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.