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october 1975

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.

P. KUMARASWAMY vs STATE TRANSPORT APPELLATE TRIBUNAL, MADRAS AND ANR. · Niyam