ANNUAL REPORT OF THE SRI LANKA JUDGES’ INSTITUTE · ANNUAL REPORT OF THE SRI LANKA JUDGES’ INSTITUTE ... a document that outlines the conclusions drawn about ... Succession under

Sri Lanka Judges’ Institute Annual Report -Year 2011

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ANNUAL REPORT OF THE SRI LANKA JUDGES’ INSTITUTE

FOR THE YEAR 2011

1. INTRODUCTION TO THE ANNUAL REPORT

The Director of the Sri Lanka Judges’ Institute takes the pleasure in presenting

the Annual Report of the Sri Lanka Judges’ Institute for the year ended 31st

December 2011, a document that outlines the conclusions drawn about

operations, prospects and the financial ability of the future Annual Reports and

Accounts provided, snap sheet view of the performance of the Sri Lanka

Judges’ Institute in the past year. This Report also illustrates how the Institute

focused on ensuring that it achieved its objectives in the best possible way in

the past one year.

2. OUR VISION

In providing our facilities, the Institute is committed to achieving its objectives

for the next 5 years and its vision is that by 2015, the Judiciary will be a place

where the Judicial Officers will have the opportunity to enhance their

knowledge, quality of justice and technological competence through

continuing judicial education and research to improve judicial administration

and the management of cases.

3. OUR MISSION

In order to achieve the aforesaid objectives, the Judges’ Institute is committed

to ensuring a high standard of judicial performance through programs

designed with the focus on judicial education, capacity enhancement

(including skills development), attitudinal change and social commitment. It is

also committed to further developing and adopting improved judicial

administration and management through education and research. The

programs of the Institute are intended to cater to original Court Judges and

Presidents of Labour Tribunals coming within the purview of the Judicial

Service Commission.


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4. OUR OBJECTIVES

This corporate plan for the next 3 years is intended to achieve the following

objectives of the Judges’ Institute commencing from 01.01.2013 to 31.12.2015.

(i). providing facilities for the exchange of views and ideas on judicial and

legal matters by judicial officers;

(ii). organizing and holding meetings, conferences, lecturers, workshops

and seminars with a view to improving the professional expertise of

judicial officers and advancing their knowledge and skills;

(iii). formulating and conducting training and research courses in various

aspects of the administration of justice; and

(iv). providing library facilities and other educational material for judicial

officers.

5. MANAGEMENT AND THE STAFF OF THE SRI LANKA JUDGES’ INSTITUTE

The Sri Lanka Judges’ Institute was established by an Act of Parliament titled

“Sri Lanka Judges’ Institute Act” No. 46 of 1985 to provide for the

establishment of a Judges’ Institute and for matters connected therewith or

incidental thereto.

According to section 3 of the Act Sri Lanka Judges’ Institute has a Board of

Management comprising of the Hon. Chief Justice and two Judges of the

Supreme Court appointed by His Excellency the President. Her Ladyship the

Chief Justice is the chairperson of the Board and the administration and

management of the Institute is vested in the Board of Management.

The Board appoints the Institute’s Director and such other officers and

servants, in its necessary for carrying out the objects of the Institute and to

exercise disciplinary control (including the power of dismissal) over the

Director, officers and servants of the Institute. The Board also has the power to

determine the remuneration and terms of service of the Director, officers and

servants of the Institute.

The organizational structure of the Institute in the year 2011 was as follows:


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BOARD OF MANAGEMENT

1. Hon. Chief Justice (Chairperson)

2. Judge of the Supreme Court

3. Judge of the Supreme Court

Co-Director- 1 Co-Director- 1

Secretary 01

Office Assistant 01

Driver 01

6. ACTIVITIES OF THE SRI LANKA JUDGES’ INSTITUTE FOR THE PERIOD

The following were some of the major activities carried out by the Institute in

the year 2011:

1. 35 Saturday Seminars were conducted for Magistrates and District

Judges as follows:


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Date Speaker Topic Judges

2011.01.22 Hon. W.A. Salam – Judge

of the Court of Appeal

Section 66 applications

under Primary Court

Procedure Act.

