108
The Constitution of the Democratic Socialist Republic of Sri Lanka
The Court of Appeal
The Court of
Appeal
137. The Court of Appeal shall consist of the President of
the Court of Appeal and not less than six and not more than
110
[nineteen] other Judges who shall be appointed as provided
in Article 107.
Jurisdiction of the
Court of Appeal
138. (1) The Court of Appeal shall have and
exercise subject to the provisions of the Constitution or of any
law, an appellate jurisdiction for the correction of all errors in
fact or in law which shall be 111[committed by the High Court,
in the exercise of its appellate or original jurisdiction or by
any Court of First Instance], tribunal or other institution and
sole and exclusive cognizance, by way of appeal, revision and
restitutio in integrum, of all causes, suits, actions,
prosecutions, matters and things 112[of which such High Court,
Court of First Instance] tribunal or other institution may have
taken cognizance:
Provided that no judgement, decree or order of any
court shall be reversed or varied on account of any error,
defect or irregularity, which has not prejudiced the substantial
rights of the parties or occasioned a failure of justice.
(2) The Court of Appeal shall also have and exercise all
such powers and jurisdiction, appellate and original, as
Parliament may by law vest or ordain.
Powers in appeal
139. (1) The Court of Appeal may in the exercise of
its jurisdiction, affirm, reverse, correct or modify any order,
judgment, decree or sentence according to law or it may give
directions to such Court of First Instance, tribunal or other
institution or order a new trial or further hearing upon such
terms as the Court of Appeal shall think fit.
(2) The Court of Appeal may further receive and
admit new evidence additional to, or supplementary of, the
evidence already taken in the Court of First Instance touching
the matters at issue in any original case, suit, prosecution or
action, as the justice of the case may require.
110 - Substituted by the Twentieth Amendment to the Constitution Sec. 31 for the word “eleven”.
111 - Substituted by the Thirteenth Amendment to the Constitution Sec. 3(a) for "committed by any Court of First Instance”.
112 - Substituted by the Thirteenth Amendment to the Constitution Sec. 3(b) for "of which such Court of First Instance”.
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