MULTI PURPOSE CO-OPERATIVE SOCIETY, MADAWACHCHIYA VS. KIRIMUDIYANSE AND OTHERS

MULTI PURPOSE CO-OPERATIVE SOCIETY,
MADAWACHCHIYA VS. KIRIMUDIYANSE AND OTHERS

COURT OF APPEAL
RANJIT SILVA.J
LECAMWASAM .J
CA (PHC) 189/04
H.C. ANURADHAPURA 55/2002
NOVEMBER 4,2010
DECEMGER 10,2010

Writ of Certiorari - Constitution Article 140 - Court of Appeal (Appellate Procedure) Rules of 1990-91- Affidavit mandatory - Defective affidavit - Is there a valid application for writ?- Buddhist not affirming - Oaths and Affirmation Ordinance No. 9 of 1985 Civil Procedure Code - Section 438 - Judicial review available -Fair hearing

The Respondent-Petitioner filed a writ application in the High Court seeking mandates in the nature of Certiorari/Mandamus to quash the disciplinary findings or the Co-operative Employees Commission and the Society. The High Court granted the reliefs prayed for. The respondents appealed to the Court of Appeal.

The appellant contended that there was no valid writ application before the High Court as the deponent had not 'affirmed" (this was not raised before the High Court). The appellant further contended that there was undue delay in presenting the writ applic

Click Here to Read the rest of this document