Jayasinghe Kodithuwakkulage Nuwan Patirana v. Sujith Harshana Manamperi Goonawardena and Tiran Dimuth Koralage – CA PHC 15/2016-2016

In the case between Jayasinghe Kodithuwakkulage Nuwan Patirana (1st Party Petitioner Respondent) and the Officer in Charge, Police Station, Rathnapura (Appellant Respondent Respondent), the court examined whether an appeal lies to the Court of Appeal from an order of the Provincial High Court refusing to issue notice in a revision application against a Magistrate’s order. It was held that such an order does not constitute a “final order” under Article 154P(6) of the Sri Lankan Constitution, precluding the right of appeal. The principle reaffirmed was that appellate review is limited to final determinations and not interlocutory procedural refusals. This decision relied on relevant constitutional provisions and the precedent set in Chettiar v. Chettiar, highlighting that only orders conclus

REF: CA PHC 15/2016-2016 Category: Tag:
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