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 Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles-Public Bus Stand constructed by Municipality-Demand of charges from operators using the stand -Validity-Statutory provisions, if repealed by implication-Travancore District Municipalities Act, (XXIII of 1116 M. E.), (Corresponding to A. D. 1914), ss. 286, 287-Travancore-Cochin Motor Vehicles Act, 1125, s. 72. The appellant passed a resolution providing for the use of a public bus stand constructed by it for stage carriage buses starting from and returning to the Municipal limits of Palai or passing through its limits. It also prohibited the use of any other public place or public street within the Municipal limits as a bus stand or a halting place. The respondents who were using that bus stand, were served with notices demanding the payment of the charges due from them. They preferred writ petitions before the High Court challenging the validity of the action taken by the appellant and praying for quashing the notices issued against them. The High Court accepted the contention of the respondents that the provisions of ss. 286 and 287 of the Municipalities Act stood repealed by implication by virtue of the provisions of s. 72 of the Travancore-Cochin Motor Vehicles Act. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1963 INSC 37 |
Petitioner | Municipal Council Palai |
Respondent | T.j. Joseph And Others |
SCR | [1964] 2 S.C.R. 87 |
Judgement Date | 1963-02-14 |
Case Number | 79-81 |
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