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MAINTENANCE LAW

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LEGAL PROVISIONS AND DECIDED CASES ON MAINTENANCE LAW Duncan Abeynayaka – LLB, Attorney At Law   MAINTENANCE ACT, No. 37 OF 1999 PREAMBLE AN ACT TO PROVIDE FOR THE MAINTENANCE OF CHILDREN, ADULT OFFSPRING, DISABLED OFFSPRING AND SPOUSES UNABLE TO MAINTAIN THEMSELVES ; TO ENSURE COMPLIANCE OF THE LAW RELATING TO MAINTENANCE WITH THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.   PARENTAGE (PATERNITY) - DNA 01. WEERASINGHE V JAYASINGHE 2007 (2) SRI L.R 50 May 24. 2007 DR. SHIRANI BANDARANAYAKE, J. When this matter was taken up for hearing, learned Counsel for the appellant brought to the notice of this Court that there is a report of the DNA test, setting out the results that the appellant is not the father of the child of the applicant-respondent respondent (hereinafter referred to as the respondent). This Court had thereafter directed the appellant to obtain a special medical opi
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PROSECUTE THE SUSPECT

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  WHEN TO PROSECUTE THE SUSPECT. Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 120. (1) Every investigation under this Chapter shall be completed without unnecessary delay. Where such investigation cannot be completed within fifteen days the officer in charge of the police station or the inquirer shall transmit to the Magistrate's Court having jurisdiction in the case, a report of the facts and the progress of the investigation at the end of the fifteen days and thereafter at the end of every period of fifteen days until completion of the investigation. (2) The detention ordered under subsection (3) of section 115 shall be for periods of fifteen days at a time. (3) As soon as the investigation is completed the officer in charge of the police station shall forward to such court a report in the prescribed form. If in the report there is no allegation that the suspect has committed or been concerned in the committing of any offence the Magistrate shall d
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CONTRADICTIONS & OMISSIONS.

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LAW AND BACKGROUND REGARDING CONTRADICTIONS & OMISSIONS Duncan Abeynayaka – LLB, Attorney At Law.   CONTRADICTION – CLEAR DIFFERENCE/ DISPARITY/DISTINCTION BETWEEN THE EVIDENCE GIVEN AT THE COURT AND THE PREVIOUS STATEMENTS. OMISSION – A NEW FACT GIVEN AS A EVIDENCE IN A COURT, WHICH IS NOT IN PREVIOUS STATEMENTS.   CODE OF CRIMINAL PROCEDURE ACT NO 15 OF 1979 109 (1)             Every information relating to the commission of an offence may be given orally or in writing to a police officer or inquirer. 109 (2)             If such information is given orally to a police officer or to an inquirer, it shall be reduced to writing by him in the language in which it is given and be read over to the informant;… 110 (1)             Examination of witnesses by police officer or inquirer.          …… The police officer or inquirer recording the statement shall append below each statement recorded by him the following certificate: - "I .....hereby declare
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FREEDOM FROM TORTURE.

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  CONSTITUTIONAL ARTICLES & DECIDED JUDGEMENTS ON FREEDOM FROM TORTURE. Duncan Abeynayaka – LLB, Attorney At Law   SRI LANKA'S CONSTITUTION OF 1978 Article 11 No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.   UNIVERSAL DECLARATIONS OF HUMAN RIGHTS Article 05 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.   INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Article 07 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.   CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT No. 22 of 1994 SEC 2. (1) Any person who tortures any other person shall be guilty of an offence under this Act. (2) Any person who” (a) attempts to commit; (b) aids and abets in commi
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POWERS OF POLICE OFFICERS IN NON COGNIZABLE OFFENCES

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POWERS OF POLICE OFFICERS IN NON COGNIZABLE OFFENCES Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 118. (1) If an inquirer or a police officer who is investigating any non-cognizable offence is of opinion that it is necessary to exercise any power conferred upon him by this Act which could be exercised only in respect of a cognizable offence he shall, upon receiving an order from a Magistrate, be entitled to exercise such power in respect of such non-cognizable offence. (2) Subject to the provisions of section 37, every inquirer and officer in charge of a station shall have power to authorize the detention of a person during an investigation. Jaraki v. Goonetilleke 60 NLR 58 A person accused of committing a non-cognizable offence cannot be detained in custody under the provisions of section 33 (2) of the Criminal Procedure Code unless there is some proof of acts of preparation by him for imminent departure from Ceylon or of intention so to d
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PRODUCE THE SUSPECT BEFORE COURT.

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  FORWARD THE SUSPECT AND CASE BEFORE THE MAGISTRATE'S COURT. Duncan Abeynayaka – LLB, Attorney At Law   CODE OF CRIMINAL PROCEDURE ACT 116. (1) If upon an investigation under this Chapter it appears to the officer in charge of the police station or the inquirer that the information is well founded such officer or inquirer shall forward the suspect under custody before the Magistrate's Court having jurisdiction in the case, or if the offence is bailable and the suspect is able to give security, shall take security from him for his appearance before such court. (2) When the officer in charge of a police station or an inquirer forwards a suspect before, a Magistrate's Court or takes security for his appearance, he shall send to such court any weapon or other article or document or specimen or sample which it may be necessary to produce before such court, and shall require the complainant (if any) and so many of the persons who appear to such an officer or inquir
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