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Special Notices

Notice No 28/2021

Ceremonial Sitting

 

A ceremonial Sitting of the Court of Appeal will be held at 9.30 am on Thursday 5th August 2021 in the Ceremonial Court of the Supreme Court (Court No. 501) to enable the Bar to welcome Honorable Justice K. Priyantha Fernando as the President of the Court of Appeal and Honorable Justice B. Sasi Mahendran as the Judge of the Court of Appeal. In terms of the COVID -19 Guidelines, participation shall be limited to 300 persons. Accordingly, only 25 President’s Counsel and 218 Attorneys-at-Law will have the opportunity of attending the Ceremonial Sitting. Those who wish to attend are kindly requested to inform the undersigned, on or before 30th July 2021 by email to registrarofca@gmail.com, 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.

 

P.V. Kindelpitiya

Acting Registrar of the Court of Appeal.

26TH July 2021

 

.........................................................................................................................

 

Notice No 27/2021

 

Sittings of the Court of Appeal from 7th July 2021.

 

1. This Notice is issued in addition to the Notice No. 26/2021 issued by Court of Appeal.

2. In keeping with the revised Health Guidelines, issued on 04/07/2021 by the Director General of Health Services, the Court of Appeal will hold its usual sittings from 7th July 2021. The day list of all such Cases, separated according to the relevant Court as per Notice No 21/2021 and the scheduled time shall be published time to time as usual in the website of the Court of Appeal.

3. All other cases that had been listed for ‘Argument’, ‘Support’, ‘Mention’ or

‘Judgment’ during the period between 6th May 2021 and 2nd July 2021 will be mentioned before respective divisions of the Court of Appeal on specific dates as mentioned below.

 

Original Date

Re-Scheduled date

6th May

7th July

7th May

8th July

10th May

9th July

11th May

12th July

12th May

13th July

13th May

14th July

17th May

15th July

18th May

16th July

19th May

19th July

20th May

20th July

21st May

26th July

24th May

27th July

25th May

28th July

28th May

29th July

31st May

30th July

1st June

2nd August

2nd June

3rd August

3rd June

4th August

4th June

5th August

7th June

6th August

8th June

23rd August

9th June

24th August

10th June

25th August

11th June

26th August

14th June

27th August

15th June

30th August

16th June

31st August

17th June

1st September

18th June

2nd September

21st June

3rd September

22nd June

6th September

23rd June

7th September

25th June

8th September

28th June

9th September

29th June

10th September

30th June

13th September

1st July

14th September

2nd July

15th September

 

4. Cases will be taken up in open courts on staggered basis as per the above case list and at the discretion of the presiding Judge. Hence Attorneys-at-Law are requested to enter court rooms only when their respective application / appeal is likely to be taken up.

5. All Attorneys-at-Law are requested to fully adhere to health guidelines issued by health authorities relating to the prevention of the spread of COVID-19.

6. Members of the public, prisoners or litigants will not be permitted to enter the Superior Courts Complex, unless permission has been obtained from the relevant presiding Judge.

7. In any event as per the health guidelines no more than 35% of the capacity will be accommodated in Superior Courts Complex or at any Court Room at any given time. Therefore, all the Counsel are requested to accommodate minimum required number of junior counsel per case inside the Court room.

 

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

Acting Registrar of the Court of Appeal

On this 5th day of July 2021

 

.........................................................................................................................

 

Notice No 26/2021

 

SITTINGS OF THE COURT OF APPEAL from 05th JULY 2021

 

1. The operative period of the Notices No’s 24/2021 and 25/2021, issued by the Court of Appeal, will be amended with immediate effect as mentioned below.

2. The said Notices No’s 24/2021 and 25/2021 will be operative only until 6th July 2021.

3. Accordingly, (i) the virtual hearings and

(ii) the sittings of the Court of Appeal for ‘urgent matters’

will be held as prescribed in the above mentioned two notices on 5th and 6th July 2021.

4. The Court of appeal will hold its usual sittings from 7th July 2021. The day list of all such Cases, separated according to the relevant Court as per CA Notice No 21/2021 and the scheduled time shall be published time to time as usual in the website of the Court of Appeal .

