Greena Fernando v. Teckla Saparamadu – sllr 1990 volume 1 page 270

In the case between Greena Fernando (Plaintiff/Complainant-Respondent) and Teckla Saparamadu (Defendant/Original Appellant), the court addressed the issue of whether the Magistrate’s direction for the appellant to begin evidence under section 101(1) of the Code of Criminal Procedure Act, No. 15 of 1979, was in accordance with the statutory provisions. It was held that the Magistrate acted correctly in directing the appellant to commence evidence, distinguishing the procedures under Sri Lankan law from Indian practice. The decision reaffirmed the principle that the party contesting a conditional order must adduce evidence to establish its unreasonableness and impropriety. Relying on the express wording of section 101(1) and applicable statutory interpretation, it was emphasized that the sta