The Government Agent, Central Province, v. Letchiman Chetty

The Government Agent, Central Province, v. Silva

The Holland-Ceylon Commercial Co. v. Mahuthoompillai

The King v. Mendiya

The King v. Selliah

The King v. Silva

The Mudaliyar of Rayigam Korale v. Sinnappu

Valliamma v. Lowe

Velupillai v. Muttupillai

36

62

152

120

18

493

219

481

126

ERRATA.

Page 1, top-for "180-D. C. Kandy" read " 180-D. C. Kurunegala."
Page 101, Line 5-for "to" read “te."

Line 5-for "opertet" read "oportet.”
Line 7-for "es" read “sis.”

Line 9-fores read "sis."
Line 32-After

insert (urbana prædia)” tenements (rustica prædia)."

Page 102, Line 33—for “comments in

Page 103, Line 18 for "fummi” read “
Line 28-Omit the first "be."

comment is."

read "
summi."

Page 188, Line 22-for cure of defects" read in case of defects."

Page 252, Line 1-for" statement" read “ abatement."

Abatement

Acquisition of land

DIGEST.

Accused

1. Statement by one accused implicating the other accused made outside Court

2. Agreement by accused to pay compensation-Implied confession

3. Evidence given by an accused which implicates a co-accused

Acrobatic performance

Is wrestling match acrobatic performance

Actio conductio

PAGE

252

36

485

485

327

148

42

Action—

1. Mere constructive possession is not a sufficient basis for an action for trespass

2. Numerous proprietors out of the Island-Application by plaintiff to appoint some one proprietor to defend the action on behalf of all

4.

3. Answer professing to bring money into Court—Money not
brought Answer filed-Application to dismiss action
Action for declaration of nullity of marriage-Wife preg.
nant at time of marriage—Fraudulent concealment of fact
Court of Requests-Misjoinder of causes of action-
Action by usufructuary mortgagee for damages in respect
of two contiguous lots-Action against three trespassers as to
one lot, and against two only as to the other lot

5.

6.

7.

8.

9.

10.

2

Goods ordered from abroad by a firm of importers for com-
mission-Failure of person ordering to accept delivery-
Action for damage-Must action be instituted by foreign
shipper?-Repudiation of contract-Is the other party
bound to take steps to minimize damages ?

Action for incumbency and possession of a temple-Denial
by second defendant that he made any claim-Dismissal
of action against second defendant-Writ of possession
against first defendant-Resistance by second defendant-
Is second defendant bound by decree?

Action on a mortgage bond against mortgagor and purchaser
-Application after trial to add the purchaser, pendente
lite, as party to action-Power of Court to delay entering up
of decree-Policy of the Code to avoid multiplicity of actions
Business Names of Ordinance, No. 6 of 1918-Action to
to be dismissed if provision is not complied with-Court
to act ex mero motu-Objection may be taken at any stage
Vexatious Actions Ordinance, No. 20 of 1919-Ability
to pay costs of unsuccessful actions-Number of actions-
Possible cause of actions

11. Action by lessees for cancellation of lease-One plaintiff becoming lunatic, pending action, and disappearing-Right of other plaintiff to go on with the action

Adding parties

Administration of justice

PAGE

472

..73, 210

Administration of justice should be free from suspicion-Procior advising one party hearing case as District Judge.

It is important that the administration of justice should be free from even the suggestion of suspicion. A person acting as District Judge who has advised one of the parties should not proceed to try a case without getting the express consent of both parties.

Though no objection was taken at the hearing or in the petition of appeal, the Supreme Court sent the case back for re-hearing before another Judge.

Agent

DINGIRI MAHATMAYA v. MUDIYANSE et al., 98, District
Court, Ratnapura, 3,598

377

See PRINCIPAL AND AGENT.

Agreement

Agreement that judgment should be entered if costs of the day

are not paid

See also CONTRACT.

Alimony

Amendment of plaint

Animal

Answer

Appeal

1.

411

201

199

65, 202, 325

55

Leave to appeal on facts-When to be granted by Magistrate.
A Magistrate is not to grant leave to appeal on facts
where no appeal lies on facts, unless he has some doubt.

FARQUHARSON v. PITCHEY, 242, Police Court, Colombo,
21,718

2. Appeal-Housing and Town Improvement Ordinance, No. 19
of 1915, s. 74—" Closing order" prohibiting the use of a
building by Magistrate-Appeal to Supreme Court-
Tribunal of Appeal.

An appeal lies to the Supreme Court from a closing
order " made by a Police Magistrate under section 74 (1) of
the Housing and Town Improvement Ordinance, No. 19 of
1915, prohibiting the use of a building for human habitation.

THE CHAIRMAN, SANITARY BOARD, v. KANAGARATNAM,
212, Police Court, Matale, 17,603 ..

3. Appeal Security for costs-Money deposited-No bond
hypothecating money-Civil Procedure Code, ss. 756 and
757-Ordinance No. 42 of 1921-Power of Supreme Court
to grant relief-Cure of defects.

160

185