5. All other cases that had been listed for argument, support, mention or judgment during the period between 6th May 2021 to 2nd July 2021 will be mentioned before respective divisions of the Court of Appeal on specific dates and such dates and case numbers will be notified in due course.

 

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

Acting Registrar of the Court of Appeal

On this 4th day of July, 2021

 

.........................................................................................................................

 

Notice No 25/2021

 

SITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 05thJULY 2021 TO 09th JULY 2021

1) As a precautionary measure relating to Covid-19, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal during the period 05thJuly 2021 – 09th  July 2021 will not be heard/mentioned in open court as scheduled.

 

2) All such cases shall be mentioned via zoom (digital hearing) as per the court of appeal Notice No. 24/2021

 

3) Limited sittings on urgent matters other than cases Mentioned in paragraph 2 above, Commencing time will be mentioned in Daily list on each date, shall take place as specified below, in Court No. 204

 

Date

Nature of cases to be taken up

05thJuly 2021

Writ Applications

 

06thJuly 2021

Bail Applications

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

 

07thJuly 2021

 

Writ Applications

 

08th  July 2021

 

Criminal Application

 

09st  July 2021

 

ppeals and Revision applications from the Provincial High Court (Civil cases)  Writ Applications

 

 

4) A party who wishes to have a new application or a case that is scheduled between 05th July 2021 and 09th July 2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal at least one working day prior to the date specified in paragraph 3. All Attorneys-at-Law are requested to file their motions by an email to r egistrarofca@gmail.com A copy of the said notice shall be served on the Attorney-at-Law for the other party by electronic means.

 

5) Such cases will thereafter be listed for the date specified in paragraph 3. (e.g. Bail applications in respect of which motions have been filed will be taken up only on 06th  July 2021)

 

6) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent basis.

 

7) Litigants will not be permitted inside Court unless his/her presence is required by Counsel, and permission has been obtained from the presiding Justice.

 

8) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 02nd day of July, 2021

 

.........................................................................................................................

 

Notice No 24/2021

 

1. This notice is issued in addition to the Notice No. 23/2021 issued by the Court of Appeal on 26/06/2021.

 

2. All the cases which were fixed to be taken up

(i.) Between the period from 4th May 2021 to 10th May 2021 and

(ii) Between the period from 5th July 2021 to 9th July 2021

before all the respective divisions of the Court of Appeal will be mentioned on the respective dates as per the below mentioned table via Zoom (digital virtual hearing)

 

Scheduled Date for the virtual hearing

The Date that the case was originally fixed to be taken up in Court

5th July 2021

(i) 04.05.2021

(ii) 05.07.2021

6th July 2021

(i) 05.05.2021

(ii) 06.07.2021

7th July 2021

(i) 06.05.2021

(ii) 07.07.2021

8th July 2021

(i) 07.05.2021

(ii) 08.07.2021

9th July 2021

(i) 10.05.2021

(ii) 09.07.2021

 

3. The day list of all such Cases, separated according to the relevant Court as per CA Notice No 21/2021 and the scheduled time shall be published in the website of the Court of Appeal in due course along with the relevant Zoom link to each Court.

 

4. The other cases which were fixed from 11th May 2021 will also be taken up in a similar manner and the relevant dates for such digital hearings will also be published in due course upon necessity.

 

5. All the other provisions with regard to the functioning of digital virtual hearing, mentioned in the CA Notice No 23/2021 will continue to be applied for the above period from 5th July 2021 to 9th July 2021.

 

6. This scheme is implemented keeping in line with the health guide lines issued to public by Government. In the event the such guide lines are relaxed normal sittings will take place.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 01st day of July, 2021

 

.........................................................................................................................

