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december 1965

Supreme Court of India · 1965-12-10

CUMBUM ROADWAYS (P) LTD. vs SOMU TRANSPORT (P) LTD. AND OTHERS

Citation / case number
SC 1965/48
Court
Supreme Court of India
Petitioner
CUMBUM ROADWAYS (P) LTD.
Respondent
SOMU TRANSPORT (P) LTD. AND OTHERS
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,RAMASWAMI, V.,SATYANARAYANARAJU, P.

Judgment text excerpt

The Supreme Court held that the High Court erred in remanding the case to the Appellate Tribunal instead of the Transport Authority, as per the principles established in D. Rajagopala Naidu v. State Transport Appellate Tribunal. The Court clarified that even if multiple appeals are disposed of by a single order, each appeal is distinct, and the High Court cannot interfere with the Appellate Tribunal's orders concerning parties that did not approach the High Court. The judgment emphasized the need for careful consideration of public convenience when determining the appropriate authority for remand under the Motor Vehicles Act, 1939, particularly Section 43A.

CUMBUM ROADWAYS (P) LTD. vs SOMU TRANSPORT (P) LTD. AND OTHERS · Niyam