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.