Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988 – Chapters V & VI; ss. 88 and 98 –Overriding effect provided u/s.98 – Operation of – Appellant, privateoperator of non-air conditioned bus, was issued inter-State permitby State of Punjab – Appellant claimed counter-signatures on thesaid permit from the authority of Union Territory (U.T) of Chandigarhfor operation of non-air conditioned bus in the said U.T. – Allowedby Single Judge – Division Bench overturned the said view holdingthat the appellant cannot operate its stage carriages beyond theterritory of Punjab in view of the 1998 Scheme of the U.T. ofChandigarh framed under Chapter VI which excludes operation ofprivate operators altogether – On appeal, held: Division Benchmissed the crucial relevance and effect of the Reciprocal Agreementof 2008 contemplated u/s.88, Chapter V which specifically providesfor counter signature for non-A.C. buses – There is no dispute thatdespite the Scheme of 1998, the appellant operated its stage carriageup to 2008 – Scheme is unilateral, whereas the ReciprocalAgreement is bilateral – Despite the availability of Scheme, the U.Tof Chandigarh and the State of Punjab consciously entered into aReciprocal Agreement permitting the non-A.C. buses, for which theState of Punjab had issued permits prior to 1966 and it continuedto be renewed by the State of Punjab to operate in the UnionTerritory of Chandigarh – Unless the Reciprocal Agreement issuperseded by a fresh agreement or unless there is a new schemeframed by the U.T of Chandigarh specifying the provisions to thecontrary, the buses operated by the appellant, which had permitsissued prior to 1.11.1966 and so long as they are renewed by theState of Punjab, the U.T of Chandigarh cannot refuse countersignature – Based on s.98, it was contended that Scheme framedunder Chapter VI has overriding effect over the Reciprocal Agreement contemplated u/s.88 (Chapter V) – However, overridingeffect provided in s.98 operates only in case of an inconsistency ona legal position – There is no such situation in the present case –On the contrary, the Reciprocal Agreement is on mutually beneficialterms – Impugned order passed by the Division Bench set aside –Order of Single Judge restored. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2018 INSC 895 |
Petitioner | Ambala Bus Syndicate Pvt. Ltd. |
Respondent | Chandigarh Administration And Ors. |
SCR | [2018] 13 S.C.R. 458 |
Judgement Date | 2018-09-26 |
Case Number | 10002 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |