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Short title and dates of operation.
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1. This Law may be cited as the Administration of Justice Law, No. 44 of 1978, and shall come into operation in respect of all or any of its provisions on such date or dates as the Minister may appoint by Order published In the Gazette.
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Construction of this Law.
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2. The provisions of this Law are intended and shall be construed to achieve the following objectives: –
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(a) simplicity and uniformity In procedure,
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(b) fairness in administration,
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(c) the elimination of unjustifiable expense and delay; and
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(d) the just determination of every judicial proceeding.
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Repeals.
[2, 25 of 1975]
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[ [2, 19 of 1977]
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3.
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(1)
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” (a) The British Courts Probates (Resealing) Ordinance, the Bribery (Special Jurisdiction) Law, No. 8 of 1973, the Civil Courts (Special Provisions) Act, No. 43 of 1961, the Courts Ordinance, the Court of Criminal Appeal Ordinance, the Courts of Bequests (Special Provisions) Act, No. 5 of 1984, the Ceylon Courts of Admiralty Ordinance, the Court of Appeal Act, No. 44 of 1971, the Criminal Procedure Code, the Fiscals Ordinance, the Law Society Ordinance, the Legal Practitioners Ordinance, the Partition Act, the Payment of Fines (Courts of Summary Jurisdiction) Ordinance, the Rural Courts Ordinance, the Supreme Court Appeals (Special Provisions) Act, No. 4 of 1960, the Supreme Court (Vacation) Ordinance and the Vexatious Actions Ordinance are hereby repealed.
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(b) Sections 19 to 21 and sections 26 to 36 of the Public Trustee Ordinance are hereby repealed.”.
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(c) Such of the provisions of the Ceylon (Parliamentary Elections) Order in Council 1946, the Prevention of Crimes Ordinance and the Probation of Offenders Ordinance as are inconsistent with the provisions of this Law shall be deemed to be repealed.
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(2) Unless and until rules are made under this Law all rules in force immediately before the appointed date relating to the exercise of jurisdiction of courts established under the several enactments repealed by this Law shall mutatis mutandis apply to the exercise of jurisdiction by the court vested with such jurisdiction under this Law.
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(3) Every reference in any other existing written law to a court or to a Judge thereof shall be so read and construed as to give effect to the principles and provisions of this Law.
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Regulations.
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4. No regulation made under this Law by the Minister shall become operative until such regulation has been approved by the National State Assembly and published in the Gazette:
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Provided that the Minister may make any regulation which he is empowered under this Law to make and the National State Assembly may approve such regulation and such regulation may be published in the Gazette at any time after the enactment of this Law and before the appointed date:
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Provided further that no regulation so made, approved and published in the Gazette shall become operative before the appointed date.
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Institutions for the administration of justice.
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5.
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(1) The institutions for the administration of justice in the Republic of Sri Lanka shall be: –
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(2) This Law shall not affect the powers or jurisdiction of tribunals and other institutions established for the adjudication and settlement of industrial disputes, of Conciliation Boards, of administrative bodies vested with the power of making decisions of a judicial or quasi judicial nature, or of Commissions established under the Criminal Justice Commissions Act or appointed under the Commissions of Inquiry Act.
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Division of Sri Lanka for judicial purposes.
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6.
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(1) For the purposes of the administration of justice, Sri Lanka shall be divided into the zones set out in the Schedule hereto.
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(2) Each zone shall be divided into districts and divisions, and the limits of each zone, district and division shall be as determined by the Minister by regulation.
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Sittings of every court to be public.
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7. The sittings of every court shall be held, in public, and all persons shall be entitled freely to attend such sittings. A Judge may, however, in his discretion, whenever he considers it desirable-
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(a) in proceedings relating to family relations,
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(b) in proceedings relating to sexual offences, or
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(c) in the interests of order and security within the court premises,
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exclude therefrom such persons as are not directly interested in the proceedings therein.
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| THE SUPREME COURT OF SRI LANKA |
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Constitution of the Supreme Court.
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8.
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(1) There shall be a Supreme Court of the Republic of Sri Lanka which shall consist of the Chief Justice, and of not less than ten and not more than twenty other Judges.
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(2) The Judges of the Supreme Court shall be appointed to their offices by the President of the Republic of Sri Lanka by Acts of Appointment under the Public Seal of the Republic.
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(3) Every Judge of the Supreme Court may hold office until he attains the age of sixty-three years.
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(4) When a Judge of the Supreme Court is unable to perform the duties of his office due to illness, absence from Sri Lanka or any other cause, the President may appoint a fit and proper person to act in that office.
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(5) Every person appointed to be, or to act as, a Judge of the Supreme Court shall, before he enters upon his office, make and subscribe before the President the oath or affirmation of office prescribed in the Schedule hereto.
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(6) The salaries of the Judges of the Supreme Court shall be as set out in the Schedule hereto.
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Performance of other functions by Judges of the Supreme Court.
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9.
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(1) A Judge of the Supreme Court may be required by the President of the Republic of Sri Lanka to discharge or perform any other appropriate duties or functions under any other written law.
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(2) No Judge of the Supreme Court may accept or perform any other office or place of profit or emolument not authorized by law without the consent of the President.
