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april 1961

Supreme Court of India · 1961-04-14

MALIK RAM vs STATE OF RAJASTHAN

Citation / case number
SC 1961/2
Court
Supreme Court of India
Petitioner
MALIK RAM
Respondent
STATE OF RAJASTHAN
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,DAS, S.K.,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that under Section 68-D(2) of the Motor Vehicles Act, 1939, the authority responsible for approving or modifying a transport scheme has the power to disapprove it entirely. The Court found that the Officer's refusal to allow evidence was erroneous, emphasizing that the authority acts as a quasi-judicial tribunal and must consider relevant evidence. The Court clarified that the use of 'shall' in Rule 7(6) does not limit the authority's discretion under the Act, and any rejected scheme must be framed according to the prescribed procedure in Chapter IVA of the Act.

MALIK RAM vs STATE OF RAJASTHAN · Niyam