Maduwanwala vs Frederick – clr volume 2 page 162_1

In MADUWANWALA v. FREDERICK, a dispute arose between Maduwanwala (complainant, representing Crown forest interests) and Frederick (accused party) regarding alleged violations of the Forest Ordinance concerning reserved forest lands. The central issue concerned whether the act of “cutting” a reserved tree under section 40 of Ordinance No. 10 of 1885 included the act of felling and removing the tree, and whether the correct statutory provisions were applied, especially in light of the repeal of section 46. It was held that “cut” as found in section 40 referred only to the act of simply cutting, not felling or removing a tree; the charges failed because the evidence showed that the tree had been felled and removed, not merely cut. The relevant provisions of the Ordinance were scrutinized, lea