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(3) No person who has held permanent office as a Judge of the Supreme Court may appear, plead or act as an attorney-at-law in any court established under this Law without the consent of the President.
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Seal of the Supreme Court.
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10. The Supreme Court shall have and use a Seal which shall be known as ” The Seal of the Supreme Court of the Republic of Sri Lanka “, and which shall be kept in the custody of the Chief Justice.
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Appellate jurisdiction of the Supreme Court.
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11. The Supreme Court shall be the only superior court of record and shall have, subject to the provisions of this Law, jurisdiction for the correction of all errors in fact or in law committed by any subordinate court, and sole and exclusive cognizance by way of appeal, revision and restitutio-in-integrum of all actions, proceedings and matters of which such subordinate court may have taken cognizance, and such other jurisdiction as may be vested in the Supreme Court by law. In the exercise of its jurisdiction, the Supreme Court may, in accordance with law, affirm, reverse or vary any judgment or order, or give directions to such subordinate court, or order a new trial or a further hearing. It may, if necessary, receive and admit new evidence additional to, or supplementary of, the evidence already taken in such subordinate court:
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Provided that no judgment or order pronounced by any subordinate court shall on appeal or revision be reversed or varied on account of any error, defect or irregularity in the proceedings which shall not have prejudiced the substantial rights of either party or occasioned a failure of justice.
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Supreme Court may issue man dales in the nature of write.
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12.
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(1) The Supreme Court may grant and issue, according to law, mandates in the nature of writs of mandamus, quo warrantor, certiorari, proceeded and prohibition:
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Provided that no such mandate may be granted and issued against a Criminal Justice Commission established under the Criminal Justice Commissions Act.
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(2) The Supreme Court may grant and issue mandates in the nature of writs of habeas corpus to bring up before such court-
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(a) the body of any person to be dealt with according to law; or
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(b) the body of any person illegally or improperly detained in public or private custody;
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and to discharge or remand any person so brought up or otherwise deal with such person according to law:
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Provided that it shall be lawful for the Supreme Court to require the body of such person to be brought of in the most convenient subordinate court and to direct the Judge of such court to forthwith inquire into and report upon the cause of the alleged imprisonment or detention, and to make such provision for the interim custody of the body produced as to such Court may seem fit.
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(3) The Supreme Court may direct-
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(a) that a prisoner detained in any prison be brought before a court-martial or any Commissioners acting under the authority of any Commission from the President of the Republic of Sri Lanka for trial or to be examined relating to any matter pending before such court-martial or Commissioners respectively; or
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(b) that a prisoner detained in prison be removed from one custody to another for the purposes of trial.
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Supreme Court may inspect records.
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13. The Supreme Court may, ex mere motu or on application made, inspect and examine the records of any subordinate court and, in the exercise of its revisionary powers, make any order thereon as the interests of justice in may require.
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Exercise of jurisdiction.
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14.
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(1) The jurisdiction of the Supreme Court may be exercised in different matters at the same time by the several Judges of the Court sitting separately:
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Provided that, subject to the provisions of Chapter IV of this Law, its jurisdiction in respect of judgments and orders of Magistrates’ Courts shall be exercised by at least two Judges, and its jurisdiction in respect of judgments and orders of District Courts and High Courts shall be exercised by at least three Judges:
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Provided further that its jurisdiction under section 12 shall be exercised at all times by not less than three Judges in such manner as may be prescribed by rules of court.
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(2) In the event of any difference of opinion between two Judges constituting a Bench, the decision of the court shall be suspended until three Judges shall be present.
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(3) The Chief Justice may-
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(b) at the request of two or more Judges hearing an appeal, or
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(c) on the application of a party to the proceedings on the ground of general or public importance of the matter in dispute,
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direct that any case pending before the Supreme Court be heard by a Bench of five or more Judges.
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(4) The judgment of the Court shall be delivered with the concurrence of a majority of the Judges present at the hearing of the case.
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(5) The judgment of the Supreme Court. shall, in all cases, be final and conclusive.
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Rules of court.
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15.
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(1) The Chief Justice and not less than half the number of other Judges of the Supreme Court may, from time to time, with the concurrence of the Minister, make rules of court for regulating all or any of the following matters: –
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(a) the form and manner of proceeding to be observed in the Supreme Court and in all subordinate courts;
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(b) the nature and extent of costs that may be awarded by all courts and the manner in which such costs may be taxed;
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(c) the admission, enrolment, suspension and removal of attorneys-at-law;
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(d) the preparation of copies of records for the purpose of appellate proceedings;
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(e) the manner in which panels of jurors may be prepared, and the mode of summoning, empanelling and challenging of jurors;
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(f) the taking of bail and the release without bail of persons on remand awaiting trial;
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and generally make such rules as may be necessary for giving effect to the provisions of this Law, and for regulating any matters relating to practice and procedure not specially provided for by written law.
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(2) Every rule of court shall be published in the Gazette and shall come into operation on the date of such publication, or on such later date as may be specified in such role.
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(3) All rules of court made under this Law shall, as soon as convenient after their publication in the Gazette, be brought before the National State Assembly for approval. Any such rule which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder.
