Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988-Section 104 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988-Section 104 -State Road Transport service schemes notifying certain routes-Grant of permits to private operators on the notified routes or on portion thereof-Restriction on-Held: No private operator can be permitted to operate on a notified route except by modifying Scheme and after making provisions for the same-On facts, since the route from Bijnor to Noorpur was notified way back in 1951, no permit could have been issued in pursuance of the resolution dated June 14-15, 1993 and likewise under notification dated September 3; 1994 when the route from Muzaffarnagar to Bijnor had been notified, no permit could have been granted on the aforesaid route as both schemes are of total exclusion of private operators from notified routes-Motor Vehicles Act, 1939-Section 68-FF. Constitution of India, 1950-Article 136-SLP dismissed in limine by Supreme Court-Matter remanded back to Tribunal for fresh disposal-Held: Dismissal of the SLP in limine neither amounts to res judicata nor does it amount to upholding of the law propounded in the decision sought to be appealed against. Under notification dated September 3, 1994 the whole route from Muzaffarnagar to Bijnore via Jansath, Meerapur and Dewal stood notified. The route from Bijnore to Noorpur was already notified by notification dated February 12, 1951. As a result of these two aforesaid schemes, the entire route of Muzaffarnagar Jansath, Meerapur, Dewal to Bijnore stood notified. The question which arose for consideration in the present appeals is as to whether the State Transport Authority could not have, by its resolution dated June 14-15, 1993 granted stage carriage permits to private operators for route from Muzaffarpur to Chhaljet via Ganga Bridge, Bijnore and Noorpur as a portion of that route covered the notified route. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2005 INSC 182 |
Petitioner | U.p. State Road Transport Corporation Through Its Chairman |
Respondent | Omaditya Verma And Ors. |
SCR | [2005] 3 S.C.R. 166 |
Judgement Date | 2005-04-05 |
Case Number | 6716 |
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