P. S. Bus Co. Ltd V. Members And Secretary Of Ceylon Transport Board

1958 Present : Sinatamby, J.

P. S. BUS CO., LTD., Petitioner, and MEMBERS AND SECRETARY
OF CEYLON TRANSPORT BOARD, Respondents

S. C. 695-Application for a Writ of Quo Warranto or in the
alternative for a Writ of Certiorari under section 42 of the Courts Ordinance (Cap. 6).

    Quo warranto - Certiorari- Discretion of court as to issue of a prerogative writ-Act of Parliament-Can a Court of law investigate the question whether a statute was duly passed ?- Motor Transport Act, No. 48 of 1957-Ceylon (Constitution) order-in-Council 1946, u. 11 (1) (a), 19, 33, 34, 35, 38-Ceylon Constitution (Special Provisions) Act, No. 35 of 1954.

A prerogative writ is not issued as a matter of course and it is in the discretion of Court to refuse to grant it if the facts and circumstances are such as to warrant a refusal. A writ, for instance, will not issue where it would be vexatious or futile.

In the present application for a Writ of Quo Warranto or, in the alternative, for a Writ of Certiorari, the petitioner sought to cha.l1enge the validity of the Motor Transport Act No. 48 of 1957 on the ground that '

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