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Notice No. 2/2021
CONSTITUTION OF BENCHES FROM 18TH JANUARY 2021 ONWARDS
(A) The Constitution of Benches of the Court of Appeal from 18th January 2021, which shall be operative until further notice, is set out in the Schedule hereof.
(B) In all matters, the Rules of the Court of Appeal shall be applied and followed in a uniform, consistent and fair manner.
(C) Once an argument commences, all Counsel shall endeavour to conclude oral submissions on the same day. However, if conclusion of the argument cannot be reached on the same day, further argument shall be fixed for a date within the shortest possible time, and if that is not possible, within the following three weeks, and not beyond.
(D) Where argument has been concluded and judgment has been reserved before a Bench of which one or more of the Judges has since been elevated to the Supreme Court, such matter shall be mentioned before the remaining Judge before whom that matter was argued. The remaining Judge shall inquire from the parties whether they wish to re-argue the matter or whether they would acquiesce with the remaining Judge pronouncing the judgment by himself. In the event of the parties indicating that they wish to re-argue the matter, such matter shall be referred directly to the Division of this Court which has been assigned the hearing of such matter in terms of this Notice.
(E) All partly heard matters will resume before the same Bench, on the date specified on the last date of hearing, at 1.30 p.m. in the Court Room in which the Presiding Judge of that Bench is sitting in terms of this Notice.
(F) Where a specially constituted Bench has been nominated to hear and determine a matter, and any one or more of the Judges of that Bench have been elevated to the Supreme Court, such matter shall be referred to the President of the Court of Appeal, who may refer such matter to the Division of this Court which has now been assigned the hearing of such matter in terms of this Notice, or who may nominate a special Bench to hear and conclude such matter.
(G) All other matters where a specially constituted Bench has been nominated shall be taken up before the same Bench, at 1.30 p.m. in the Court Room in which the Presiding Judge of that Bench is sitting in terms of this Notice.
On this 8th day of January 2021
REGISTRAR OF THE COURT OF APPEAL
By Order of the Hon. President of the Court of Appeal
SCHEDULE
Court Room No.
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Bench
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Nature of Work
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301
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Hon. Justice Arjuna Obeyesekere, PCA
Hon. Justice Mayadunne Corea
|
*Writ applications filed from 1st January 2021.
*Writ applications filed in 2020
*Writ applications filed in 2019 that are listed to be mentioned.
*Contempt of Court Applications
*Admiralty Cases
*Transfer applications
*Appeals under the Right to Information Act
*Expulsion cases
*Election Petition cases
*Any other matter not referred to in this Notice
|
107
|
Hon. Justice K. Priyantha Fernando
Hon. Justice Sampath B. Abayakoon
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*All High Court Criminal Appeals filed in 2019 and filed from 1st January 2021 onwards
*Writ applications filed from 1st January 2006 – 31st December 2009
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205
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Hon. Justice N. Bandula Karunaratne
Hon. Justice R. Gurusinghe
|
*High Court Criminal Appeals filed upto 31st December 2018 and in 2020, bearing odd numbers
|
302
|
Hon. Justice Ruwan Fernando
Hon. Justice M. Sampath K.B. Wijeratne
|
*Inland Revenue - Cases stated by the Tax Appeals Commission in 2017, 2018, 2019 and 2020.
*All Cases stated by the Tax Appeals Commission from 1st January 2021.
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110
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Hon. Justice Devika Abeyratne
Hon. Justice P. Kumararatnam
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*High Court Criminal Appeals filed upto 31st December 2018 and in 2020, bearing even numbers
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303
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Hon. Justice Sobhitha Rajakaruna
Hon. Justice Dhammika Ganepola
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*Writ applications filed in 2019 that have been listed / will be listed for argument
*Writ applications filed in 2019 that are listed for support.
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204
|
Hon. Justice Menaka Wijesundera
Hon. Justice Neil Iddawela
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/Appeals and Revision applications from the Provincial High Court (Criminal cases)
*Bail applications
*Extradition Cases
*Leave to appeal applications (Criminal)
*MCR applications
*Criminal Miscellaneous applications
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108
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Hon. Justice D.N. Samarakoon
Hon. Justice Pradeep Kirtisinghe
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*Inland Revenue - Cases stated by the Board of Review / Tax Appeals Commission and filed upto 2016
*Final Appeals from District Court Judgments – filed from 1st January 2000 – 31st December2002
*Restitutio in Integrum applications
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109
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Hon. Justice Prasantha De Silva
Hon. Justice S.U. B. Karaliyadda
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*Appeals and Revision applications from the Provincial High Court (Civil cases)
*Land Acquisition Board of Review cases
*Leave to Appeal applications (Civil)
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206
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Hon. Justice M.T. Mohammed Laffar
Hon. Justice K.K.A.V. Swarnadhipathi
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*Writ applications filed from 1st January 2010 until 31st December 2018
*Final Appeals from District Court Judgments – filed until 31st December 1999
*Appeals from the Wakfs Board
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Notice No. 3/2021
(A) Following the lockdown imposed within the Police Division of Keselwatte from 26th October 2020, the Court of Appeal did not function until the restriction was relaxed on 16th November 2020. Even after recommencement, the Court of Appeal only sat to hear cases designated as urgent by parties and to deliver judgments. All other cases that had been listed for argument, support, mention or judgment however were not taken up due to the lockdown.
