Supreme Court of India · 1970-04-30
MOHD. IBRAHIM ETC. vs STATE TRANSPORT APPELLATE TRIBUNAL, MADRASETC.
- Citation / case number
- SC 1969/60154
- Court
- Supreme Court of India
- Petitioner
- MOHD. IBRAHIM ETC.
- Respondent
- STATE TRANSPORT APPELLATE TRIBUNAL, MADRASETC.
- Bench
- RAY, A.N.
Judgment text excerpt
The Supreme Court held that under Section 47(3) of the Motor Vehicles Act, 1939, the Regional Transport Authority is not required to consider representations from operators when fixing the number of permits, as it operates within its administrative policy. The Court clarified that the authority is not obliged to hear operators during this process, emphasizing that the limit of permits must be determined prior to granting permits under Section 48. The judgment affirmed the validity of the authority's actions, stating that the substance of the order is more important than its form, and that the scheme of the Act mandates a clear limit for fair competition among applicants.