1941 Present : Cannon J.

ABEYWICKREME, Appellant, and COMMISSIONER OF
MOTOR TRANSPORT, Respondent.

In the matter of a case stated under section 4 (6) of the
Motor Car Ordinance, Appeal No. 2,609.

Omnibus licence-Refusal of application for licence in a particular year- Change of circumstances-Renewal of application-Motor Car Ordinance, No. 45 of 1938, s. 4 (6).

Where the Commissioner of Motor Transport refuses an application for an omnibus licence for a particular year, he is not debarred from considering another application by the same applicant for the same route during the same year where the circumstances have changed and where there is room for an additional omnibus.

THIS was a case stated for the Supreme Court under section 4 (6) of the Motor Car Ordinance, 1933.

H. V. Perera, K.C. (with him D. D. Atulathmudali), for objector, appellant.

H. W. R. Weerasooriya, C.C., for the Commissioner of Motor Transport.

Cur. adv. vult.

December 17, 1941. CANNON J.-

This is an appeal by way of cases stated under section 4 (6) of the Motor Car Ordinance, No. 45 of 1938, in which Ordinance is the law relating to t