United Bus Co., Ltd. V. Kandy Town Bus Co., Ltd.

[IN THE PRIVY COUNCIL]

1951 Present : Lord Simonds, Lord Normand and Lord Oaksey

UNITED BUS CO., LTD., Appellant, and KANDY TOWN

 BUS CO., LTD., Respondent

PRIVY COUNCIL APPEAL NO. 32- OF 1950

S. C. Application No. 29-Case stated under- section 4 of the Motor Car

Ordinance, No. 45 of 1938

Omnibus Service Licensing Ordinance, No. 47. of: 1942-Application- for exclusive-road service licence-Competing claims-Error of fact-Right, of Supreme-Court to review decision of Commissioner-Sections 2. (1), 3 (1) (a), 4, 7, 8, 13 (1) (8), 14 (1)-Motor Car Ordinance, No. 45 of. 1938, s. 4.

Appellant applied for a road service licence in respect of. a route which was substantially identical with that applied for by the respondent. At the time-when the applications were made both applicants were operating omnibus-services over part of the route for which they applied. The Supreme Court, upon a case stated, declared that the issue, by the Commissioner, of the licence to the appellant for the new road service was contrary to an express direction.' contained in Section 7 of the Omnibus Service Licensing Ordinance. The judgme

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