Girigoris Jansage Lesli Senadeera vs Commission to Investigate Allegations of Bribery or Corruption – CA NO 466/2017-2020

In the case between Girigoris Jansage Lesli Senadeera (Accused-Appellant) and the Commission to Investigate Allegations of Bribery or Corruption (Complainant-Respondent), the court addressed whether an appeal was fatally defective due to the appellant’s omission to name the Director General of the Commission as a respondent, and whether this defect could be rectified by amendment. It was held that procedural defects of this nature may be cured by amendment if no material prejudice is caused to the respondent, reaffirming that the continuation of litigation, without more, does not constitute such prejudice. The decision relied on Sections 331, 332, and 355 of the Code of Criminal Procedure Act and pertinent case law, emphasizing the principle that substantive justice should not be defeated

REF: CA NO 466/2017-2020 Category: Tag:
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