Sri Lanka Consolidated Acts

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Primary Courts' Procedure Act (No. 44 of 1979) - Sect 58

Powers of the Court of appeal on appeals

58. Upon appeal the Court of Appeal may
(a) in a criminal case
(i) affirm the judgment, conviction, sentence or final order appealed from and dismiss the appeal; or
(ii) allow the appeal and set aside the judgment, conviction, sentence or final order appealed from and order a retrial or acquit the appellant or make such other order as may be appropriate; or
(iii) vary the judgment, conviction, sentence or final order appealed from or reduce or enhance the sentence or the nature thereof ; where the sentence is enhanced, the sentence shall not exceed the sentence which a Primary Court could impose ; or
(iv) where the appeal is from an order of acquittal reverse such order and direct a new trial;
(b) in a civil case-
(i) affirm the judgment, decree or order and dismiss the appeal; or
(ii) allow the appeal and set aside the judgment, decree or order ; or
(iii) vary the judgment, decree or order; and (iv) order costs in an amount which seems to the court to be reasonable.


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