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february 1967

Supreme Court of India · 1967-02-21

STATE OF MYSORE vs SYED IBRAHIM

Citation / case number
SC 1965/205
Court
Supreme Court of India
Petitioner
STATE OF MYSORE
Respondent
SYED IBRAHIM
Bench
SHELAT, J.M.

Judgment text excerpt

The Supreme Court interpreted Section 42(1) of the Motor Vehicles Act, 1939, holding that the classification of a vehicle as a 'transport vehicle' is determined by its use for carrying passengers for hire, not merely by its registration. The Court overruled previous decisions in B.S. Usman Saheb v. State of Mysore and Jayaram v. State of Mysore, establishing that an owner of a motor vehicle used for hire without a permit is liable under Section 42(1) read with Section 123. The Court emphasized that allowing unpermitted use of non-transport vehicles for hire would undermine legislative intent regarding passenger safety.

STATE OF MYSORE vs SYED IBRAHIM · Niyam