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DE MEL v. DE SILVA M.W.H.


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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