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| ESTABLISHMENT OF SUBORDINATE COURTS |
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Establishment of High Courts, District Courts and Magistrates’ Courts.
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16. The Minister may, by Order published in the Gazette, establish within each zone one Court to be called ” The High Court ” of such zone, within each district one Court to be called ” The District Court ” of such district, and within each division one Court to be called ” The Magistrate’s Court ” of such division. Each such court shall be held by one Judge who shall be called ” High Court Judge “, ” District Judge ” or ” Magistrate ” as the case may be. Each court so constituted shall be held at such convenient place or places within such zone, district or division as the Minister shall, by regulation, from time to time appoint:
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Provided that nothing in this section shall be construed to restrict or curtail the power possessed by every Judge to hold court at any convenient spot within his territorial jurisdiction.
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Additional Judges.
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17.
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(1) It shall be lawful, as occasion may require, to appoint more than one Judge to the same court. It shall also be lawful to appoint any District Judge or Magistrate to have concurrent jurisdiction with any other District Judge or Magistrate over any district or division or any part thereof respectively.
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(2) Whenever any additional Judge is appointed to any court, he shall sit separately, for the purpose of exercising the jurisdiction vested in such court.
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Appointment of High Court Judges.
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18.
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(1) The High Court Judges shall be appointed to their offices by the President of the Republic of Sri Lanka by Acts of Appointment under the Public Seal of the Republic.
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(2) A High Court Judge may hold office until he attains the age of sixty-one years.
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(3) Whenever a High Court Judge is unable to perform the duties of his office due to illness, absence from Sri Lanka or any other cause, the President may appoint a fit and proper person to act in that office.
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(4) Every person appointed to be or to act as a High Court Judge shall, before he enters upon his office, make and subscribe the oath or affirmation of office prescribed in the Schedule hereto.
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(5) The salaries of High Court Judges shall be as set out in the Schedule hereto.
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Concurrent jurisdiction.
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19. Every High Court Judge shall have concurrent jurisdiction with every District Judge and Magistrate of districts and divisions situated, within the limits of the zone for which the High Court is constituted.
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Criminal Jurisdiction.
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20.
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(1) A High Court shall have power and authority and is hereby required to hear, try, and determine in the manner provided for by written law, all prosecutions upon indictment instituted therein against any person in respect of-
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(a) any offence committed wholly or in part within its jurisdiction;
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(b) any offence committed by any person on or over the territorial waters of Sri Lanka;
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(c) any offence committed by any person on the high seas where such offence is piracy by the law of nations;
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(d) any offence committed on the high seas on board any ship or upon any aircraft registered in Sri Lanka: or
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(e) any offence committed by any person who is a citizen of Sri Lanka on the high seas or upon any aircraft.
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(2) A High Court may impose any sentence or other penalty prescribed by written law.
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(3) Subject to the provisions of this Law, every trial as aforesaid shall be by jury before a High Court Judge:
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Provided that the Chief Justice may, in his discretion, order that any trial shall be held within a zone to be specified by” him by jury before three High Court Judges to be nominated by him.
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(4) Whenever a direction is made under Chapter II of this Law by the Minister that a person charged be-tried at Bar by three Judges without a jury, the Chief Justice shall nominate three High Court Judges for the purpose and shall specify the zone within which the trial shall be held.
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Power to grant injunction.
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21. A High Court may grant and issue an injunction to prevent any irremediable mischief which might ensue within its jurisdiction before the party applying for such injunction could prevent the same by bringing an action in any District Court or Magistrate’s Court:
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Provided that it shall, not be lawful for any High Court to grant an injunction to prevent a party any action in any court from appealing to or Prosecuting an appeal in the Supreme Court, or to prevent any party to any action in any court, from insisting upon any ground of action, defence, or appeal or to prevent any person from suing or prosecuting an action in any court, except where such person has instituted two separate actions in different courts for and in respect of the same cause of action, in which case the High Court shall have power by an injunction to restrain him from prosecuting one or the other of such actions as to it may seem fit.
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Election Jurisdiction.
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22. The jurisdiction to try an election petition in terms of the provisions of the Ceylon (Parliamentary Elections) Order in Council, 1946, shall be vested in the High Court and may be exercised by any High Court Judge nominated for the purpose by the Chief Justice.
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Appointment of High Courts for admiralty purposes.
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23.
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(1) The Minister may, by Order published in the Gazette, appoint any High Court to have admiralty jurisdiction and assign to such Court as its zone for admiralty purposes any one or more zones or any part or parts thereof, and the zone so constituted for such Court, with the territorial waters adjacent thereto, shall be deemed its zone for admiralty purposes; and accordingly such High Court shall have jurisdiction for those purposes throughout the zone as if the same was a zone defined and determined under section 5.
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(2) If more than one court is appointed under subsection (1), any proceeding may be commenced in a High Court so appointed within whose jurisdiction the vessel or property to which the cause relates is at the commencement of the proceedings, or the owner of such vessel or property or his recognized agent in Sri Lanka resides. If such owner or agent does not reside within the jurisdiction of any High Court so appointed, such proceeding may be commenced in the High Court having admiralty jurisdiction nearest to the place where such owner or agent, as the case may be, resides.
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Appointment of District Judges.
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24.
