The Kelani Valley Motor Transit Co.,Ltd. V. The Colombo Ratnapura Omnibus Co.,Ltd.

[IN THE PRIVY COUNCIL.]

1946  Present: Lord Wright, Lord du Parcq and Sir John
Beaumont.

THE KELANI VALLEY MOTOR TRANSIT CO., LTD.,
Appellant, and THE COLOMBO-RATNAPURA
OMNIBUS CO., LTD., Respondent.

Privy Council Appeal No.90 of 1945.

Omnibus Service Licence-Contest between two companies for exclusive licence on a particular route-Method of calculation of licence already held by the rival companies-Distinction between ?highway? and ?route?-Omnibus service licensing ordinance, No. 47 of 1942, Schedule I.

When considering which of two companies was entitled, under the first schedule to the omnibus Service licensing Ordinance(No.47 of 1942), to an Exclusive Road Service Licensing on the route Colombo to Ratnapura it was the duty of the Commissioner of Motor Transport to give preference to the company which already held, at the material date, the great number of licence authorizing the use of omnibuses on the route Colombo to Ratnapura. The only licence to be reckoned were those confined to the route Colombo to Ratnapura, and licence covering the whole of that route and also so

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