Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Art. 226. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Stage carriage permit - Marking system - Error apparent on the face of the record - Motor Vehicles Act, 1939 ( 4 of 1939), ss. 43A, 47 - Constitution of India Art.226. On applications for permits made to it the Regional Transport Authority, applying the marking system prescribed by the Government order issued under s. 43 A of the Motor Vehicles Act, granted the permit to the appellant. On appeal by the first respondent, the State Transport Appellate Tribunal recast the marks but in doing so did not allot any mark to the first respondent under the head of "residence or place of business" and thereby treating the appellant and the first respondent .as equal, gave the.appellant the· further advantage of four marks under the head "viable unit''. The first respondent challenged the order of the Appellate Tribunal before the High Court under Art. 226 on the ground that the Appellate Tribunal had failed to allot him any mark in respect of his admitted ' residential qualification and had thereby committed a breach ·of s. 47 (I) (a) and (c) of the Motor Vehicles Act. This contention was accepted by the learned single Judge of the. High Court who quashed the order of the Appellate Tribunal and directed it to proceed according to law. On appeal the Division Bench confirmed the issue of the writ. On appeal by special leave by the· appellant it was cont.ended in this court that the High Court has no jurisdiction to issue a writ of certiorari, as the error, if any, was one of fact and that the directions issued by the Government under s. 43 A of the Motor Vehicles Act 'being only administrative in character, order made in breach thereof did not give rise to an error of law which could be the subject matter of a writ. |
Judge | Honble Mr. Justice K. Subba Rao |
Neutral Citation | 1963 INSC 19 |
Petitioner | K. M. Shanmugam |
Respondent | The S. R. V. S. (p) Ltd. & Ors. |
SCR | [1964] 1 S.C.R. 809 |
Judgement Date | 1963-02-06 |
Case Number | 697 |
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