 

Notice No 23/2021

 

  1. In accordance with the Court of Appeal (Electronic Filing and Urgent Digital Virtual Hearings) (Special Provisions) Rules, 2021 published in the Extraordinary Gazette 2216/08 dated 23rd February 2021, the Court of Appeal will conduct digital virtual hearing for the cases mentioned below via Zoom platform as a precautionary measure relating to the COVID19 pandemic. (Rules can be accessed at: http://documents.gov.lk/files/egz/2021/2/2216-08_E.pdf).
  2. The Court of Appeal has been holding its sittings open court only to hear a limited number of ‘urgent matters’ and to deliver judgements in certain cases due to the travel restrictions imposed since 03rd May 2021. Although the travel restrictions have been currently lifted, the Court will continue to entertain only a limited number of cases designated as urgent, in Open Court, in view of the guidelines issued by the Director General of Health Services.
  3. However, taking into account the amount of cases which are due to be re-fixed on fresh dates for several steps, the Court of Appeal, as an interim measure, will conduct digital virtual hearing as prescribed below in respect of the below mentioned cases, in order to ensure the effective functioning of the Court
    1. all the cases which were fixed to be taken up on 3rd May 2021 before all the Divisions of the Court of Appeal will be mentioned on 29th June 2021 via Zoom.
    2. those cases will be mentioned before the respective Division and will be refixed for an appropriate step on a suitable date
    3. (permission to allow an application other than for purpose of re-fixing a matter shall be at the discretion of the presiding Judge
    4. a daily list of all such cases, separated according to the relevant Court as per CA Notice No. 21/2021 and the scheduled time shall be published in the website of the Court of Appeal in due course along with the relevant Zoom link to each Court
  4. No person, other than the Justices, accredited staff and other permitted persons is authorized to enter the relevant Court Room while the digital hearing is in session.
  5. Relevant Attorneys at Law/parties to the case are required to join the hearing at least 30 minutes prior to the allocated commencement time of the respective Court’s Session. Please note that, once the Court is in session the administrator will not admit any Attorney-at-Law or any other person.
  6. Upon joining Zoom virtual sitting each Attorney-at-Law/person shall mark their appearance by submitting the following details to the stenographer who shall be the administrator for each session:
      • Case No
      • Representing party
      • Appearance of the Attorney-at-Law/Person
  7. The aforesaid Court of Appeal (Electronic Filing and Urgent Digital Virtual Hearings) (Special Provisions) rules will be applied to all the digital hearings and accordingly all parties are directed to strictly adhere such rules and also to maintain proper decorum at all times.
  8. During a digital virtual hearing all parties to the case shall keep the mic muted until their respective case is being taken up. Once their respective case is over, they may leave the Zoom session.
  9. Attorneys-at-Law/ parties who appear in person are further requested to extend their fullest support and co-operation to the Court staff, who may wish to verify the identity of the Attorney/ party, and/or to make any other directive or request for the better facilitation of the digital virtual hearing.
  10. Attorneys-at-Law are advised to be ready in advance with the dates convenient to the respective Counsel.
  11. After evaluating the effectiveness and the feasibility of the virtual proceedings on 29th June 2021, the cases which were fixed from 4th May to 25th June 2021 will also be taken up in a similar manner and the relevant dates for such digital hearings will also be published in due course.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 26 th day of June, 2021


.........................................................................................................................


Notice No. 22/ 2021

 

SITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 25thJUNE 2021 TO 02nd JULY 2021

 

1) As a precautionary measure relating to Covid-19  and as per the guidelines issued by the Director General of Health Services, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal during the period 25thJune 2021 – 02ndJuly 2021 will not be heard/mentioned as scheduled.

 

2) All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.

 

3) Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 303: to take up urgent matters

 

Date

Nature of cases to be taken up

25thJune 2021

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

 

28thJune 2021

Writ Applications

 

29thJune 2021

 

 

 

30th June 2021

 

01st July 2021

 

02nd July 2021

Bail Applications

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

 

Writ Applications

 

Criminal Appeals

 

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

 

Writ Applications

 

 

4) A party who wishes to have a new application or a case that is scheduled between 25th June 2021 and 2nd July  2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal at least one working day prior to the date specified in paragraph 3. All Attorneys-at-Law are requested to file their motions by an email to r egistrarofca@gmail.com. A copy of the said notice shall be served on the Attorney-at-Law for the other party by electronic means.

 

5) Such cases will thereafter be listed for the date specified in paragraph 3. (e.g. Bail applications in respect of which motions have been filed will be taken up only on 29thJune 2021)

 

6) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent basis.

 

7) Litigants will not be permitted inside Court unless his/her presence is required by Counsel, and permission has been obtained from the presiding Justice.

