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april 1960

Supreme Court of India · 1960-04-29

A. S. T. ARUNACHALAM PILLAI vs M/S. SOUTHERN ROADWAYS (PRIVATE) LTD.

Citation / case number
SC 1958/206
Court
Supreme Court of India
Petitioner
A. S. T. ARUNACHALAM PILLAI
Respondent
M/S. SOUTHERN ROADWAYS (PRIVATE) LTD.
Author
SINHA, BHUVNESHWAR P.(),IMAM, SYED JAFFER,SARKAR, A.K.,SUBBARAO, K.,SHAHC.
Bench
SINHA, BHUVNESHWAR P.(CJ),IMAM, SYED JAFFER,SARKAR, A.K.,SUBBARAO, K.,SHAH, J.C.

Judgment text excerpt

The Supreme Court held that the Regional Transport Officer under the Motor Vehicles Act, 1939, as amended by the Madras Act, 20 of 1948, has the jurisdiction to vary the terms of a stage carriage permit. The Court clarified that while the State Government has the power to revise orders, it cannot substitute its own order for one that an authority without jurisdiction has passed. The Court upheld the authority of the Regional Transport Officer to grant variations, emphasizing that Section 64A does not confer original jurisdiction to the State Government beyond the provisions of the Act.

A. S. T. ARUNACHALAM PILLAI vs M/S. SOUTHERN ROADWAYS (PRIVATE) LTD. · Niyam