MARK RAJANDRAN VS. FIRST CAPITAL LTD. FORMERLY COMMERCIAL CAPITAL LTD.
MARK RAJANDRAN VS. FIRST
CAPITAL LTD., FORMERLY,
COMMERCIAL CAPITAL LTD.,
SUPREME COURT
DR. SHIRANI BANDARANAYAKE, ACTING C. J.
RATNAYAKE, J., AND
EKANAYAKE, J.
S. C. H. C. (C. A.) LA NO. 289/2009
WP/HCCA/COL. NO. 67/2007 (F)
D. C. COLOMBO NO. 17543/MR
JUNE 7TH,2010
Oaths and Affirmations Ordinance - Section 4 - provisions as to how an oath
should be given - Section 5 - only exemption to Section 4 - Supreme Court
Rules - Rule 2 - every- application for special leave to appeal should be made
by way of petition & affidavit - Rule 6 - an application contains allegation
of facts which cannot be verified by reference to the judgment or order of the
Lower Court in respect of which, leave is sought, should the petitioner annex
in support of such allegation an affidavit?
The petitioner preferred an application for leave to appeal to the Supreme
Court from a judgment of the Provincial High Court of the Western Province
(Sitting in Colombo).
When the matter was taken up for support the respondent took up a preliminary
objection to the affidavit filed by the petit
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