Vernon Rajapakse V. The Tribunal Of Appeal Et Al.

1947 Present : Wijeyewardene . J.

VERNON RAJAPAKSE, Petitioner, and THE TRIBUNAL
OF APPEAL et al., Respondents

IN THE MATTER OF APPLICATION FOR A MANDATE IN THE NATURE OF A WRIT OF PROHIBITION ON THE TRIBUNAL OF APPEAL CONSTITUTED UNDER THE PROVISIONS OF REGULATION 8(2) OF THE DEFENCE (COMPENSATION) REGULATIONS, 1942. APPLICATION NO . 505/1946.

Defence (compensation) Regulations, 194- Validity of - Requisition of land-Right of owner to claim compensation in ordinary civil Courts - Emergency Powers (Colonial Defence) orders in Council , 1939 and 1940 - Right of a Court of Law to canvass the power of the Governor to make Regulations thereunder- Governor's Order made under Emergency Laws (Transitional Powers) (Colonies, &c.) Order in Council, 1946, and published in Gazette of February 22, 1946 - Effect of that order - writ of prohibition.

The competent authority appointed under the Defence (Miscellaneous) Regulations took possession of an estate of the petitioner under Regulation 34 of those Regulations. The competent authority could not reach an agreement with the petitioner regarding the latter's claim for co

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