Ebert Silva Bus Co., Ltd., V. High Level Road Bus Co., Ltd.

1949 Present . Windham J.

EBERT SILVA BUS CO., LTD., Petitioner, and HIGH LEVEL ROAD BUS CO., LTD., Respondent

S. C. 264-Application for a Writ of Certiorari against the Motor
Tribunal

Writ of certiorari-Omnibus Service Licensing Ordinance, No. 47 of 1942- Sections 5 (1), 13 (1), 14 (1) (6) and 14 (3)-Powers of Tribunal of Appeal-Meaning of words " route which is substantially the same "-Temporary diversion of route-Not illegal.

In an appeal under section 13 (1) of the Omnibus Service Licensing Ordinance it is competent for the Tribunal of Appeal to require that while a road along which the prescribed route is to run is closed to traffic the route shall temporarily run along another road or roads. Such an order does not exceed the jurisdiction conferred on the Tribunal by section 14 (1) (b).

In determining whether one route is substantially the same as another route, slight divergencies are immaterial.

THIS was an application for a writ of certiorari to quash an order made by the Motor Tribunal of Appeal.

H. V. Perera, K.C., with N. E. Weerasooria, K.C., D. D. Athulathmudali and W. D. Gunasekera, f

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