110
The Constitution of the Democratic Socialist Republic of Sri Lanka
Power to bring up
and remove
prisoners
1 4 2 . The Court of Appeal may direct –
(i)
that a prisoner detained in any prison be brought
before a court-martial or any Commissioners
acting under the authority of any Commission
from the President of the Republic for trial or to be
examined relating to any matters pending
before any such court-martial or Commissioners
respectively; or
(ii) that a prisoner detained in prison be removed from
one custody to another for purposes of trial.
Power to grant
injunction
143. The Court of Appeal shall have the power to grant
and issue injunctions to prevent any irremediable mischief
which might ensure before a party making an application for
such injunction could prevent the same by bringing an action
in any Court of First Instance:
Provided that it shall not be lawful for the Court of
Appeal to grant an injunction to prevent a party to any action
in any court from appealing to or prosecuting an appeal to the
Court of Appeal or to prevent any party to any action in any
court from insisting upon any ground of action, defence or
appeal, or to prevent any person from suing or prosecuting in
any court, except where such person has instituted two separate
actions in two different courts for and in respect of the same
cause of action, in which case the Court of Appeal shall have
the power to intervene by restraining him from prosecuting one
or other of such actions as to it may seem fit.
Parliamentary
election
petitions
144. The Court of Appeal shall have and exercise
jurisdiction to try election petitions in respect of the election to
the membership of Parliament in terms of any law for the time
being applicable in that behalf.
Inspection of
records
145. The Court of Appeal may, ex mero motu or on
any application made, call for, inspect and examine any record
of any Court of First Instance and in the exercise of its
revisionary powers may make any order thereon as the
interests of justice may require.
Sittings of the
Court of Appeal
146. (1) The Court of Appeal shall ordinarily exercise
its jurisdiction at Colombo:
Provided however that the Chief Justice may from
time to time when he deems it so expedient direct that the
Court of Appeal shall hold its sittings and exercise its
jurisdiction in any judicial zone or district, specified in the
direction.
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