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.