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CIVIL PROCEDURE CODE (AMENDMENT) ACT, No. 8 OF 2017

Posted by Sachira on July 05, 2017

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RELEASE OF A BOOK ON PREVENTION OF MONEY LAUNDERING AND A COMMENTARY ON THE PML ACT.

Posted by Sachira on July 04, 2017

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Caselaw on The State Lands (Recovery of Possession) Act

THE SUPERINTENDENT, STAFFORD ESTATE (2013 1 SLR 25) AND TWO OTHERS V. SOLAIMUTHU RASU SUPREME COURT MOHAN PIERIS, P.C. CJ, SRIPAVAN, J AND WANASUNDARA, P. C. J. S.C. APPEAL NO. 21/13 S.C. SPL LA 203/ 12 CA/PHC/ APPEAL NO. 37/2001 HC/CP/CERTI 42/97 JULY llTH 2013 AND JULY 17TH 2013 State Lands (Recovery of Possession) Act No.7 of 1979 - Application of the Act to all State lands - Unauthorized possession or occupation by any person of any state land deemed to be subject to the provisions of the Act - Writ Jurisdiction in respect of the State Lands (Recovery of Possession) Act- Powers conferred on the Provincial councils in exercising land powers and its limitations - Omne maus continent in seminus. The 2nd Petitioner, the Competent Authority, initiated proceedings in the Magistrate Court to recover a State Land in respect of an illegal occupation, in terms of the provisions of the State Land...

SOME IMPORTANT FEATURES REGARDING THE OFFENCES AGAINST PUBLIC PROPERTY ACT

1. Date of Enactment 25th March 1982. 2. Act No 12 of 1982 3. Amendments - Act No 76 of 1988 and Act No 28 of 1999. 4. Definition of Public Property in Section 12. 5. Bail - Section 8 - Bail can be granted by the MC only on exceptional circumstances if the value of the subject matter exceeds Rs.25000/- and if there is a certificate to such effect. 6. If Bail is refused apply by way of Revision to the HC. 7. The Revision Application must reveal exceptional circumstances generally required for a Revision Application and exceptional circumstances required for bail under the Act both. 8. Please comply with the SC Rules in making the application. IMPORTANT CASE LAW 1. Ram Kirpal Chakka v Union of India AIR 1955 Allahabad PG 468. 2. Kananke Dhammadinna v AG CA Application No 310/1992 decided on 21/05/1999. 3. Ravi Karunanayake v AG CA Revision 5/2004 Decided on 13/01/2005. 4. Ehelepola v OIC Kandy 1988 1 SLR 295. 5. Dingiri Banda V AG 1986 2 SLR 356 6. AG v...

DRAFTING OF AN ACCIDENT PLAINT - SALIENT POINTS TO REMEMBER

An accident is an actionable civil wrong. The substantive Law which gives a right for one to go to court in this instance is Law of Delict or Law of Tort. The cause of action arises under the defendants duty of care towards the users of the road. 1. Be mindful of the Tort of Negligence and the duty of care when you draft. 2. Jurisdiction is determined on the place of the accident. See section 9 of the CPC IDENTIFICATION OF THE PLAINTIFF 3. If the victim is a minor a next friend has to be appointed prior to the filing of the action. See Section 373 onwards of the CPC. 4. If the victim has died an immediate relative could file on the basis of dependency. 5. If the victim is an adult he himself can file the action. IDENTIFICATION OF THE DEFENDANT 6. Sometimes the vehicle may have been driven by the owner himself. He would be the sole Defendant. 7. If the vehicle was driven by an employee or an agent both have to be named as defendants. 8. If the vehicle is owned by a jurisdiction person s...

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