Sri Lanka Consolidated Acts

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Primary Courts' Procedure Act (No. 44 of 1979) - Sect 62

Court of Appeal may call for record and make order

62.
(1) The Court of Appeal may of its own motion or on application by any aggrieved party call for and examine the record of any case whether already tried or pending in a Primary Court for the purpose of satisfying itself as to the legality or propriety of any sentence or order passed thereon or as to the regularity of the proceedings of such court
(2) In any such case, the Court of Appeal may make any of the orders referred to in section 58.
(3) An order under this section may not be made in a criminal case to the prejudice of the accused unless he has had an opportunity of being heard either personally or by his attorney-at-law.
(4) Anything in this section shall not be construed to authorize the Court of Appeal to convert a finding of acquittal into one of conviction.
(5) Except as herein before provided, a party shall not have any right to be heard either personally or by attorney-at-law before the Court of Appeal when exercising its powers of revision:
(6) The provisions of section 60 shall apply in respect of the orders made by the Court of Appeal in the exercise of its powers of revision.


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