34

2011.01.29 Hon. K.T.Chitrasiri- Judge


Conduct of trail and

inquires in a civil suit.

25

2011.02.05 Mr. Palitha Fernando –

Additional Solicitor

General

Doctrine of Vicarious

Liability in Criminal Law.

36





33

2011.02.19 Hon. T.B. Weerasuriya –

Retired Judge of the

Supreme Court



30

2011.02.26 Hon. Gamini

Amarathunga- Judge of

the Supreme Court

Hearsay evidence

Exceptions to the Rule of

Exclusion.

32



General



34

2011.03.12 Hon. Eric Basnayake –

Judge of the Court of

Appeal

Testamentary Proceeding

– Steps and Trial.

36



the Supreme Court

Hearsay evidence

Exceptions to the Rule of

Exclusion.

35

2011.04.30 Hon. Hector Yapa –

Former Supreme Court

Law relating to Bail 33


5

Judge



General



30



the Supreme Court

Hearsay evidence

Exceptions to Hearsay

Rule.

32

2011.05.28 Hon. Anil Goonarathne –


Appeal

Liability in Negligence.

Application of Res Ipsa

Loquitur.

Quantum of damages.

32

2011.06.04 Hon. Hector Yapa –

Former Supreme Court

Judge

Law relating to Bail 33

2011.06.11 Hon. S. Sureshchandra –

Judge of the Supreme

Court

Marshaling and evaluation

of evidence in writing of

judgments.

31

2011.06.18 Hon. Anil Goonarathne –


Appeal

Liability in Negligence.

Application of Res Ipsa

Loquitur.

Quantum of damages.

28



Writing of Judgments and

execution of decree.

23



Writing of Judgments and


28

2011.07.09 Hon.S.Sriskandarajah-




33


6

Appeal judgments.



Writing of Judgment and


28

2011.07.30 Hon. S.Sriskandarajah-


Appeal



judgments.

32

2011.08.27 Hon. Anil Goonarathne -


Appeal

(a)Liability in Negligence

(b)Application of Res Ipsa

Loquitur

(c)Quantum of damages

28

2011.09.03 Hon.Eric Basnayake-


Appeal

Steps relating to the

investigation process in

non-summary inquiries in

respect of

(a) Inquests of death

(b) Identification

parades

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2011.09.10 Mr.Buweneka Aluvihare-

Deputy Solicitor General

The Law relating to rash

and negligent acts in terms

of sections 327,328,329

and 298 of the Penal Code

and relevant provisions of

the Motor Traffic Act and

the relevancy of the

Doctrine of Res Ipsa

Loquitur.

36

201.09.17 Hon. A.W.A.Salam-Judge


Law relating to Trusts. 31


7

2011.09.24 Dr.Wickrema

Weerasooriya

Buddhist Temporalities

Ordinance and mode of

succession under

Ecclesiastical Law

35

2011.10.01 Mr.Buweneka Aluvihare-

Deputy Solicitor General

The Law relating to rash

and negligent acts in terms

of sections 327,328,329

and 298 of the Penal Code

and relevant provisions of

the Motor Traffic Act and

the relevancy of the

Doctrine of Res Ipsa

Loquitur.

32

2011.10.15 Hon. W.L.R.Silva –Judge


Matrimonial Actions 34

2011.10.22 Dr.Wickrema

Weerasooriya

Buddhist Temporalities

Ordinance and mode of

succession under

Ecclesiastical Law

35

2011.10.29 Hon. W.L.R.silva –Judge


Matrimonial Actions 34

2011.11.05 Hon. Saleem Marsoof-


Court

Succession under Muslim

Law and proprietary Rights

of adopted children.

33

2011.11.12 Hon. K.Suresh Chandra-


Court

Drafting of Labour Tribunal

Orders.

35

2011.11.19 Hon. Saleem Marsoof-


Court

Succession under Muslim

Law and proprietary Rights

of adopted children.