 

8) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 23rd day of June, 2021

 

.........................................................................................................................

 


Notice No. 20/ 2021


SITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 21st JUNE 2021 TO 23rd JUNE 2021

 

1) As a precautionary measure relating to Covid-19, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal during the period 21st June 2021 – 23rd June 2021 will not be heard/mentioned as scheduled.

 

2) All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.

 

3) Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 303:

 

Date

Nature of cases to be taken up

21st June 2021

Writ Applications

22nd June 2021

Bail Applications

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

23rd June 2021

Writ Applications

 

4) A party who wishes to have a new application or a case that is scheduled between 21st June 2021 and 23rd June 2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal at least one working day prior to the date specified in paragraph 3. All Attorneys-at-Law are requested to file their motions by an email to r egistrarofca@gmail.com. A copy of the said notice shall be served on the Attorney-at-Law for the other party by electronic means.

 

5) Such cases will thereafter be listed for the date specified in paragraph 3. (e.g. Bail applications in respect of which motions have been filed will be taken up only on 22ndJune 2021)

 

6) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent basis.

 

7) Litigants will not be permitted inside Court unless his/her presence is required by Counsel, and permission has been obtained from the presiding Justice.

 

8) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 18th day of June, 2021

 

.........................................................................................................................

 


Notice No. 19/ 2021

 

ITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 14TH JUNE 2021 TO 18TH JUNE 2021

 

1) As a precautionary measure relating to Covid-19, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal during the period 14th June 2021 – 18th June 2021 will not be heard/mentioned as scheduled.

 

2) All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.

 

3) Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 303:

 

Date

Nature of cases to be taken up

14th June 2021

Writ Applications

15th June 2021

Bail Applications

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

16th June 2021

Writ Applications

17th June 2021

Writ Applications

18th June 2021

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

Criminal Appeals

 

4) A party who wishes to have a new application or a case that is scheduled between 14th June 2021 and 18th June 2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal at least one working day prior to the date specified in paragraph 3. All Attorneys-at-Law are requested to file their motions by an email to r egistrarofca@gmail.com. A copy of the said notice shall be served on the Attorney-at-Law for the other party by electronic means.

 

5) Such cases will thereafter be listed for the date specified in paragraph 3. (e.g. Bail applications in respect of which motions have been filed will be taken up only on 15th June 2021)

 

6) Arrangements have been made to conduct the above proceedings in terms of the Court of Appeal (Electronic Filing and Urgent Digital Virtual Hearings) (Special Provisions) Rules, 2021 published in Extraordinary Gazette No. 2216/8 dated 23rd February 2021. A party who desires to make use of such facility shall make a request in the motion that is filed in terms of paragraph 4 of this Notice. The Registrar shall thereafter notify the parties of the time of the hearing and provide the parties with the link.

 

7) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent  basis.

 

8) Litigants will not be permitted inside Court unless his/her presence is required by Counsel, and permission has been obtained from the presiding Justice.

 

9) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 13th day of June, 2021

 

.........................................................................................................................

 

Notice No. 18/ 2021

 

S ITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 9TH JUNE 2021 TO 11TH JUNE 2021

 

 

1) As a precautionary measure relating to Covid-19, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal during the period 9th June 2021 – 11th June 2021 will not be heard/mentioned as scheduled.

 

2) All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.

 

3) Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 303:

 

Date

Nature of cases to be taken up

9th June 2021

Criminal Appeals

10th June 2021

Writ Applications

11th June 2021

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

 

4) A party who wishes to have a new application or a case that is scheduled between 9th June 2021 and 11th June 2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal at least one working day prior to the date specified in paragraph 3. All Attorneys-at-Law are requested to file their motions by an email to r egistrarofca@gmail.com. A copy of the said notice shall be served on the Attorney-at-Law for the other party by electronic means.

