අධිකරනයෙන් වැරදි තීන්දුවක්

warwickuni

Well-known member
  • May 21, 2008
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    , අධිකරනයෙන් වැරදි තීන්දුවක් දීල තියනව නම් මොකක් ද ? ඒ වෙනුවෙන් කරන්න පුලුවන් ???
    If it is wrong you can appeal.
    If the judgment is from Magistrate court the appeal is to High Court, If the decision is from District C - Civil Appellate Court If it is Court of Appeal decision it is Supreme Court.
    Unfortunately if is Supreme Court there is no place to appeal . That is why ex CJ SN Silva knowingly stopped investigation in to MR's helping hambantota fund , which was a clear violation of law. It was a wrong decision but could not do anything. Only Mr.S.N.Silva later, at public rally appologized to people for what he did (at least he did so and other just retire ) There are lot of wrong decisions by courts. Eg issuing an order to stop payment to bank on LC
     

    Mr Robot

    Well-known member
  • Oct 26, 2020
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    මොනර තැන්න
    If it is wrong you can appeal.
    If the judgment is from Magistrate court the appeal is to High Court, If the decision is from District C - Civil Appellate Court If it is Court of Appeal decision it is Supreme Court.
    Unfortunately if is Supreme Court there is no place to appeal . That is why ex CJ SN Silva knowingly stopped investigation in to MR's helping hambantota fund , which was a clear violation of law. It was a wrong decision but could not do anything. Only Mr.S.N.Silva later, at public rally appologized to people for what he did (at least he did so and other just retire ) There are lot of wrong decisions by courts. Eg issuing an order to stop payment to bank on LC
    thanks a lot
     

    sanjuprasad

    Well-known member
  • Feb 8, 2015
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    Roubaix,France
    Sri-Lanka-Law.jpg
     

    warwickuni

    Well-known member
  • May 21, 2008
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    Maha adikaranaye dammoth nam aye appeal karanna bane.
    Patta asadaranai
    High Court is little complex that is the reason I left it. Still it can be appealed depending on what is the case
    In sri lanka there are 4 types of high courts (the name is Provincial High Court in terms of Article 154p of Constitution)-appeal Court of Appeal
    1. High Court of Sri Lanka - this is a remnant of old provision till 1990 - Admiralty Cases only in Colombo(this is special jurisdiction )- Appeal to SC with leave
    2. Commercial High Court - again special jurisdiction relating to Commercial Mattters eg Copyright, Trademarks, Company Law etc
    3. Provincial High Court of (eg Western, Sothern, etc) may be situated in Kalutara, Pandora, etc but all belong to Western Province High Court- They have criminal jurisdiction eg Murder, rape, fraud , etc no civil jurisdiction but they have appellate power from Magistrate's court- Appeal to Court of Appeal
    4. Provincial Civil Appeal Courts (presided by two judges) this is a creation 2006 which allowed all District Court decisions to be appealed to this Provincial Civil Appeal Courts - This court only hears appeals and the appeal is to Supreme Court if Supreme Court grants leave for such an Appeal.

    In short all decisions can be appealed except Supreme Court decisions.
     

    warwickuni

    Well-known member
  • May 21, 2008
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    case eke hatiyata danne machn ranjage case eka gonu karaddi hira wenna gonu kara ekai une
    Yes . Normally SC cannot hear cases . But it can hear Presidential Election challenging decision or Contempt of Court Case for Supreme Court. This is what was done to SB too. He criticized SC determination regarding that said only president can be defense minister (again a wrong decision, commander in chief and minister of defense are two different things . Even in US commander in chief is president but there is a Sec of Defense (Minister under US) . Same with many countries where Commander in chief of three forces need not be minister of defense. But again SC decisions are rarely critically analyzed in Sri Lanka unlike in democracies ).
    But SB defamed SC under influence of liquor after soil tilling ceremony. Mr. Chandima Weerakkody MP ,made a complaint about SB's statement to SC with a video.. So a contempt of SC court was filed by AG and SB pleaded guilty. In Ranjan's case there was no SC decision so there was no contempt to SC. So another wrong decision . So the contempt of any other case needs to be dealt in Court of Appeal. I do not know weather this objection was taken. In any event his comment was not a contempt according to latest developments in UK . we apply uk law in this area but we are far behind. Contempt of court in UK is now restricted to disobeying of court order or misbehavior in court house only.(that is contempt in front of the judge).One can comment on decisions of the court in any manner they want without any restrictions and can 'scandalize' court (not the judge) and such actions are no contempt . We are always live in dark ages !
     
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