31


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2011.11.26 Hon. A.W.A.Salam-Judge


Law relating to Trusts. 36

2011.12.03 Hon. S.Srisksndarajah-

President of the Court of

Appeal

Evaluation of evidence and

writing of judgment in a

Criminal case.

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2. A two day colloquium was held at the Jet wing Hotel, Negombo, for High

Court Judges and Judicial officers on 12th and 13th February 2011, on the

subject of “Trafficking in Persons in Sri Lanka”.

3. A two day colloquium was held at the Royal Palms Beach Hotel for High

Court Judges on 19th and 20th March 2011 on the subject of “Child

Protection and Victim-Friendly Court Processes”.

4. A Colloquium was held at the Amaya Lake Hotel, Dambulla for Judicial

Officers on 08th on 11th April on the subject of “Judicial Colloquium and a

Training Workshop for Judicial officers of the northern and Eastern

Provinces”.

5. A Colloquium was held at the Colombo Hilton Residence for Labour

Tribunal Presidents on 23rd April 2011 on the subject of “The Impact of

ILO Conventions on the Adjudication of Disputes before Labour

Tribunals”.

6. A Colloquium was held at the Hilton Hotel, Colombo, for Judicial Officers

Judges on 09th to 13th May 2011, on the subject of ‘Crime

Investigations”.

7. A two day colloquium was held at the Chaya Village Habarana, for High

Court Judges on 11th and 12th June 2011, on the subject of “Child

Protection and Victim – Friendly Court Processes.

8. A two day colloquium was held at the Jetwing Hotel, Negombo, for

Magistrates on 08th and 09th August 2011, on the subject of “Trafficking

in Persons and Forced Labour”.


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9. Additional telephone facilities have been provided for the Judges of all

Provinces in the Island including Northern and Eastern Provinces.

10. Newly appointed Magistrates commended their training on 01st

December 2011 at the Auditorium of the Sri Lanka Judges’ Institute.

10. A two day Colloquium was held at the Jetwing Beach Hotel, Negombo

for Magistrates on 12th and 13th November 2011 on the subject of

“Trafficking in Persons in Sri Lanka”

11. A Telephone Advisory was made available to all the Judges of the Island

inclusive of the North and Eastern Provinces by the Institute during the

aforesaid period.

During the period under review the Judges’ Institute which was situated at

Room No. 1308, Superior Courts Complex, Hulftsdorp was located in the 6th

floor and a part of the 5th floor of the New Building of the Ministry of

Justice. The Judges’ Institute was provided with a modern Auditorium and a

modern Library with 25 Computer to be used by the Judicial Officers. The

lectures and Seminars were conducted in the Auditorium of the Judges’

Institute after moving to new location.

7. ACQUISITION OF CAPITAL ASSESTS:

(I) Acquisition of a modern Auditorium

This modern Auditorium was built by the Ministry of Justice and handed

over to the Judges’ Institute in September 2011; The Institute has a

modern Auditorium with audio and video recording facilities with a

seating capacity of 60. All lectures for Saturday seminars at present are

conducted in the Auditorium of the Institute.

(2) A modern Library with 25 networked computers with Accessories

with computer tables and chairs, nearly 300 books, some journals and

two projectors for power point presentations.

8. FUNDS


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The Institute has its own fund which is administered by the Board of

Management of the Institute. The Institute is mainly financed from the

Treasury grants channeled through the Ministry of Justice both for its capital

and recurrent expenditure. During the year under review the Treasury made

available SLR 2 M as Capital Grant and SLR 13 M as Recurrent Grant.

In terms of the provisions of the Sri Lanka Judges’ Institute Act No. 46 of 1985,

the Institute has authority to accept donations, gifts and grants from any

source approved by the President and all such donations, gifts and grants

received by the Institute from any source shall be paid into the Fund. All

expenses incurred in the administration and management of the Institute

(including the payment of remuneration) shall be paid out of the Fund of the

Institute.

9. SIGNIFICANT ACCOUNTATING POLICIES

(1) The financial statements are prepared in accordance with generally

accepted Accounting principles and the Accounting Standard laid down by the

Institute of Charted Accountants of Sri Lanka.