 

5) Such cases will thereafter be listed for the date specified in paragraph 3. (e.g. Writ applications in respect of which motions have been filed will be taken up only on 10th June 2021)

 

6) Arrangements have been made to conduct the above proceedings in terms of the Court of Appeal (Electronic Filing and Urgent Digital Virtual Hearings) (Special Provisions) Rules, 2021 published in Extraordinary Gazette No. 2216/8 dated 23rd February 2021. A party who desires to make use of such facility shall make a request in the motion that is filed in terms of paragraph 4 of this Notice. The Registrar shall thereafter notify the parties of the time of the hearing and provide the parties with the link.

 

7) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent  basis.

 

8) Litigants will not be permitted inside Court unless his/her presence is required by Counsel, and permission has been obtained from the presiding Justice.

 

9) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

 

10) The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

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

ACTING REGISTRAR OF THE COURT OF APPEAL

On this 8th day of June, 2021

 

.........................................................................................................................

 

Notice No. 17/ 2021

S ITTINGS OF THE COURT OF APPEAL DURING THE PERIOD 3RD JUNE 2021 TO 8TH JUNE 2021

 

1) As a precautionary measure relating to Covid-19, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal during the period 3rd June 2021 – 8th June 2021 will not be heard/mentioned as scheduled.

 

2) All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.

 

3) Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 301:

 

Date

Nature of cases to be taken up

3rd June 2021

Writ Applications

4th June 2021

Writ Applications

7th June 2021

Writ Applications

8th June 2021

Bail Applications

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

 

4) A party who wishes to have a new application or a case that is scheduled between 3rd June 2021 and 8th June 2021 taken up on the basis that there is an urgency, shall file a motion in the Registry of the Court of Appeal at least one working day prior to the date specified in paragraph 3. All Attorneys-at-Law are requested to file their motions by an email to r egistrarofca@gmail.com. A copy of the said notice shall be served on the Attorney-at-Law for the other party by electronic means.

 

5) Such cases will thereafter be listed for the date specified in paragraph 3. (e.g. Bail applications in respect of which motions have been filed will be taken up only on 8th June 2021)

 

6) Arrangements have been made to conduct the above proceedings in terms of the Court of Appeal (Electronic Filing and Urgent Digital Virtual Hearings) (Special Provisions) Rules, 2021 published in Extraordinary Gazette No. 2216/8 dated 23rd February 2021. A party who desires to make use of such facility shall make a request in the motion that is filed in terms of paragraph 4 of this Notice. The Registrar shall thereafter notify the parties of the time of the hearing and provide the parties with the link.

 

7) All interim orders and orders directing the Respondent/s to maintain the status quo issued by the Court of Appeal in any of the above cases shall stand extended until the next date of each such case. Any party affected by such extension shall file a motion with notice to the other party moving that such matter be taken up on an urgent  basis.

 

8) Litigants will not be permitted inside Court unless his/her presence is required by Counsel, and permission has been obtained from the presiding Justice.

 

9) All parties entering Court are requested to strictly maintain at all times, social distancing and strictly adhere to all Health Guidelines issued by the Ministry of Health relating to Covid-19.

 

10) The working hours of the Registry of the Court of Appeal during the above period will be from 9.00am to 1.00pm.

 

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

REGISTRAR OF THE COURT OF APPEAL

On this 2nd day of June, 2021

 

.........................................................................................................................

 

Notice No. 15/ 2021

 

SITTINGS OF THE COURT OF APPEAL ON
28TH MAY 2021, 31ST MAY 2021, 1ST JUNE 2021 AND 2ND JUNE 2021

  1. As a precautionary measure relating to Covid-19, all cases that are scheduled to be heard/mentioned before all Divisions of the Court of Appeal on 28th May 2021, 31st May 2021, 1st June 2021 and 2nd June 2021 will not be heard/mentioned as scheduled.
  2. All such cases shall be re-scheduled for the same purpose on a date which shall be notified in due course.
  3. Limited sittings of the Court of Appeal, commencing at 10.00am on each date, shall take place as specified below, in Court No. 301:

Date

Nature of cases to be taken up

28th May 2021

Writ Applications

Latest News

Notice No. 21/2021

CONSTITUTION OF BENCHES FROM 25th June 2021 ONWARDS

(A) The Constitution of Benches of the Court of Appeal from 25th June 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. This shall apply only to those matters which can be decided by single Judge. 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 19th day of June 2021
ACTING 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 Priyantha Fernando, PCA