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(1) District Judges shall be appointed to their offices by the Cabinet of Ministers after receiving the recommendation of the Judicial Services Advisory Board.
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(2) The age of retirement of District Judges shall be as provided by rules made under the Public and Judicial Officers (Retirement) Ordinance.
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(3) Every person appointed to be, or to act as, a District Judge shall, before he enters upon his office, make and subscribe the oath or affirmation of office prescribed in the Schedule hereto.
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(4) The salaries of District Judges shall be as set out in the Schedule hereto.
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Concurrent jurisdiction.
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25. Every District Judge shall have concurrent jurisdiction with every Magistrate of divisions situated within the limits of the district for which the District Court is constituted.
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Civil jurisdiction.
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26. A District Court shall within its district have original jurisdiction in all civil, revenue, matrimonial, insolvency and testamentary matters, except such of the aforesaid matters as are by this or any other written law exclusively assigned by way of original jurisdiction to any other court or vested in any other authority, and shall, in like manner, also have jurisdiction over the persons and estates of persons of unsound mind, minors, and wards, over the estates of cestuis queue trust, and over guardians and trustees, and in any other matter in which jurisdiction may hereafter be given to District Courts by law.
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Penalty for proceeding in District Court when case cognizable by Magistrate’s Court.
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26A. If any action or suit be condensed in a District Court for any debt, damage or demand which might have been recovered in a Magistrate’s Court, for the plaintiff if successful shall not by reason thereof be entitled to any costs whatsoever but it shall be competent to the court to make an order as to costs as justice may require.
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Criminal jurisdiction.
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27.
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(1) A District Court shall have jurisdiction and is hereby required to hear, try, and determine in the manner provided for by written law, all prosecutions upon indictment instituted therein against any person in respect of any offence committed wholly or in part within its district.
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(2) A District Court may impose any of the following sentences: –
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(a) imprisonment for a term not exceeding live years;
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(b) fine not exceeding five thousand rupees;
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(d) any lawful sentence combining any two of the sentences aforesaid.
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(3) In every case of a continuing offence in respect of which a District Court may exercise jurisdiction, it shall also have the power and authority to remove or abate the act, matter, or thing complained of.
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Revenue Jurisdiction.
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28. A District Court shall have jurisdiction to entertain causes affecting the revenue, and to inquire into all offences against the revenue laws of Sri Lanka committed wholly or in part within its district and to hear, try, and determine all actions and prosecutions commenced by the State against any person in respect of any such offences, and to impose the fines, penalties and forfeitures appertaining to such offences, although the same may exceed the sum which such court is authorized to impose in the exercise of its ordinary criminal jurisdiction.
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Appointment of Magistrates.
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29.
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(1) Magistrates shall be appointed to their offices by the Cabinet of Ministers after receiving; the recommendation of the Judicial Services Advisory Board.
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(2) The age of retirement of Magistrates shall be as provided by rules made under the Public and Judicial Officers (Retirement) Ordinance.
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(3) Every person appointed to be, or to act as, a Magistrate shall, before he enters upon his office, make and subscribe the oath or affirmation of office prescribed in the Schedule hereto.
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(4) The salaries of Magistrates shall be as set out in the Schedule hereto.
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30.
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(1) A Magistrate’s Court shall, within Its division, have original jurisdiction to hear and determine all actions, proceedings or matters in which the debt, damage, demand or claim does not exceed five hundred rupees, or the value of the movable or immovable property or the particular share, right or interest in dispute does not exceed five hundred rupees.
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(2) It shall not be lawful for any plaintiff to divide any cause of action for the purpose of bringing two or more actions in a Magistrate’s Court. Any plaintiff having a cause of action for an amount exceeding the amount in respect of which a Magistrate’s Court has jurisdiction, may abandon the excess, and seek to recover an amount not exceeding the amount in respect of which such court has jurisdiction, and the judgment of the court shall be in full discharge of all demands in respect of such cause of action.
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(3) Where in any proceeding before any Magistrate’s Court any defence or claim in reconvention of the defendant involves matter beyond the jurisdiction of the court, such defence or claim in reconvention shall not affect the competence or duty of the court to dispose of the matter in issue, but no relief exceeding that which the court has jurisdiction to grant shall be given to the defendant upon any such claim in reconvention:
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Provided that it shall be lawful for the appropriate high Court Judge, on the application of any party to the proceeding, to order that the whole proceeding be transferred to the appropriate District Court; and in such case the record in such proceeding shall be transmitted by the Magistrate to such District Court and such proceeding shall thenceforth be continued in such court as if it has been originally commenced therein.
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31.
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(1) A Magistrate’s Court shall have jurisdiction and is hereby required to hear, try and determine in the manner provided for by written law, all prosecutions instituted therein against any person in respect of any offence committed wholly or in part within its division:
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Provided that no Magistrate’s Court shall try any offence in respect of which the maximum punishment prescribed is in excess of seven years’ imprisonment or a fine of seven thousand rupees.
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(2) A Magistrate’s Court may impose any of the following sentences:
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(a) imprisonment for a term not exceeding eighteen months;
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(b) fine not exceeding one thousand five hundred rupees;
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(d) any lawful sentence combining any two of the sentences aforesaid.