APPRECIATION

The Sri Lanka Judges’ Institute appreciates the assistance and cooperation

given by the following:

1. The Secretary and Staff of the Ministry of Justice.

2. The Secretary to the Treasury and Staff of the Treasury.

Ruwan Fernando

Director,

Sri Lanka Judges’ Institute


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INCOME AND EXPENDITURE ACCOUNT- 2011

SRI LANKA JUDGES INSTITUTE

BALANCE SHEET AS AT 31.12.2011

2010 Rs.cts

85,251 FIXED ASSETS-SCHEDULE 01 72,695.76 0 FIXED DEPOSITS 0.00

85,251 72,695.76

CURRENT ASSETS

5,928 STOCK NOTE -01 3,503.50

343,314 SAVINGS ACCOUNT 418,261.73

3,049,016 CASH AT BANK 5,590,183.41

3,483,509 6,084,644.40

FINANCED BY

2,243,019 ACCUMULATED FUND 3,378,508.70

1,135,490 ADD. EXCESS OF INCOME OVER EXPENDITURE 2,581,135.70

3,378,509 5,959,644.40

CURRENT LIBILITIES

105,000 ACCRUED EXPENDITURE NOTE 02 125,000.00

3,483,509 6,084,644.40

Income 8,044,474.07

Expenditure 5,463,338.37

Balance 2,581,135.70


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SRI LANKA JUDGES INSTITUTE

INCOME & EXPENDITURE ACCOUNT FOR THE

YEAR ENDED 31.12.2011

2010

Rs.cts

Rs.cts

INCOME

7,638,500 GRANT FROM MINISTYR 8,000,000.00

12,687 INTEREST RECIVED-SAVINGS ACCOUNT 44,474.07

7,651,187 8,044,474.07

LESS: EXPENDITURE

1,547,260 SALARIES 1,509,953.50

118,488 OVER TIME & SUBSISTENCE 118,897.50

53,448 EPF 76,542.45

13,364 ETF 19,135.53

23,716 OFFICE STATIONJERY 46,155.50

113,407 TELEPHONE CHARGES 100,337.99

55,210 REPAIRAS & ,AINTENANCE OF EQUIPMENT 62,205.67

4,085,310 SEMINAR & TRAINING PROGRAMS 2,909,620.00

25,000 HONORARIUM TO BOARD MEMBERS 12,000.00

367,500 RUNNING EXPENSES 374,000.00

15,000 ACCOUNTING CHARGES 21,000.00

1,450 BINDING CHARGES 1,200.00

10,705 BANK CHARGES 3,766.98

15,000 AUDIT FEE 172,390.00

1,530 POSTAGE 3,260.00

5,753 STAFF WELFARE 8,318.00

51,000 LECTURE FEES 12,000.00 5,450,783.12

1,148,046 EXCESS OF INCOME OVER EXPENDITURE 2,593,690.95

BEFORE CHARGING DEPRECIATION

12,555 LESS: DEPRECITION-NOTE 03 12,555.25

1,135,490 EXCESS OF INCOME OVER EXPENDITURE 2,581,135.70

TRANSFERRED TO ACCUMULATED FUND


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SRI LANKA JUDGES INSTITUTE FIXED ASSETS SCHEDULE

DESCRIPTION COST AS

AT ADDITIONS DEDUCTION COST AS

AT ACC.DEP DESCRIPTION ACC.DEP W.D.V.

