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april 1959

Supreme Court of India · 1959-04-21

RAM GOPAL vs ANANT PRASAD AND ANOTHER

Citation / case number
SC 1958/102
Court
Supreme Court of India
Petitioner
RAM GOPAL
Respondent
ANANT PRASAD AND ANOTHER
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that the order by the State Transport Authority renewing the appellant's permit effectively constituted a refusal of the respondent's application for a new permit, thus making the respondent's appeal to the Appellate Tribunal maintainable under Section 64(a) of the Motor Vehicles Act, 1939. The Court clarified that applications for permit renewal and new applications must be heard together as per Section 58(2), and that Section 64(f) does not limit the Appellate Tribunal's powers to grant relief. The Court upheld the Appellate Tribunal's order setting aside the renewal of the appellant's permit and granting it to the respondent, disapproving contrary views in prior cases.

RAM GOPAL vs ANANT PRASAD AND ANOTHER · Niyam