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october 1962

Supreme Court of India · 1962-10-31

GANDHARA TRANSPORT CO. LTD., vs THE STATE OF PUNJAB AND OTHERS

Citation / case number
SC 1962/17
Court
Supreme Court of India
Petitioner
GANDHARA TRANSPORT CO. LTD.,
Respondent
THE STATE OF PUNJAB 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 held that the order of the Regional Transport Authority granting a regular permit to Manohar Singh was unlawful due to grave procedural errors. The authority improperly entertained an application for renewal of a temporary permit, misled parties regarding the nature of the application, and failed to consider necessary factors under Section 47 of the Motor Vehicles Act, 1939. The Court set aside the High Court's order and declared the Transport Authority's decision invalid, emphasizing that the benefit of Section 58(2) should not accrue to those without lawful permits.

GANDHARA TRANSPORT CO. LTD., vs THE STATE OF PUNJAB AND OTHERS · Niyam