN v. SUB-INSPECTOR OF POLICE JAYALATH, WELLAWATTE POLICE STATION AND OTHERS SC (SPL) NO. 71/96

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The petitioner who was 59 years old, was a “broker* by profession. He has averred that on 27.05.1996, the 1st respondent with some other police officers attached to the Police Station, Wellawatte, took him into custody while he was travelling from Panadura to Colombo. The petitioner alleges that he was taken to the Police Station and was assaulted by the 1st respondent at the instigation of the 2nd respondent. The allegation is that the petitioner was assaulted with sand filled S-lon pipes and he thereby sustained injuries to his head,…

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PRIYANKARA v. PC SISIRA KUMARA, POLICE STATION, PUTTALAM AND OTHERS SC APPLICATION NO 214/96 (SPL.)

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The petitioner was travelling in a Puttalam bound bus when a passenger boarded the bus with a lighted cigarette. When the conductor of the bus attempted to stop the smoking, the passenger retaliated by using obscene language. At that stage the petitioner intervened. Then also the passenger retaliated by using obscene language. When the bus reached the Puttalam bus stand the passenger challenged the petitioner. The petitioner attempted to escape but the passenger assaulted the petitioner repeatedly. Thereafter, the petitioner visited the Puttalam Police Station and complained to the OIC,…

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BENNETT RATHNAYAKE v. THE SRI LANKA RUPAVAHINI CORPORATION AND OTHERS | 199 2SLR 93

Editor

The petitioner produced a Sinhala telefilm entitled “Makara Vijithaya” at a cost, he said, of Rs. 2.3 million. The 1st respondent Corporation refused to telecast the petitioner’s telefilm during “prime time” for telefilms of that type, viz between 8.30 pm and 9.00 pm on Mondays, Tuesdays and Thursdays. The telefilm was reviewed on three occasions by different boards. On each occasion the decision was adverse to the petitioner. But he was not told who the members of the board were, how they had been appointed, what procedure they would follow,…

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NALIKA KUMUDINI, ATTORNEY-AT-LAW, (ON BEHALF OF MALSHA KUMARI) v. NIHAL MAHINDA, O.I.C. HUNGAMA POLICE AND OTHERS S.C. APPLICATION (F.R.) NO. 615/95

editor

Malsha Kumari a 14 year old girl was arrested at her house by police officers of the Hungama Police Station. She was questioned about the theft of a gold chain and assaulted by Police Officers both at the time of her arrest and at the Police Station. The 1st respondent, officer- in-charge of the Police Station, assaulted her with a hose-pipe and trampled her. Thereafter her hands were tied behind her back and she was hung on a tree with a rope. While she remained hung the 1st respondent beat…

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JAYAWARDENA v. DHARANI WIJAYATILAKE, SECRETARY, MINISTRY OF JUSTICE AND CONSTITUTIONAL AFFAIRS AND OTHERS| 2001 1SLR 32

Editor

The petitioner was an Inquirer into Sudden Deaths, Gampaha, appointed to that office by the then Minister of Justice by his letter dated 13.12.1993 for a period of 3 years from 01.12.1993. He complained that the 1st respondent (Secretary, Ministry of Justice) purported to cancel his appointment with effect from 31.05.1995 by a letter dated 26.5.1995 written by the Is1 respondent; that by another letter dated 26.5.1995 the l 31 respondent informed the 3rd respondent that the 2nd respondent (Minister of Justice) had appointed the 3rd respondent as the Inquirer…

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