SIVASAMPU v. JUAN APPU
1937 Present :
Abrahams C.J., Maartensz and
Soertsz JJ.
SIVASAMPU v. JUAN APPU.
620-P. C. Chilaw, 1,368.
Charge-Offence laid under
by-law or regulation-Publication in Gazette- Proof of rule-Evidence Ordinance,
s. 57-Interpretation Ordinance, No. 21 of 1901, s. 11.
Where a charge is laid under a statutory rule, regulation, or by-law which is
required by law to be published in the Government Gazette, the prosecution is
not bound to produce the Gazette in which the rule or regulation or by-law
appears in proof thereof in order to establish the charge.
There would be a sufficient compliance with the requirements of the law if in
the complaint or report to Court there is a reference to the Gazette in which
the rule invoked appears.
Marambe v. Kiri Appu (2 C. L. W. 122) and Inspector of Police v. Punchirala (5
C. L. W. 38) overruled.
THE
accused was charged with having failed to
affix a board bearing the name of the owner legibly painted in white on a black
ground to the right side of the tent in breach of section 7A of the by-laws
framed under section 18 of the Vehicles Ordinance, No. 4 of 1916, and published
in Government Gazette on A
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