Rubert Appuhamy vs Kesbewa Pradeshiya Sabawa and Others – sllr 2007 volume 1 page 001

In the case between Rubert Appuhamy (the 3rd defendant and complainant) and Kesbewa Pradeshiya Sabawa and others (respondent-respondents, including the accused), the court addressed whether written sanction from the Attorney-General is mandatory for filing an appeal against an acquittal in contempt proceedings. It was held that the procedural requirement under section 318 of the Criminal Procedure Code Act No. 15 of 1979, when read with section 798 of the Civil Procedure Code, necessitates such sanction, and noncompliance is fatal to an appeal. The decision reaffirmed the principle that procedural safeguards attached to rights of appeal, especially in contempt cases, must be strictly adhered to, emphasizing that the omission cannot be cured after the fact. Statutory analysis and relevant p

REF: sllr 2007 volume 1 page 001 Category: Tag:
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