HON ATTORNEY GENERAL VS. M.G.R.MANOJ KUMARA & OTHER - HON. S. THURAIRAJA, P.C, J

• Jurisdiction: Sri Lanka
• Case Number: 2018SCOA13C2014Y
• Citation: 2018SCOA13C2014Y
• Date: 19 January 2018
• Court: Court of Appeal (Sri Lanka)
• Type of Document: Unreported judgment

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Hon Attorney General

Vs.

M.G.R.Manoj Kumara & other - Hon. S. Thurairaja, P.C, J

Court of Appeal Case No : CA HC/13/2014

Hon Attorney General.
Attorney General' s Department,
Colombo 12.

Petitioner
Vs.

1.M.G.R.Manoj Kumara,

2.W.Niroshan

Respondents

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BEFORE : S. DEVIKA DE L TENNEKOON, J. &
S. THURAIRAJA, PCJ.

COUNSEL : Anoopa de Silva SSC for the ComplainantAppellant
Saliya Pieris P.C. with Pasindu Thilakaratne for The Accused-Respondent.

ARGUED AND DECIDED ON : 19th January, 2018

S. THURAIRAJA, PCJ.

This matter is taken up for argument. Mr. Saliya Pieris, President's Counsel raises a preliminary objection at the very outset and submits that the appeal is contrary to Section 15 of the Judicature Act No.2 of 1978 and he submits that Section 15(a)(ii) is the operative section reads follows:-

"On a question of fact alone or on a question of mixed law and fact with leave of the Court of Appeal first had an obtained in a trial without a jury."

In this case, there is no leave obtained from the Court of Appeal. Therefore, the State cannot maintain this appeal and he submits a judgment of H/L Justice Ranjith Silva, in C.A. Appeal No. 210/2005 unreported decided on 26th of March 2010 where His Lordships have decided if there is no leave obtained, the appellant cannot maintain an appeal.

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Learned Senior State Counsel Ms. Anoopa de Silva...