Supreme Court of India · 1975-10-08
P. KUMARASWAMY vs STATE TRANSPORT APPELLATE TRIBUNAL, MADRAS AND ANR.
- Citation / case number
- SC 1975/60651
- Court
- Supreme Court of India
- Petitioner
- P. KUMARASWAMY
- Respondent
- STATE TRANSPORT APPELLATE TRIBUNAL, MADRAS AND ANR.
- Author
- V.R. KRISHNAIYER
- Bench
- V.R. KRISHNAIYER
Judgment text excerpt
The Supreme Court held that the rules framed under the Motor Vehicles Act, 1939, particularly Section 47(1) and Section 68A(a), cannot be discarded in the name of public interest. The Court emphasized that while public interest is paramount, it must not contravene the established rules. The Appellate Tribunal's decision to grant a permit based on a distinction between passenger and lorry transport experience was found to be illegal, as it ignored relevant factors and misinterpreted the rules. Consequently, the Court quashed the Tribunal's order and reinstated the permit granted to the appellant.