Hon. Justice Sampath B. Abayakoon

  1. All High Court Criminal Appeals filed in 2019 and filed from 1 st January 2021 onwards
  2. Contempt of Court Applications
  3. Admiralty Cases
  4. Transfer applications
  5. Appeals under the Right to Information Act
  6. Expulsion cases
  7. Election Petition cases
  8. Any other matter not referred to in this Notice



107




Hon. Justice N. Bandula Karunaratne

Hon. Justice R. Gurusinghe


  1. High Court Criminal Appeals filed up to 31st December 2018 and in 2020, bearing odd numbers



302



Hon. Justice Dr. Ruwan Fernando

Hon. Justice M. Sampath K.B. Wijeratne


  1. Inland Revenue - Cases stated by the Tax Appeals Commission in 2017, 2018, 2019 and 2020.
  2. All Cases stated by the Tax Appeals Commission from 1 st January 2021.



110



Hon. Justice Devika Abeyratne

Hon. Justice P. Kumararatnam


  1. High Court Criminal Appeals filed up to 31st December 2018 and in 2020, bearing even numbers



303



Hon. Justice Sobhitha Rajakaruna

Hon. Justice Dhammika Ganepola


  1. Writ applications filed from 1st January 2021
  2. Writ applications filed in 2020, bearing odd numbers.



204



Hon. Justice Menaka Wijesundera

Hon. Justice Neil Iddawala


  1. Appeals and Revision applications from the Provincial High Court (Criminal cases)
  2. Bail applications
  3. Extradition Cases
  4. Leave to appeal applications (Criminal)
  5. MCR applications
  6. Criminal Miscellaneous applications



108



Hon. Justice D.N. Samarakoon

Hon. Justice B. Sasi Mahendran


  1. Inland Revenue - Cases stated by the Board of Review / Tax Appeals Commission and filed up to 2016
  2. Restitutio in Integrum applications



109



Hon. Justice Prasantha De Silva

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


  1. Appeals and Revision applications from the Provincial High Court (Civil cases)
  2. Land Acquisition Board of Review cases
  3. Leave to Appeal applications (Civil)
  4. Final Appeals from District Court Judgments – filed from 1 st January 2000 – 31st December 2002



206



Hon. Justice M.T. Mohammed Laffar

Hon. Justice S.U.B. Karaliyadda


  1. Writ applications filed in 2019
  2. Writ applications filed in 2020, bearing even numbers.
  3. Final Appeals from District Court Judgments – filed until 31st December 1998
  4. Appeals from the Wakfs Board



205



Hon. Justice Pradeep Kirthisinghe

Hon. Justice Mayadunne Corea



  1. Writ applications filed up to 31st December 2018
  2. Final Appeals from District Court filed in 1999

 

.......................................................................................................................

 

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

Re-scheduled Date

26th October 2020

19th January 2021

27th October 2020

20th January 2021

28th October 2020

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

09th February 2021

10th November 2020

10th February 2021

11th November 2020

11th February 2021

12th November 2020

12th February 2021

13th November 2020

15th February 2021

16th November 2020

16th February 2021

17th November 2020

17th February 2021

18th November 2020

18th February 2021

19th November 2020

19th February 2021

20th November 2020

22nd February 2021

23rd November 2020

23rd February 2021

24th November 2020

24th February 2021

25th November 2020

25th February 2021

26th November 2020

01st March 2021

27th November 2020

02nd March 2021

30th November 2020

03rd March 2021

01st December 2020

04th March 2021

02nd December 2020

05th March 2021

03rd December 2020

08th March 2021

04th December 2020

09th March 2021

07th December 2020

10th March 2021

08th December 2020

15th March 2021

09th December 2020

16th March 2021

10th December 2020

17th March 2021

11th December 2020

18th March 2021

14th December 2020

19th March 2021

15th December 2020

22nd March 2021

16th December 2020

23rd March 2021

17th December 2020

24th March 2021

18th December 2020

25th 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

24th August 2020

19th January 2021

28th August 2020

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

12th October 2020

12th February 2021

14th October 2020

15th February 2021

19th October 2020

16th February 2021

 

(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

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JUDGES OF THE COURT