01.01.2011 DURING

THE DURING THE 31.12.2011 AS AT FOR THE AS AT AS AT

YEAR YEAR 01.01.2011 YEAR 31.12.2011 31.12.2011

OFFICE EQUIPMENT 362,105.00 0.00 0.00 362,105.00 300,538.50 8,608.50 309,147.00 52,958.00

FURNITURE & FITTINGS 86,292.50 0.00 0.00 86,292.50 62,609.99 3,946.75 66,556.74 19,735.76

LIBRARY BOOKS 77,465.85 0.00 0.00 77,465.85 77,464.85 - 77,464.85 1.00

COMPUTER EQUIPMENTS 191,850.00 0.00 0.00 191,850.00 191,849.00 - 191,849.00 1.00

717,713.35 0.00 0.00 717,713.35 632,462.34 12,555.25 645,017.59 72,695.76

NOTE -01

STOCK 3,503.50

STATIONERY 3,503.50

NOTE -02

ACCRUED EXPENDITURE

TELEPHONE CHARGES 15,000.00

ACCOUNTING CHARGES 18,000.00

AUDIT FEE 92,000.00

125,000.00

NOTE -03

DEPRECIATION

The depreciation on fixed assets is calculated using the-straight-line method to allocate their:

cost or re-valued amounts to residual values over the estimated useful lives as follows.

OFFICE EQUIPMENT 10%

FURNITURE & FITTINGS 10%

LIBRARY BOOKS 71/2%

COMPUTER 331/3%


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CASH FLOW STATEMENT FOR YEAR 31.12.2011

2010 Rs.cts

CASH FLOW FROM OPERATING ACTIVITIES

7,638,500 GRANT FROM MINISTRY 8,000,000.00

0 TRANSFER OF FUND FROM SAVING ACCOUNT 0.00

0 INTEREST ON FIXED DEPOSITS 0.00

7,638,500 CASH RECEIPTS FROM OPERATING ACTIVITIES 8,000,000.00

19,707 DEPOSITS IN SAVINGS ACCOUNT 30,473.64

6,556,271 CASH PAYMENTS FOR OPERATING ACTIVITIES 5,458,832.26

1,101,937 CASH GENERATE/(USED) IN OPERATIONS 2,571,641.38

CASH FLOWS FROM INVESTING ACTIVITIES

12,687 INTEREST RECIVED 44,474.07

1,114,624 NET INCREASE/(DECREASE) IN CASH AND EQUIVALENTS 2,616,115.45

2,277,706 CASH AND CASH EQUIVALENTS AT BEGINNING OF THE YEAR 3,392,329.69

3,392,330 CASH AND CASH EQUIVALENTS AT END OF THE YEAR (Note 1) 6,008,445.14

Note 1

343,314 SAVINGS ACCOUNT 418,261.73

3,049,016 CASH AT BANK 5,590,183.41

0 CASH IN HAND 0.00

3,392,330 TOTAL 6,008,445.14


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FIXED ASSEST AS AT 31 DECEMBER 2011

CODE DESCRIPTION QUANTITY

Plant, Machinery &

Equipment Fax Machine 01

Video & Audio Recording System 01

Video Camera 03

Telephone 06

Type Writer 01

Television 03

Ronio Machine 01

Refrigerator 01

Projector Screen 01

Projector Overhead 01

Projector Multimedia 03

Photo Copy machine 02

LED Monitor 06

Computer, Software Desktop Computer 33

And Equipment Printer 05

Scanner 01

UPS 33

Furniture & Office Almirah Steel 02

Office Equipment Almirah Wooden 01

Almirah with Glass 01

Bed Wooden 08

Boiler 02

Chair High back 07


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Furniture & Office Chair Verandah 06

Office Equipment Chair Computer 28

Chair Wooden 03

Chair Small 02

Chair Cushion 02

Chair Dining 08

Cupboard Steel 05

Cabinet Photocopy 02

Chair Conference 16

Chair Dressing 10

Chair Seminar 73

Gas Cooker 01

Mattress 08

Book Racks 17

Safe 01

Sofa Set 01

Table Centre 01

Table Computer 28

Table Formica 01

Table Wooden 06

Table Dining 01

Table Dressing 03

Table MDF 06


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Ruwan Fernando

Director


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Documents

ANNUAL REPORT OF THE SRI LANKA JUDGES’ INSTITUTE · ANNUAL REPORT OF THE SRI LANKA JUDGES’ INSTITUTE ... a document that outlines the conclusions drawn about ... Succession under