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(3) Notwithstanding the provisions contained in subsections (1) and (2), a Magistrate’s Court shall have jurisdiction to hear, try and determine all prosecutions against any person in respect of any such offence as is, for the purposes of this subsection prescribed by regulation, and to impose in respect of every such offence, a sentence of imprisonment or fine or both, not exceeding one-half of the sentence which a District Court may impose in respect of such offence:
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Provided that where, at any time before the verdict is recorded, the Director of Public Prosecutions, by writing, informs the Magistrate that he has forwarded or intends to forward an indictment against such person in respect of the offence with which such person is charged in the proceedings before the Magistrate’s Court or any other offence Committed in the same transaction in which such offence was committed, all further proceedings before the Magistrate’s Court against such person shall be discontinued and the Magistrate’s Court shall, thereupon, not have jurisdiction to try such person
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(4) Nothing in this section shall be deemed to repeal or affect the provisions of any other written law whereby special powers of punishment are giver to Magistrates’ Courts.
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(5) A Magistrate’s Court shall have jurisdiction to hold inquiries into deaths in accordance with the provisions of Chapter II of this Law and to exercise and perform all such powers and duties conferred or required by law to be exercised or performed by such court.
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Duties of Attorney-General.
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32.
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(1) It shall be the duty of the Attorney-General to represent the Republic of Sri Lanka in courts established under this Law, to give advice to the Government of Sri Lanka upon all legal matters, and to discharge the functions conferred on him by or under this or any other written law.
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(2) In the performance of his duties, the Attorney-General shall have the right of audience in all courts in Sri Lanka.
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Admission of attorneys-at-law.
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33. The Supreme Court may admit and enrol as attorneys-at-law persons of good repute and of competent knowledge and ability.
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Rights and liabilities of attorneys-at-law.
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34.
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(1) Every attorney-at-law shall be entitled to assist and advise clients and to appear, plead or act in every court or other institution established by law for the administration of justice.
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(2) It shall be lawful for attorneys-at-law to practise in partnership, or to employ such other persons as may be necessary or expedient for the proper and efficient discharge of their duties and functions. It shall also be lawful for an attorney-at-law to be assisted or instructed by another attorney-at-law.
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(3) Every attorney-at-law who renders professional advice or assistance to a client shall have the right to sue for the recovery of any fee due to him and he may also be liable to be sued by his client for professional negligence.
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Suspension and removal of attorneys-at-law.
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35. Every attorney-at-law who shall be guilty of any deceit, malpractice, offence or other conduct unworthy of an attorney-at-law may be suspended from practice or removed from office by any three Judges of the Supreme Court sitting together.
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Advocates and proctors to continue in office.
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36.
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(1) Every person who on the day preceding the appointed date was an advocate or proctor of the Supreme Court shall be deemed to have been admitted and enrolled as an attorney-at-law of the Supreme Court under this Law.
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(2) An attorney-at-law who on the day preceding the appointed date was an advocate shall, notwithstanding anything to the contrary in the Notaries Ordinance, be entitled on application to a warrant in terms of section 3 of that Ordinance, if such application is supported by a certificate from a Judge of the Supreme Court or High Court Judge or District Judge to the effect that he has had experience of practice in cases relating to land for a period of at “least “eight years.
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(3) Every reference in any other existing written law to an advocate or proctor shall be read and construed as a reference to an attorney-at-law.
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Justices of the Peace and Unofficial Magistrates.
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37.
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(1) The President of the Republic of Sri Lanka and the officers (whether holding office permanently or temporarily) enumerated in the Schedule hereto shall be ex officio Justices of the Peace for the Republic of Sri Lanka or for such portion thereof respectively as is indicated in the said Schedule.
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(2) The Minister may, from time to time by notice in the Gazette, appoint persons to be Justice of the Peace for the Republic of Sri Lanka, or for such zones, districts or divisions as to the Minister shall seem expedient.
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(3) The Minister may, from time to time by notice in the Gazette, appoint any Justice of the Peace to be an Unofficial Magistrate for any division or divisions, and any Justice of the Peace so appointed shall have all the powers and authority vested by this Law in Magistrates’ Courts, except the power to hear, try, or determine civil or criminal cases.
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(4) Every Justice of the Peace and every Unofficial Magistrate shall make and subscribe an oath or affirmation of office in such form as may be determined by the Minister, before a High Court Judge, District Judge or Magistrate, and every such Judge is hereby empowered and required, upon application in that behalf, to administer the same, and to enter in the records of his court that the said oath or affirmation was duly administered and taken before him, and forthwith to transmit a copy of every such entry to the Registrar of the Supreme Court to be entered in the records of that court.
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(5) All Unofficial Magistrates and Justices of the Peace appointed under the Courts Ordinance shall be deemed to be Unofficial Magistrates and Justices of the Peace, as the case may be, appointed under this Law.
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State Attorneys.
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38.
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(1) The Minister may, from time to time, appoint for such period as may be specified, an attorney-at-law engaged in private practice to be a State Attorney for any zone, district or division
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(2) A State Attorney shall perform such functions as may be assigned to him by the Attorney-General and shall receive such remuneration as may be determined by the Attorney-General.
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(3) A State Attorney shall not be entitled in any action, proceeding or matter before any court to appear, plead or act against the Republic of Sri Lanka.
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(4) Nothing in this section shall be deemed to affect the power of the Attorney-General or of the Director of Public Prosecutions to appoint an attorney-at-law to act specially in any particular case or to act generally on behalf of the State.
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Registrar and other officers of court.
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39.
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(1) There shall be appointed to each court established under this Law a Registrar, Fiscal and such other officers as may be necessary for the administration and for the due execution of the powers and the performance of the duties of such court, including the service of process and the execution of decrees of court and other orders enforceable under any written law.
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(2) During the absence from duty of any ministerial or other officer of any court who is authorized or required by law to sign any process of the court or certificate or other document or execute any instrument or perform any other specified duty or function, the Judge of the court shall have power to direct any other officer of the court to sign such process, certificate or document, execute such instrument or perform such duty or function, and every act done in that behalf by such officer in conformity with any such direction of the Judge shall be deemed to be valid and effectual for all purposes.
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Ministerial powers and duties.
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40. The jurisdiction vested in any court by this Law shall include all ministerial powers and duties incidental to such jurisdiction, and nothing in this Law shall be deemed to limit or affect the power of any court to make such orders as may be necessary to do justice or to prevent the abuse of the process of the court.
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Power to punish for contempt of court.
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41.
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(1) Every District Court and Magistrate’s Court may, for the purpose of maintaining its proper authority and efficiency, take cognizance of, and punish in accordance with law, every offence of contempt of court committed in the presence of the court itself, and any offence which is committed in the course of any act or proceeding in such court and which is declared by any law to be punishable as a contempt of court.
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(2) Every High Court may take cognizance of and try in a summary manner any offence of contempt committed against or in disrespect of its authority or any offence of contempt committed within its jurisdiction against or in disrespect of the authority of any other court or other institution established by law which such court or institution has not the jurisdiction to take cognizance of and punish, and on conviction impose a sentence of imprisonment not exceeding five years or a fine not exceeding five thousand rupees or both such imprisonment and line.
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(3) The Supreme Court may take cognizance of and try in a summary manner any offence of contempt committed against or in disrespect of its authority and on conviction may impose a sentence of imprisonment not exceeding seven years or a fine not exceeding seven thousand rupees or both such imprisonment and fine.
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Powers of courts to grant injunctions.
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42.
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(1) In any action instituted in any District Court or Magistrate’s Court-
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(a) where it appears from the plaint that the plaintiff demands and is entitled to a judgment against the defendant restraining the commission or continuance of an act or nuisance the commission or continuance of , which would produce injury to the plaintiff; or
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(b) where it appears that the defendant during the tendency of the action is doing or committing, or procuring or suffering to be done or committed, or threatens or is about to do or procure or suffer to be done or committed, an act or nuisance in violation of the plaintiff’s rights in respect of the subject-matter of the action and tending to render the judgment ineffectual; or
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(c) where it appears that the defendant during the tendency of the action threatens or is about to remove or dispose of his property with intent to defraud the plaintiff,
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the court may, on its appearing by the affidavit of the plaintiff or any other person that sufficient grounds exist therefor, grant an injunction restraining any such defendant from-
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(i) committing or continuing any such act or nuisance;
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(ii) doing or committing or procuring or suffering to be done or committed any such act or nuisance;
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(iii) removing or disposing of such property.
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(2) For the purpose of this section, any defendant who has in his answer set up any claim in reconvention, shall be deemed a plaintiff, and shall have the same right to an injunction as he would have in an action brought by him against the plaintiff for the cause of action stated in the claim in reconvention, and the plaintiff shall be deemed the defendant and the claim in reconvention the plaint.
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(3) Such injunction may be granted to accompany the summons, or at any time after the commencement of the action and before final judgment, and with or without notice in the discretion of the court. Where the defendant has answered, it shall be granted only upon notice or an order to show cause. Where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court may grant an injunction restraining the defendant until the hearing and decision of the application.
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Objection to jurisdiction.
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43.
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(1) Whenever any defendant, or accused has pleaded in any action, proceeding or matter brought in any court, without pleading to the jurisdiction of such court, neither party shall be afterwards entitled to object to the jurisdiction of such court, and such court shall be deemed to have had jurisdiction over such action, proceeding or matter.
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(2) Whenever any accused has pleaded to any indictment, or charge presented against him in any court and it appears in evidence that the crime or offence with which he is charged was committed outside the limits of the zone, district or division in which such court is being held, such court shall nevertheless proceed to try such crime or offence as if such crime or offence had been committed within its Jurisdiction.
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(3) If any action or proceeding is commenced in any District Court for any debt, “damage or demand which might have been recovered in a Magistrate’s Court, the plaintiff in such action or proceeding shall not be entitled to any costs whatever, but it shall be competent for the Judge to make such order as to costs as justice may require.
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Transfer of cases.
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44.
