Court of Appeal of Sri Lanka

Special Notices

Notice No. 11/2021

1) In view of 12^th April 2021 being declared as a Public Holiday, Case No. RII-0007-21 which was scheduled to be mentioned in Court No. 108 will be mentioned before the same Division of this Court on 21^st April 2021, at 10.00a.m.

2) The interim order issued in the said Case shall stand extended until 22^nd April 2021.

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 12^th day of April, 2021

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Notice No. 10/2021

Re-scheduled times of commencement of proceedings of the Court of Appeal on 23^rd March 2021 and 24^th March 2021

In view of the Ceremonial Sitting of the Court of Appeal to be held on 23^rd March 2021 and 24^th March 2021 at 9.00 a.m. in Court No. 501, the regular proceedings:

(a) Before all Divisions of the Court of Appeal, except Court No. 108 Court will commence at 11.30 on 23^rd March 2021.

(b) Before all Divisions of the Court of Appeal will commence at 11.30 on 24^th March 2021.

All cases listed in Court No. 108 on 23^rd March 2021 will be mentioned in Court No. 108 on 24^th March 2021.

By Order of the Hon. President of the Court of Appeal

REGISTRAR OF THE COURT OF APPEAL

On this 22^nd day of March 2021

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A Ceremonial Sitting of the Court of Appeal will be held at 9 a.m. on Tuesday 23^rd March 2021 in the Ceremonial Court of the Supreme Court (Court No. 501) to enable the Bar to welcome Honourable Justice Arjuna Sanjay Obeyesekere as the President of the Court of Appeal and the following Judges as Judges of the Court of Appeal:

1. Hon.Justice Menaka Wijesundera

2. Hon.Justice Dushmantha Nihal Samarakoon

3. Hon.Justice Mahanil Prasantha De Silva

4. Hon.Justice Mohamed Thahir Mohamed Laffar

5. Hon.Justice Chitranga Pradeep Kirtisinghe

6. Hon.Justice Sampath Bandara Abayakoon

7. Hon.Justice Mohottalalage Sampath Kapila Bandara Wijeratne

A Ceremonial Sitting of the Court of Appeal will be held at 9 a.m. on Wednesday 24^th March 2021 in the Ceremonial Court of the Supreme Court (Court No. 501) to enable the Bar to welcome the following Judges as Judges of the Court of Appeal:

1. Hon.Justice S. U. B. Karralliyadde

2. Hon.Justice Ratnapriya Gurusinghe

3. Hon.Justice Ganepola Achchige Dhammika Ganepola

4. Hon.Justice Kurupuge Khema Anne Vydurya Swarnadhipathi

5. Hon.Justice Mayadunne Corea

6. Hon.Justice Prabaharan Kumararatnam

7. Hon.Justice Wijesundara Mudiyanselage Neil Parakkama Iddawala

In terms of the COVID-19 Guidelines, participation shall be limited to 350 persons. Accordingly, only 25 President’s Counsel and 140 Attorneys-at-Law will have the opportunity of attending each Ceremonial Sitting. Those who wish to attend are kindly requested to inform the undersigned, on or before 19^th March 2021 by email to registrarofca@gmail.com, indicating which of the two ceremonial sittings they wish to attend. Each request shall be accompanied by the full name, address and contact number of the President’s Counsel or Attorney-at-Law who wish to attend.

Sanath Pinnaduwa

REGISTRAR OF THE COURT OF APPEAL

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All mention matters listed before Hon. Arjuna Obeyesekere, J, President of the Court of Appeal and Hon. Mayadunne Corea, J in Court No. 301 will be taken up at 9.30 a.m . from 18th January 2021 until further notice. Upon conclusion of the mention list, the Court will adjourn for 10 minutes. All other matters listed in Court No. 301 will only be taken up after such adjournment, or at 10.00 am, whichever is later. In view of the COVID-19 Guidelines, Attorneys-at-law appearing in such other matters are requested to refrain from being present in Court until the conclusion of the mention list.
All matters listed before Hon. Menaka Wijesundera, J and Hon. Niellddawela, J in Court No. 204 will be taken up at 9. 30a.m. from 18th January 2021 until further notice.
All matters listed before Hon. M. Prasantha De Silva, J and Hon. S.U. B. Karaliyadda, J in Court No. 109 will be taken up before Hon. M. Prasantha De Silva, J and Hon. S.U. B. Karaliyadda, J at 12.30 p.m in Court No. 204, from 18th January 2021 until further.

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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 18^th 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.

Bench

Nature of Work

301

Hon. Justice Arjuna Obeyesekere, PCA

Hon. Justice Mayadunne Corea

*Writ applications filed from 1^stJanuary 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

*All High Court Criminal Appeals filed in 2019 and filed from 1^st January 2021 onwards

*Writ applications filed from 1^st January 2006 – 31^st December 2009

205

Hon. Justice N. Bandula Karunaratne

Hon. Justice R. Gurusinghe

*High Court Criminal Appeals filed upto 31^st 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 1^stJanuary 2021.

