Vithana Kuruppu Arachchige Anura vs Burns Trading Company (Pvt) Ltd. – CA PHC APN/49/2017-2017

In the case between Vithana Kuruppu Arachchige Anura, Municipal Commissioner, Colombo Municipal Council (Petitioner), and Burns Trading Company (Pvt) Ltd., Burns Environmental Technologies (Pvt) Ltd., among others (Respondents), the court addressed whether the Court of Appeal possesses revisionary jurisdiction to review a High Court order made under the Arbitration Act No. 11 of 1995, specifically concerning the denial of interim relief. It was held that Section 37(1) of the Arbitration Act ousts the revisionary jurisdiction of the Court of Appeal in such matters, reinforcing the principle that statutory limitations prevail over general constitutional powers where expressly provided. This decision relied on Articles 138 and 145 of the Constitution, relevant Supreme Court precedents, and th

REF: CA PHC APN/49/2017-2017 Category: Tag:
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