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(1) Whenever it appears to the Supreme Court-
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(a) that a fair and impartial trial cannot be had in any particular court or place; or
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(b) that some question of law of unusual difficulty is likely to arise; or
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(c) that a view of the place in or near which any offence is alleged to have been committed may be required for the satisfactory trial of the same; or
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(d) that it is expedient on any other ground,
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the Court may make order upon such terms as to payment of costs or otherwise as the Court may deem fit for the transfer of any action, proceeding or matter pending before the High Court from any zone to any other zone, or for the transfer of any action, proceeding or matter pending in any court other than the High Court to any other such court, and accordingly in every such case the court to which any such action, proceeding or matter is transferred shall, notwithstanding anything to the contrary in this or any other written law in regard to the territorial limits of the jurisdiction of such court, have jurisdiction to hear, try and determine such action, proceeding or matter.
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(2) Every application for a transfer under this section shall be supported by an affidavit setting out the grounds on which it is based.
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(3) The Supreme Court, in making an order for transfer under this section may, if it thinks fit. direct that the court to which such action, proceeding or matter is transferred shall call all or any of the witnesses who have been examined before the court from which the transfer is made and take their evidence afresh.
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Power of Attorney-General to decide court or place at which trial should be held.
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45.
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(1) Whenever it appears to the Attorney-General that it is expedient that the trial of any criminal offence should be transferred from any court or place to any other court or place, he may by his fiat in writing designate such last-mentioned court or place, and such trial shall be held accordingly on the authority of such fiat, which shall be filed of record with the proceedings in such trial.
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(2) Any party considering himself aggrieved by any transfer made on any such fiat of the Attorney-General may apply to the Supreme Court, by motion supported by affidavit setting out the grounds of such application, for a retransfer or for a transfer to any other court or place, and the Supreme Court may, after notice to the Attorney-General, who shall, if he thinks fit, be heard to show cause against such motion, if it considers that good cause has been shown why the application should be granted, make order accordingly.
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(3) Every accused person making any application under section 44 or under this section shall give to the Attorney-General, and also to the complainant, notice in writing of such application, together with a copy of the grounds on which it is made. No order shall be made on the merits of the application unless and until at least forty-eight hours have elapsed between the receipt of such notice and the hearing of the application.
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Minister to nominate court for specific categories of offences.
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46.
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(1) The Minister may. by regulation, nominate a court or courts situated anywhere in Sri Lanka for the purposes of trial and disposal of such categories of actions, proceedings or matters as shall be specified in such regulation, and accordingly, subject to the provisions of subsection (2), such court or courts shall, notwithstanding anything to the contrary in this or any other written law in regard to the territorial limits of the jurisdiction of such court, have jurisdiction to hear, try and determine all such actions, proceedings or matters, as the case may be.
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(2) Where a regulation made under this section has become operative, all actions, proceedings or matters of the specified category which have been instituted and are pending in any other court and in which no evidence has been recorded may, by Order of the Minister, be transferred to any court so nominated.
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Provision for continuing any case begun before a Judge becoming disabled.
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47. In case of the death, sickness, resignation removal from office, absence from Sri Lanka, or other disability of any Judge before whom any action, proceeding or matter has been instituted or is pending, such action, proceeding or matter may be continued before the successor of such Judge, who shall have power to act on the evidence already recorded by his predecessor or partly recorded by his predecessor and partly recorded by him or, if he thinks fit, to re-summon the witnesses and commence afresh:
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Provided that in any such case, either party may request that the witnesses shall be re-summoned and re-heard, in which case the trial shall be commenced afresh.
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Provision for hearing of cases where Judge is a party.
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48.
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(1) Except with the consent of both parties thereto, no Judge shall be competent, and in no case shall any Judge be compellable, to exercise jurisdiction in any action, proceeding or matter in which he is a party or personally interested.
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(2) No Judge shall hear an appeal from or revise any judgment, sentence or order passed by himself.
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(3) When any Judge who is a party or personally interested is a High Court Judge, District Judge or Magistrate, the High Court, District Court or Magistrate’s Court, as the case may be, of any adjoining zone, district or division shall have jurisdiction to hear, try, and determine such action, proceeding or matter.
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Conviction or acquittal no bar to any civil action.
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49. The alleged commission of a crime or offence or the conviction or acquittal of any person of a crime or offence, shall not be a bar to a civil action for damages against such person at the instance of any person who may have suffered any injury, or who may allege that he has suffered any injury, from or by reason of the commission of any such crime or offence.
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In what court offences declared punishable by fine or imprisonment generally may be tried.
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50. Where any crime or offence is declared by any written law to be punishable by such punishment as the court before which a conviction is obtained may impose, or by such fine or imprisonment as the afore-said court may impose, such crime or offence may be tried in any court having criminal jurisdiction which the Attorney-General may elect for the purposes jurisdiction for such purpose being hereby given to such court. However, the accused person shall, in case of conviction, receive no larger amount of fine or longer term of imprisonment than the court by which he is tried is empowered to impose in the exercise of its ordinary jurisdiction. Such right of electing the court may be exercised by the Attorney-General, even where the prescribed maximum punishment exceeds that which a District Court or Magistrate’s Court is empowered to impose.
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Expenses of witnesses.
