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october 1968

Supreme Court of India · 1968-10-18

DHANI DEVI vs SANT BIHARI & ORS.

Citation / case number
SC 1968/60155
Court
Supreme Court of India
Petitioner
DHANI DEVI
Respondent
SANT BIHARI & ORS.
Bench
BACHAWAT, R.S.

Judgment text excerpt

The Supreme Court held that under Section 45 of the Motor Vehicles Act, 1939, the Regional Transport Authority has the power to allow a successor to prosecute an application for a stage carriage permit after the death of the original applicant. The Court clarified that possession of the vehicle grants the right to apply, but not to a permit as a matter of right. The High Court's decision to set aside the Transport Minister's order was erroneous, and the appeal was allowed, affirming the authority's decision to permit the widow to continue the application.

DHANI DEVI vs SANT BIHARI & ORS. · Niyam