The Constitution of the Democratic Socialist Republic of Sri Lanka
(2) The Supreme Court shall, in the exercise of its
jurisdiction, have sole and exclusive cognizance by way of
appeal from any order, judgement, decree, or sentence made by
the Court of Appeal, where any appeal lies in law to the
Supreme Court and it may affirm, reverse or vary any such
order, judgement, decree or sentence of the Court of Appeal and
may issue such directions to any Court of First Instance or order
a new trial or further hearing in any proceedings as the justice
of the case may require and may also call for and admit fresh or
additional evidence if the interests of justice so demands and
may in such event, direct that such evidence be recorded by the
Court of Appeal or any Court of First Instance.
l28. (1) An appeal shall lie to the Supr eme Cour t fr om
any final order, judgement, decree or sentence of the Court of
Appeal in any matter or proceedings, whether civil or criminal,
which involves a substantial question of law, if the Court of
Appeal grants leave to appeal to the Supreme Court ex mero
motu or at the instance of any aggrieved party to such matter or
proceedings.
(2) The Supreme Court may, in its discretion, grant
special leave to appeal to the Supreme Court from any final
or interlocutory order, judgement, decree, or sentence made
by the Court of Appeal in any matter or proceedings, whether
civil or criminal, where the Court of Appeal has refused to grant
leave to appeal to the Supreme Court or where in the opinion
of the Supreme Court, the case or matter is fit for review by the
Supreme Court :
Provided that the Supreme Court shall grant leave to
appeal in every matter or proceedings in which it is satisfied
that the question to be decided is of public or general
importance.
(3) Any appeal from an order or judgement of the Court of
Appeal, made or given in the exercise of its jurisdiction under
Article 139, 140, 141, 142 or 143 to which the President, a
Minister, a Deputy Minister or a public officer in his official
capacity is a party, shall be heard and determined within two
months of the date of filing thereof.
(4) An appeal shall lie directly to the Supreme Court on
any matter and in the manner specifically provided for by any
other law passed by Parliament.
104
[(5) Any application for leave to appeal or special leave
to appeal made to the Supreme Court under this Article may be
granted or refused, as the case may be, by not less than two
Judges of the Supreme Court.]
104 - Inserted by the Twentieth Amendment to the Constitution Sec. 29.
Right of
Appeal
103
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