(B) With the lifting of the lockdown on 4th January 2021, it is now possible to reschedule those cases that had been fixed for argument, support, mention or judgment during the period 26th October 2020 – 18th December 2020 but which have so far not been taken up on any other date. The practice adopted in the past has been to mention such cases on a date before the appropriate Division, and re-fix cases on dates convenient to Court and Counsel. However, the said course of action would consume a fair amount of judicial time, and prevent argument and support matters being taken up during the first term of 2021.
(C) Hence, given the extraordinary situation that has arisen, the following procedure would be adopted in respect of all cases that were scheduled to be taken up during the period 26th October 2020 – 18th December 2020, but which have not been taken up during that period.
(C1) All cases fixed for a particular date shall be taken up for the same purpose on another date (the Re-scheduled Date), before the appropriate Division (the New Division), set out in the Schedule to Notice No. 2/2021.
(a) For example, CA (Writ) Application No. 166/2018 which was to be mentioned before Court No. 301 on 26th October 2020 shall now be mentioned on 19th January 2021 before Court No. 206, which is the Division of this Court assigned with the hearing of Writ Applications filed in 2018.
(b) Similarly, CA (Writ) Application No. 227/15 which had been fixed for argument before Court No. 206 on 26th October 2020 will stand fixed for argument on 19th January 2021 and will be taken up for argument before Court No. 206, which is the Division of this Court assigned with the hearing of Writ Applications filed in 2015.
(C2) However, if the Re-scheduled Date of a case fixed for argument is not convenient to Counsel, the Instructing Attorney / Counsel of such party shall contact the Instructing Attorney / Counsel appearing for the opposing party, agree on a date for argument convenient to both Counsel, preferably within the First Term of 2021, and email to the Deputy Registrar at priyandike@gmail.com a motion containing the agreed date, on or before 18th January 2021. All such cases shall thereafter be listed for argument on the date agreed by the Instructing Attorneys / Counsel. In the event the Instructing Attorneys / Counsel are unable to reach agreement, a motion shall be filed to that effect and such case shall be mentioned on the Re-scheduled Date.
(C3) If any party wishes to have a case mentioned, for whatever reason, prior to the Re-scheduled Date, the Instructing Attorney of such party shall file a motion with notice to the other party, moving that the said matter be mentioned in the appropriate Court on a date five working days after the date of filing of the motion.
(D) The original date and the corresponding Re-scheduled Date are as follows:
Original Date
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Re-scheduled Date
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26th October 2020
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19th January 2021
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27th October 2020
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20th January 2021
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28th October 2020
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21st January 2021
|
29th October 2020
|
22nd January 2021
|
02nd November 2020
|
27th January 2021
|
03rd November 2020
|
01st February 2021
|
04th November 2020
|
02nd February 2021
|
05th November 2020
|
03rd February 2021
|
06th November 2020
|
08th February 2021
|
09th November 2020
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09th February 2021
|
10th November 2020
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10th February 2021
|
11th November 2020
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11th February 2021
|
12th November 2020
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12th February 2021
|
13th November 2020
|
15th February 2021
|
16th November 2020
|
16th February 2021
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17th November 2020
|
17th February 2021
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18th November 2020
|
18th February 2021
|
19th November 2020
|
19th February 2021
|
20th November 2020
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22nd February 2021
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23rd November 2020
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23rd February 2021
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24th November 2020
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24th February 2021
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25th November 2020
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25th February 2021
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26th November 2020
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01st March 2021
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27th November 2020
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02nd March 2021
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30th November 2020
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03rd March 2021
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01st December 2020
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04th March 2021
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02nd December 2020
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05th March 2021
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03rd December 2020
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08th March 2021
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04th December 2020
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09th March 2021
|
07th December 2020
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10th March 2021
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08th December 2020
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15th March 2021
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09th December 2020
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16th March 2021
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10th December 2020
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17th March 2021
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11th December 2020
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18th March 2021
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14th December 2020
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19th March 2021
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15th December 2020
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22nd March 2021
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16th December 2020
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23rd March 2021
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17th December 2020
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24th March 2021
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18th December 2020
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25th March 2021
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(E) In addition to the above, the cases that were scheduled to be mentioned before Court No. 205 will be mentioned in the New Division on the following dates:
Original Date
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Next date
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24th August 2020
|
19th January 2021
|
28th August 2020
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20th January 2021
|
02nd September 2020
|
21st January 2021
|
04th September 2020
|
22nd January 2021
|
08th September 2020
|
27th January 2021
|
14th September 2020
|
01st February 2021
|
16th September 2020
|
02nd February 2021
|
17th September 2020
|
03rd February 2021
|
18th September 2020
|
08th February 2021
|
28th September 2020
|
09th February 2021
|
05th October 2020
|
10th February 2021
|
07th October 2020
|
11th February 2021
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12th October 2020
|
12th February 2021
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14th October 2020
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15th February 2021
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19th October 2020
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16th February 2021
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(F) All cases where no date has been fixed will be mentioned in Court No. 301 on 1st February 2021. A notice containing a list of such cases shall be published in the website of the Court of Appeal in due course.
By Order of the Hon. President of the Court of Appeal
REGISTRAR OF THE COURT OF APPEAL
On this 8th day of January 2021