NDLI: D. Nataraja Mudaliar Vs. State Transport Authority, Madras

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1939 Motor Vehicles Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Motor Vehicles Act, 1939 (4 of 1939)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Constitution of India, Article 136, application, scope. Motor Vehicles Act, 1939, S. 50, unjustified refusal to renew permit, a breach of fundamental right. The appellant plied a luxury coach for public benefit under a permit of 1971 for five years, in the Tamil Nadu State. He applied for a renewal of the permit two months prior to its expiry, but was refused the same by the State Transport Authority, on the ground that the facilities provided by tho public sector undertakings were adequate, and the renewal of the applicant's permit would be redundant in the circumstances and also result in unhealthy competition. Applications for more permits were invited and some granted since the impugned refusal. On appeal u/s 64 of the Motor Vehicles Act, the State Transport Appellate Tribunal affirmed the rejection, using the same reasoning. Thereafter the High Court rejected the appellant's revision application, refusing to go into questions of fact.
Judge	Hon'ble Mr. Justice V.R. Krishna Iyer
Neutral Citation	1978 INSC 155
Petitioner	D. Nataraja Mudaliar
Respondent	State Transport Authority, Madras
SCR	[1979] 1 S.C.R. 552
Judgement Date	1978-09-06
Case Number	1083

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D. Nataraja Mudaliar Vs. State Transport Authority, Madras