Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution Of India 1950: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution Of India, 1950:Articles 32 and 142 - Directions by Supreme Court regarding observance of norms of safety on roads - lnterpretation of - HELD : the directions issued in exercise of powers under Article 32 r/w Article 142 must be held to be in addition to the conditions contained in the permit and/or the provisions of Motor Vehicles Act and should be construed strictly - The Court did not confer any authority upon a person who did not have any such authority under the statute - Inter-State permits granted pursuant to agreement between two States, can, in the event of violation of any norms, ·be suspended/cancelled only by the authority which granted the same and not by the counter-signing State - Orders impugned in writ petition stand quashed - Motor Vehicles Act, 1988 - ss. 86, 88 and 207. Article 136 - Dismissal of petition for special leave by an unreasoned order - Held : Does not create any precedent Precedent. The respondent-Assistant Commissioner of Police, Delhi ordered suspension of the permit of a bus of the appellant, UP State Road Transport Corporation for a period of seven days from the date of deposit of the vehicle for purported violation of the directions of the Supreme Court issued on 20.11.19791 with regard to observance of norm of safety on road within NCR and NCTT, Delhi The writ petition of the appellant-Corporation was dismissed by the High Court. The special appeal was also dismissed by the Division Bench of the High Court taking note that in an identical matter the special leave petition had been dismissed by the Supreme Court. In the instant appeals, it was contended for the appellant Corporation that in view of the provisions of s.86 of the Act, the respondent not being the appropriate State Transport Authority could not have directed impounding of the bus and/or suspension of the permit. The stand of the respondents was that the order of suspending the permit was passed in compliance of the order of the Supreme Court, and that the Court having dismissed the special leave petition, and the letters patent appeal having been filed thereafter the instant appeal was not maintainable. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 164 |
Petitioner | U.p. State Road Transport Corporation |
Respondent | Assistant Comnr. Of Police (traffic) Delhi |
SCR | [2009] 2 S.C.R. 234 |
Judgement Date | 2009-02-12 |
Case Number | 950 |
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