District Courts of Sri Lanka

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The District Courts in Sri Lanka are lower courts headed by a District Judge who is vested with original civil jurisdiction. [1] In metropolitan areas such as Colombo there are multiple District Courts in one location.

Sri Lanka Island country in South Asia

Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, is an island country in South Asia, located in the Indian Ocean to the southwest of the Bay of Bengal and to the southeast of the Arabian Sea. The island is historically and culturally intertwined with the Indian subcontinent, but is geographically separated from the Indian subcontinent by the Gulf of Mannar and the Palk Strait. The legislative capital, Sri Jayawardenepura Kotte, is a suburb of the commercial capital and largest city, Colombo.

A lower court is a court from which an appeal may be taken. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed, which may be the original trial court or appellate court lower in rank than the superior court which is hearing the appeal.

The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. Original jurisdiction refers to the right of the Supreme court to hear a case for the first time. It has the exclusive right to hear all cases that deal with disputes between states, or between states and the union government. It also has original jurisdiction over cases brought to the court by ordinary people regarding issues to the importance of society at large.

Contents

Jurisdiction

Originally District Judges were appointed to major cities and towns to hear civil cases, current District Courts are established under the Judicature Act, No. 2 of 1978 to each judicial division in Sri Lanka. The Minister in charge of the subject of Justice in consultation with the Chief Justice and the President of the Court of Appeal would define the territorial limits of each judicial division. At present there are 54 judicial districts in Sri Lanka. [2]

Minister of Justice (Sri Lanka) Justice Minister in Sri Lanka

The Minister of Justice is an appointment in the Cabinet of Sri Lanka.

The Chief Justice of the Democratic Socialist Republic of Sri Lanka is the head of the judiciary of Sri Lanka and the Supreme Court of Sri Lanka. Established in 1801, the Chief Justice is one of ten Supreme Court justices; the other nine are the Puisne Justices of the Supreme Court of Sri Lanka. The post was created in 1801. The Chief Justice is nominated by the Constitutional Council, and appointed by the President. The first Chief Justice was Codrington Edmund Carrington. The 46th and current Chief Justice is Nalin Perera.

Court of Appeal of Sri Lanka, commonly known as the Appeal Court, is the second most senior court in the Sri Lankan legal system, with only the Supreme Court of Sri Lanka above it. Established in 1971, under the Court of Appeal Act No. 44 of 1971 the Appeal Court has jurisdiction to hear appeals from the High Court or any lower court, while its own decisions may be additionally appealed to the Supreme Court. The Appeal Court his headed by the President of the Court of Appeal.

It has unlimited original jurisdiction of;

Insolvency is the state of being unable to pay the money owed, by a person or company, on time; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.

Jurisdiction of commercial disputes higher than Rs. 3 million in value and arising in the Western Province, is exercised by the High Court of Colombo. Appeals from judgments, decrees and orders of the District Court lie to the Court of Appeal.

The High Court in Sri Lanka is the only court which exercises the jurisdiction of the court of first instance and the appellate jurisdiction with both civil and criminal jurisdiction.

Appointment and removal of District Judges

All District Judges are appointed by the Judicial Service Commission, which has power of dismissal and disciplinary control of the District Judges. Additional District Judges would be appointed to a District Court. [3]

The Judicial Service Commission (JSC) of Sri Lanka is established under Article 112 of the Constitution of Sri Lanka. The first commission was established in 1947.

See also

Supreme Court of Sri Lanka highest court of Sri Lanka

The Supreme Court of Sri Lanka (Tamil: இலங்கை உயர் நீதிமன்றம் Ilankai uyar neetimanram) is the highest court of Sri Lanka. The Supreme Court is the highest and final judicial instance of record and is empowered to exercise its powers, subject to the provisions of the Constitution. The Court has ultimate appellate jurisdiction in constitutional matters, and take precedence over all lower Courts. The Sri Lanka judicial system is complex blend of both common-law and civil-law. In some cases such as capital punishment, the decision may be passed on to the President of the Republic for clemency petitions.

Constitution of Sri Lanka Sri Lankan Constitution of 1978

The Constitution of the Democratic Socialist Republic of Sri Lanka has been the constitution of the island nation of Sri Lanka since its original promulgation by the National State Assembly on 7 September 1978. As of May 2015 it has been formally amended 19 times.

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The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. It is vested with unlimited civil and criminal jurisdiction, although outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court.

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References

  1. ↑ "Judicial Hierarchy". jsc.gov.lk. Retrieved 2017-10-20.
  2. ↑ "COURTS OF LAW IN SRI LANKA".
  3. ↑ "Judicial Service Commission Secretariat". jsc.gov.lk. Retrieved 2017-10-20.
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