අධිකරනයෙන් වැරදි තීන්දුවක්

IMMuhandiram

Well-known member
  • Feb 6, 2012
    10,862
    11,161
    113
    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
    Great
     

    nalinpr

    Well-known member
  • May 22, 2011
    328
    581
    93
    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
    I think, parliament has power to alter supreme court decisions.

    If you remember, supreme court declared that impeachment against Ex CJ Shirani Bandaranaike was unconstitutional. However parliament did not take it to its consideration.
     
    Last edited:

    warwickuni

    Well-known member
  • May 21, 2008
    4,371
    1
    4,073
    113
    I think, parliament has power to alter supreme court decisions.

    If you remember, supreme court declared that impeachment against Ex CJ Shirani Bandaranaike was unconstitutional. However parliament did not take it to its consideration.
    Sorry it is wrong. Parliament cannot hear an appeal from SC decision. The final appeal is SC and matter ends there. There were few applications where it had gone wrong to Review with Full Bench , but so far such applications were rejected without considering merits. So in simple terms once SC decides the matter ends there. (there are few exceptions to this which I refrain due to complexity if one is interested can study LMSL divesture case where then CJ (S.N.Silva J) made glaring 'blunders' so some additional orders were made but this was done in the guise of 'clarification' of judgment . If you cant understand just forget that part. Even most lawyers will not know /understand this as there was no law to do such things. A research topic for aspiring academic ! (In SL it is very rare to find such work of research and that is also one reason that courts deliberately make wrong decisions eg Recent injuction granted against a bank , not to pay money on LC which was clear and unconditional.

    SC and Paliament, both do not interfere with their decisions . Parliament also has power to hear a case of violation their privileges and can even punish! No appeal from such decision .
    But parliament can pass a law that can nullify the effect of a judgment. This happens prospectively not retrospectively. So normally there will not be an effect to that case or parties. But in future the effect of judgment will not be valid. (Complex ?!)
    eg Though there are lot of wrong judgments very rarely this happens the most recent being amendment brought regarding Gifts in REVOCATION OF IRREVOCABLE DEEDS OF GIFT ON THE GROUND OF GROSS INGRATITUDE ACT, No. 5 OF 2017 this was to correct a wrong decision, that created havoc in financial instructions who were not a party to that action. But unfortunately parties to wrong decision was not affected by this legislation! This happens due to heavy lobby , not by the parties to judgment but others who will also be affected by the said decision in future. So future application can be nullified. Hope you got it.
    Ps
    SC has no power regarding impeachment of CJ. What happened in this case was lawyers for ex CJ S.B filed a writ application challenging certain irregularities in the process of impeachment (eg charges, process followed etc) . Since Writ was filed in Court of Appeal and impeachment is a constitutional matter CA referred interpretation of a provision to SC. SC gave their deicsion regarding interpretation and send the case back to CA which granted writ quashing impechment process from the begining. But parliament did not heed to this decision and took a vote and ex-CJ was removed. This is legal as speaker is not bond to take court decisions.
    In contrast if a Bill is referred to SC for determination of constitutionally as an urgent bill the parliament changes the bill accordingly, A Bill can also be challenged before passed in to law by parliament such decisions of SC followed by parliament before law is passed eg Port City Bill
     
    Last edited:
    • Like
    Reactions: nalinpr

    speedmalli

    Well-known member
  • Nov 22, 2011
    21,598
    17,668
    113
    Auckland
    , අධිකරනයෙන් වැරදි තීන්දුවක් දීල තියනව නම් මොකක් ද ? ඒ වෙනුවෙන් කරන්න පුලුවන් ???
    අධිකරනය වැරදි තීන්දු දෙන්නෙ නෑ. නඩු කාරයා කියන එක තමා හරි. ඌ කියන එක පිලිගන්න බෑ කිවොත් ඉතින් ඌ උබට දාවි අල්ලලා ඇතුලට ඌට අපහාස කරා කියල.

    ලංකාවෙ නීතිය කියන්නෙ පට්ට විහිලුවක් සහෝ. උබට සල්ලි වියදම් කරන්න පුලුවන් නම් නඩු කාරයාට ගහන්න සුපිරි බඩු සෙට් කරල දෙන්න පුලුවන් නම් ඔන්න ඉතින් නිතිය නැමෙන්න චාන්ස් තියනව.

    එහෙමත් නැත්තම් උබ ලොහාන් වගේ පොරක් නම් නිදොස් කොට නිදහස් වෙලා අධිකරණ ඇමතිත් වෙන්න පුලුවන් විදියෙ ඩයල් එකක් නම් හරි
     

    Mr Robot

    Well-known member
  • Oct 26, 2020
    2,387
    3,703
    113
    මොනර තැන්න
    ලංකාවෙ නීතිය කියන්නෙ පට්ට විහිලුවක් සහෝ. උබට සල්ලි වියදම් කරන්න පුලුවන් නම් නඩු කාරයාට ගහන්න සුපිරි බඩු සෙට් කරල දෙන්න පුලුවන් නම් ඔන්න ඉතින් නිතිය නැමෙන්න චාන්ස් තියනව.
    ඔව් බන් මේ රටවල් එපා වෙනව ඔක්කම සාකෂි තහවුරු කරල තියෙද්දි තීන්දුව අනිත් පැත්තට දුන්න