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december 1962

Supreme Court of India · 1962-12-14

NEHRU MOTOR TRANSPORT COOPERATIVE SOCIETY LTD., AND OTHERS vs THE STATE OF RAJASTHAN AND OTHERS

Citation / case number
SC 1962/227
Court
Supreme Court of India
Petitioner
NEHRU MOTOR TRANSPORT COOPERATIVE SOCIETY LTD., AND OTHERS
Respondent
THE STATE OF RAJASTHAN AND OTHERS
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,GUPTA, K.C. DAS,SHAH, J.C.

Judgment text excerpt

The Supreme Court upheld the legality of the Rajasthan State Road Transport Services scheme under the Motor Vehicles Act, 1939, specifically Sections 68C and 68D(3), ruling that the approval of the scheme did not constitute an illegal partial approval as the twelve overlapping routes were never included in the draft scheme. The Court clarified that the High Court's order was akin to a remand, allowing the Legal Remembrancer to treat the decision as fresh rather than a review, and found no discrimination against the operators of the overlapping routes. The Court concluded that the objectors had sufficient opportunity to present their case, thus affirming the scheme's validity.

NEHRU MOTOR TRANSPORT COOPERATIVE SOCIETY LTD., AND OTHERS vs THE STATE OF RAJASTHAN AND OTHERS · Niyam