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51. The Minister may, with the concurrence of the Minister of Finance, make regulations providing-
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(a) for the payment out of the Consolidated Fund of the expenses of persons attending to give evidence or called to give evidence at the instance of the court, for the expenses, trouble, or loss of time properly incurred in or incidental to their attendance before court and the conditions on which such payment may be allowed;
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(b) for the payment out of the Consolidated Fund of the expenses of persons summoned to serve as jurors;
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(c) for the persons by whom, and the manner in which, the amounts of such expenses shall be ascertained and payments made.
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| TRANSITIONAL PROVISIONS AND INTERPRETATION |
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Criminal Justice Commissions.
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52.
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(1) Nothing in this Law shall affect, or be deemed or construed to affect, the legality, constitution, jurisdiction or powers of a Commission established before the appointed date under the Criminal Justice Commissions Act; and accordingly, all inquiries and proceedings commenced by or before any such Commission shall and may be held and continued as required by the said Act.
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(2) Where before the proceedings of any Commission established (whether before or after the appointed date) under the said Act are concluded, the Chairman or any other member of that Commission retires from, or ceases to hold, the office of Chief Justice or Judge of the Supreme Court upon reaching the age of retirement fixed by law or upon the coming into operation of this Law, he may, notwithstanding such retirement or cessation of office, continue to hold office as the Chairman or as a member of that Commission until the termination of the proceedings of that Commission and shall be entitled while so continuing to the salary and to the privileges and immunities attaching to the office held by him before such retirement or cessation of office.
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(3) Subsection (5) of section 3 of the Criminal Justice Commissions Act is hereby repealed.
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Pending proceedings.
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53.
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(1) All appellate proceedings pending in the Court of Appeal established under the Court of Appeal Act, in the Court of Criminal Appeal established under the Court of Criminal Appeal Ordinance, and in the Supreme Court established under the Courts Ordinance on the day preceding the appointed date shall stand removed to the Supreme Court, and the Supreme Court shall have jurisdiction to hear and determine the same, and the judgments and orders of the aforesaid courts delivered or made before the appointed date in appellate proceedings shall have the same force and effect as if they had been delivered or made by the Supreme Court.
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(2) All original proceedings pending in the Supreme Court established under the Courts Ordinance or in the Colonial Court of Admiralty established under the Ceylon Courts of Admiralty Ordinance on the day preceding the appointed date shall stand removed to the appropriate Court established under this Law, and such Court shall have jurisdiction to hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid courts delivered or made before the appointed date in original proceedings shall have the same force and effect as if they had been delivered or made by the appropriate Court established under this Law.
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(3) All actions, proceedings or matters pending in District Courts established under the Courts Ordinance on the day preceding the appointed date shall stand removed to the appropriate Court established under this Law, and such Court shall have juris diction to hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid courts delivered or made before the appointed date shall have the same force and effect as it they had been delivered or made by the appropriate Court established under this Law.
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Provided that all actions, proceedings and matters of a testamentary nature shall not be so removed but shall be dealt with by the Public Trustee in the manner provided in Chapter III of this Law, and any determination already made in the District Court shall be deemed and construed to be a determination made in terms of the aforesaid Chapter.
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(4) All actions, proceedings or matters pending in Magistrates’ Courts established under the Courts Ordinance, Courts of Requests established under the Courts Ordinance and Rural Courts established under the Rural Courts Ordinance on the day preceding the appointed date shall stand removed to the appropriate Magistrate’s Court established under this Law, and such Magistrate’s Court shall have jurisdiction to hear and determine or to continue and complete the same, and the judgments and orders of the aforesaid courts delivered or made before the appointed date shall have the same force and effect as if they had been delivered or made by a Magistrate’s Court established under this Law:
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Provided that all pre-trial proceedings of a non-summary nature shall not be so removed, but shall terminate and be dealt with thereafter in the manner provided in Chapter II of this Law.
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(5) Where by virtue of the provisions of this Law, any area previously forming part of the jurisdiction of any District Court or Magistrate’s Court is excluded therefrom, and any action, proceeding or matter in that Court on the day preceding the appointed date ceases to be within the jurisdiction of that Court by reason only of the exclusion of that area, such action, proceeding or matter may, notwithstanding anything in this Law, be heard and determined or continued and completed by that Court as if such area had not been so excluded from the jurisdiction of that District Court or Magistrate’s Court, as the case may be.
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Interpretation.
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54. In this Chapter, unless the context otherwise requires-
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” action ” means a proceeding for the prevention or redress of a wrong;
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” admiralty jurisdiction ” means, until otherwise provided for by written law, the admiralty jurisdiction for the time being of the High Court of England;
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” cause of action ” means the wrong for the prevention or redress of which an action may be brought, and includes the denial of a right, the refusal to fulfil an obligation, the neglect to perform a duty, and the infliction of an affirmative injury;
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” Magistrate’s Court ” includes the Court of any Municipal Magistrate;
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” offence ” means any act or omission made punishable by any written law in Sri Lanka;
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” subordinate court ” means any High Court, District Court or Magistrate’s Court.
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| CHAPTER II Repealed By [§ 15 of 1979] |
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| CHAPTER III Repealed By [§2, 19 of 1977] |
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| CHAPTER IV Repealed By [§ 15 of 1979] |
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| CHAPTER V AND VI Repealed By [§2, 19 of 1977] |
Chapter V and VI Repealed By
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