Supreme Court of India · 1965-10-08
KUMAON MOTOR UNION OWNERS LTD. AND ANOTHER. vs THE STATE OF UTTAR PRADESH
- Citation / case number
- SC 1965/67
- Court
- Supreme Court of India
- Petitioner
- KUMAON MOTOR UNION OWNERS LTD. AND ANOTHER.
- Respondent
- THE STATE OF UTTAR PRADESH
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.
Judgment text excerpt
The Supreme Court upheld the notification issued by the State under Rule 131(2)(gg) and (i) of the Defence of India Rules, 1962, which prohibited the plying of vehicles belonging to the appellant-union in a border region. The Court found that the order was within the powers of the State and did not contravene Section 43 of the Defence of India Act, which prevails over Section 68B of the Motor Vehicles Act. The Court concluded that the order was valid despite its impact on the commercial viability of the appellants' business, affirming the State's authority to act in the interest of national security.