Category / NLR_V_23
ASSISTANT GOVERNMENT AGENT KANDY v.KALU BANDA et al
010-NLR-NLR-V-23-ASSISTANT-GOVERNMENT-AGENT-KANDY-v.KALU-BANDA-et-al.pdf (.26 ) im. Present: De Sampayo J. ASSISTANT GOVBRNMEaT AGENT, KANDY, v.KALIJ BANDA el al. 187—C. B, Tddeniya, 4,833. Kandyan law—Gifts in the nature o/JScW conamissum not contrary peKandyan law. Gifts in the nature of fidei commissa are not contrary to thespirit of the Kandyan law. There is no principle of Kandyan lawwhich…
BEEBEE v. MAHMOOD
027-NLR-NLR-V-23-BEEBEE-v.-MAHMOOD.pdf ( 123 ) Present: ShawJ. b: MDISiMP v. MAHMOOD. 1921. 197—P. G. Colombo, 11,652. Maintenance—Application by mother for children dismissed as she wasnot ready with evidence—Subsequent application—Is dismissedbar f—Application by person other than mother. An application for maintenance of children may be made byother persons besides the mother. Where an application made by…
SEDRIS v. SINGHO
044-NLR-NLR-V-23-SEDRIS-v.-SINGHO.pdf ( 171 ) [Full Bench.] Present: Bertram C.J. and Ennis and Da Sampayo JJ.SEDBIS v. SINGHO. 797—P. 0. Panadure, 71,293. Village Tribunal—Exclusive jurisdiction—Petty thefts—When juris-diction of Police Court is ousted—Ordinance No. 24 of 1889, s. 28—Prosecution by police—Has Village Tribunal^ jurisdiction 9—“ Native ”—Crown. The jurisdiction of a Police Court with regard to…
PUNCHIRALA v. KIRI BANDA et al
060-NLR-NLR-V-23-PUNCHIRALA-v.-KIRI-BANDA-et-al.pdf 1921. ( 228 ) [FuUi Bench.] Present: Bertram 0.J. and Ennis and De Sampayo JJ. PUNCHIRALA v. KIRI BANDA et at.lUr^D. 0. Kandy, 27,592. Evidence Ordinance, 2895, 8. 41—Declaration in judicial settlement intestamentary case that a person was adopted by the deceased forpurposes of inheritance—Has declaration the effect of a judgmentin rem. In…
BORHAM v. SILVA
077-NLR-NLR-V-23-BORHAM-v.-SILVA.pdf ( 276 ) 1921. Present: De Sampayo J. BORHAM v. SILVA. 090—P. C. BalapUiya, 147. Unlawful gaming — Breach of Village Commurtity rules — Exclusivejurisdiction of Village Tribunal. The Village Tribunal has exclusive jurisdiction to try offencesmade punishable under Village Community rules, and suchjurisdiction cannot be ousted by the Police Court even if…
GUNAWARDENE v. DIAS
093-NLR-NLR-V-23-GUNAWARDENE-v.-DIAS.pdf ( 339 ) Preamt: Be Sampayo and Schneider JJ.GUNAWARDENE v. J>US. 1922. J45—JD. C. Gkitte, 472. Insolvency—Sale of property belonging to estate of insolvent—Purchaseunder the belief that property was sold free of encumbrances—Beliefinduced by conduct of assignee's proctor—Sale set aside—Fraud—^Misrepresentation. The Court on the motion of the assignee’s proctor issued aCommission to A…
AHAMPARAPILLAI v. PODI SINGHO
109-NLR-NLR-V-23-AHAMPARAPILLAI-v.-PODI-SINGHO.pdf ( 399 ) Present; De Samp&yo and Porter JJ.1938. AHAMPARAPILLAI v. PODI SINGHO. 23—D. O. BaUicaloa, 5,144. Partition action—House built on an agreement with one co-owner—* Purchase by builder of co-owner*e share—Is builder entitled to theentire house t—Compensation. The defendant built a house on a land under an agreement withone of the co-owners…
BASNAYAKE HAMINE et al v. PATHIRATNE
127-NLR-NLR-V-23-BASNAYAKE-HAMINE-et-al-v.-PATHIRATNE.pdf ( 467 ) Present: Bertram C.J% and De Sampayo J.BASNAYAKE HAMTNE et dL v. PATHTRATNE. 73—D. G. (Into/.) Colombo, 52,525. Appeal—Security for costa—Formal tender on date specified in noticenot mode—Civil Procedure Code, a. 756. The appellant did not “ forthwith ” give notice to the respondentthat he would on a specified day tender…
NARAYAN CHETTY v. AZEEZ
144-NLR-NLR-V-23-NARAYAN-CHETTY-v.-AZEEZ.pdf ( 477 ) Present: Bertram C. J. and De' Sampayo J.NARAYAN CHESTY v. AZEEZ. 48—D. C. GaOe, 18,007. 1921. Restitutio in integrum—Proctor consenting to judgment contrary toinstructions—Appeal. If a litigant alleges 'that his proctor by mistake or negligencehas consented to a judgment contrary to his instructions, hisremedy is not by way of appeal,…
JAYASINGHE v. SILVA
011-NLR-NLR-V-23-JAYASINGHE-v.-SILVA.pdf ( 28 ) 1921. Present: De Sampayo J.JAYASINGHE v. SILVA. 848—P. C. Kandy, 6,624. Cruelty to animals—General instructions by owner to carters not to usebulls with injuries—Charge against owner. ■ ' .The accused who was a cart contractor owning several carts and bulls was charged with having permitted his carters to use animalswith…