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december 1976

Supreme Court of India · 1976-12-10

CHERAN TRANSPORT CO. LTD. vs KANAN LORRY SERVICE AND ANOTHER

Citation / case number
SC 1976/60881
Court
Supreme Court of India
Petitioner
CHERAN TRANSPORT CO. LTD.
Respondent
KANAN LORRY SERVICE AND ANOTHER
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court held that under Section 58 and Section 68F(1D) of the Motor Vehicles Act, 1939, a stage carriage operator is eligible for permit renewal if the application is made within the stipulated time, even if a draft scheme is published before the permit's expiry. The Court clarified that the withdrawal of the draft scheme does not affect the right to renewal, and the renewal process initiated by the operator cannot be extinguished by subsequent publication of a scheme. The High Court's order granting renewal was upheld, emphasizing that delays beyond the applicant's control should not penalize them.

CHERAN TRANSPORT CO. LTD. vs KANAN LORRY SERVICE AND ANOTHER · Niyam