Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Madhya Pradesh Motor Vehicles Rules, 1994 – rr.63, 65 – Legality of the order by State Transport Authority – On facts, State Transport Authority allowed the application for modification of time schedule for movement of the vehicle, by order dated 15.12.2014 – Matter was heard by the Authority on 16.10.2014, where chairperson and two members were present, however, the order was delivered on 15.12.2014 with the signatures of Chairperson and only one member, since one member was transferred in the meanwhile – Legality of the order dated 15.12.2014 – Held: Concept of taking decision by majority of votes of the members is very much present in the scheme of the Rules – Although, where a decision is to be taken by the circulation by votes a special majority is provided in r.65(4) but instant case not being a case of decision by circulation, simple majority by members present was sufficient for making a binding decision by the State Transport Authority – Hearing took place on 16.10.2014 where the Chairperson and two members were present the quorum being three as per r.68(1) was complete – Further, there being neither any pleading nor any material to hold that the third member has agreed with the opinion, the present case is examined as if, the third member did not agree with the order proposed – Thus, the order issued by the State Transport Authority, signed by the Chairperson and one member is a valid order having been issued with the majority opinion of two out of three, who heard the application on 16.10.2014, and was fully in accordance with the statutory scheme of the 1994 Rules – Motor Vehicles Act, 1988 – s.68(1) and (3). |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 122 |
Petitioner | State Of Madhya Pradesh Through Principal Secretary & Anr. |
Respondent | Mahendra Gupta & Ors. |
SCR | [2018] 1 S.C.R. 443 |
Judgement Date | 2018-02-08 |
Case Number | 1562 |
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