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august 1972

Supreme Court of India · 1972-08-02

INTER STATE TRANSPORT COMMISSION, NEW DELHI vs P. MANJUNATH KAMATH & ORS.

Citation / case number
SC 1967/330
Court
Supreme Court of India
Petitioner
INTER STATE TRANSPORT COMMISSION, NEW DELHI
Respondent
P. MANJUNATH KAMATH & ORS.
Bench
RAY, A.N.

Judgment text excerpt

The Supreme Court held that the Inter-State Transport Commission's directions under Section 63A(2)(c) of the Motor Vehicles Act, 1939, are administrative and cannot bind Transport Authorities in their quasi-judicial functions regarding permit issuance. The Court emphasized that the Act does not grant the Commission rule-making power, and any attempt to dictate the order of preference for permits infringes on the Transport Authorities' judicial discretion. Consequently, the High Court's decision to quash the Commission's directions was upheld.

INTER STATE TRANSPORT COMMISSION, NEW DELHI vs P. MANJUNATH KAMATH & ORS. · Niyam