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november 1964

Supreme Court of India · 1964-11-04

TANSUKH RAI JAIN vs NILRATAN PRASAD SHAW AND OTHERS

Citation / case number
SC 1964/90466
Court
Supreme Court of India
Petitioner
TANSUKH RAI JAIN
Respondent
NILRATAN PRASAD SHAW AND OTHERS
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that Section 64A of the Bihar Motor Vehicles (Amendment) Act, 1950, is not rendered void or repealed by Section 64A of the Central Motor Vehicles Act, 1939, under Article 254(1) and (2) of the Constitution. The Court established that the Central section does not exhaustively cover the same field as the Bihar section, which provides broader powers for the State Government to revise orders from various authorities. The Court concluded that while there is some repugnance between the two sections, the Bihar section remains valid and enforceable, limited only in scope regarding specific appeals and revisions.

TANSUKH RAI JAIN vs NILRATAN PRASAD SHAW AND OTHERS · Niyam