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february 1963

Supreme Court of India · 1963-02-06

K. M. SHANMUGAM vs THE S. R. V. S. (P) LTD. & ORS.

Citation / case number
SC 1962/215
Court
Supreme Court of India
Petitioner
K. M. SHANMUGAM
Respondent
THE S. R. V. S. (P) LTD. & ORS.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the High Court has jurisdiction under Article 226 to issue a writ of certiorari when there is an error apparent on the face of the record, even if the error is one of fact. The Court clarified that directions issued under Section 43A of the Motor Vehicles Act, 1939, while administrative, must not lead to a breach of Section 47, which outlines relevant considerations for permit allocation. The Court upheld the High Court's decision to quash the Appellate Tribunal's order for failing to allot marks based on the first respondent's residential qualification, thus confirming the need for adherence to statutory provisions in administrative decisions.

K. M. SHANMUGAM vs THE S. R. V. S. (P) LTD. & ORS. · Niyam