110

Hon. Justice Devika Abeyratne

Hon. Justice P. Kumararatnam

*High Court Criminal Appeals filed upto 31^st December 2018 and in 2020, bearing even numbers

303

Hon. Justice Sobhitha Rajakaruna

Hon. Justice Dhammika Ganepola

*Writ applications filed in 2019 that have been listed / will be listed for argument

*Writ applications filed in 2019 that are listed for support.

204

Hon. Justice Menaka Wijesundera

Hon. Justice Neil Iddawela

/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

108

Hon. Justice D.N. Samarakoon

Hon. Justice Pradeep Kirtisinghe

*Inland Revenue - Cases stated by the Board of Review / Tax Appeals Commission and filed upto 2016

*Final Appeals from District Court Judgments – filed from 1^st January 2000 – 31^st December2002

*Restitutio in Integrum applications

109

Hon. Justice Prasantha De Silva

Hon. Justice S.U. B. Karaliyadda

*Appeals and Revision applications from the Provincial High Court (Civil cases)

*Land Acquisition Board of Review cases

*Leave to Appeal applications (Civil)

206

Hon. Justice M.T. Mohammed Laffar

Hon. Justice K.K.A.V. Swarnadhipathi

*Writ applications filed from 1^st January 2010 until 31^st December 2018

*Final Appeals from District Court Judgments – filed until 31^st December 1999

*Appeals from the Wakfs Board

Notice No. 3/2021

(A) Following the lockdown imposed within the Police Division of Keselwatte from 26^th October 2020, the Court of Appeal did not function until the restriction was relaxed on 16^th 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 4^th January 2021, it is now possible to reschedule those cases that had been fixed for argument, support, mention or judgment during the period 26^th October 2020 – 18^th 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 26^th October 2020 – 18^th 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 26^th October 2020 shall now be mentioned on 19^th 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 26^th October 2020 will stand fixed for argument on 19^th 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 18^th 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	Re-scheduled Date
26^th October 2020	19^th January 2021
27^th October 2020	20^th January 2021
28^th October 2020	21^st January 2021
29^th October 2020	22^nd January 2021
02^nd November 2020	27^th January 2021
03^rd November 2020	01^st February 2021
04^th November 2020	02^nd February 2021
05^th November 2020	03^rd February 2021
06^th November 2020	08^th February 2021
09^th November 2020	09^th February 2021
10^th November 2020	10^th February 2021
11^th November 2020	11^th February 2021
12^th November 2020	12^th February 2021
13^th November 2020	15^th February 2021
16^th November 2020	16^th February 2021
17^th November 2020	17^th February 2021
18^th November 2020	18^th February 2021
19^th November 2020	19^th February 2021
20^th November 2020	22^nd February 2021
23^rd November 2020	23^rd February 2021
24^th November 2020	24^th February 2021
25^th November 2020	25^th February 2021
26^th November 2020	01^st March 2021
27^th November 2020	02^nd March 2021
30^th November 2020	03^rd March 2021
01^st December 2020	04^th March 2021
02^nd December 2020	05^th March 2021
03^rd December 2020	08^th March 2021
04^th December 2020	09^th March 2021
07^th December 2020	10^th March 2021
08^th December 2020	15^th March 2021
09^th December 2020	16^th March 2021
10^th December 2020	17^th March 2021
11^th December 2020	18^th March 2021
14^th December 2020	19^th March 2021
15^th December 2020	22^nd March 2021
16^th December 2020	23^rd March 2021
17^th December 2020	24^th March 2021
18^th December 2020	25^th March 2021

(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	Next date
24^th August 2020	19^th January 2021
28^th August 2020	20^th January 2021
02^nd September 2020	21^st January 2021
04^th September 2020	22^nd January 2021
08^th September 2020	27^th January 2021
14^th September 2020	01^st February 2021
16^th September 2020	02^nd February 2021
17^th September 2020	03^rd February 2021
18^th September 2020	08^th February 2021
28^th September 2020	09^th February 2021
05^th October 2020	10^th February 2021
07^th October 2020	11^th February 2021
12^th October 2020	12^th February 2021
14^th October 2020	15^th February 2021
19^th October 2020	16^th February 2021

(F) All cases where no date has been fixed will be mentioned in Court No. 301 on 1^st 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

JUDGES OF THE COURT

JURISDICTION OF THE COURT

Subject to the provisions of the Constitution and of any law, the Court is vested with the following jurisdiction –
Appeals from the High Court in the exercise of its appellate or original* jurisdiction (Article 139)
Appeals from any court of first instance and any tribunal or other institution. Sole and exclusive cognizance by way of appeal, revision and restitution
Power and authority to inspect and examine records of any court of first instance (Article 145)
Jurisdiction to grant and issue according to law, writs of certiorari, prohibition, procedendo, mandamus and quo warranto (Article 140) other than matters relating to the exercise of the powers of the Elections Commission established under Article 103 of the Constitution (as amended by the 17th Amendment)
Jurisdiction to grant and issue writs of habeas corpus (Article 141). Jurisdiction to grant Injunctions (Article 143)
Jurisdiction to try election petitions in respect of the election of Members of Parliament (Article 144)
*Appeals from judgments, sentences and orders pronounced at a High Court Trial at Bar lie direct to the Supreme Court by virtue of the Code of Criminal Procedure (Amendment) Act, No. 21 of 1988