Seminal judgments on the Primary Court Procedure Act

Seminal judgment from the Court of Appeal of Sri Lanka

Primary Court Procedure Act, S.68 – whether the filing of an appeal against the decision of a High Court in the exercise of its revisionary powers in respect of a determination made under part VII of the PCPA would ipso facto stay the execution of its judgment or it operates otherwise. – approbating and reprobating

held – mere lodging of an appeal against the judgement of the High Court in the exercise of its revisionary power in terms of Article 154 P (3) (b) of the Constitution to the court of appeal does not automatically stay the execution of the order of the High court.

Jayantha Wickremasinghe Gunasekara alias Kananke Dhammadinna v. Jayatissa Wickremasinghe Gunasekara & others 
 
 
C.A(PHC) APN 17/2006 decided on 30.09.2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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