DE MEL v. DE SILVA M.W.H.
1949 Present . Gratiaen J.
DE MEL, Petitioner, and M. W. H. DE SILVA, Respondent
S. C. 564-Application for a Writ of Prohibition
Writ of Prohibition-Special
tribunal entrusted with judicial powers and duties- Procedure not provided
for-Procedure to be followed-Commissions of Inquiry Act of 1948.
When a tribunal other than a court of law is vested with legal authority to
determine questions affecting the rights of parties, but the procedure which it
should adopt is not expressly prescribed by statute, the tribunal is master of
its own procedure, provided, however, that the essential requirements of justice
and fair play must be observed.
In the absence of special provisions as to how the tribunal is to proceed, the
law will imply no more than that the substantial requirements of justice shall
not be violated. It must give the party who may be affected by its decision an
opportunity of being heard and of stating his case. It must give him notice when
it will proceed with the matter, and it must act honestly and impartially, and
not under the dictation of some other person or persons to whom the authority is
not given by law. There m
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