Supreme Court of India · 1976-11-16
SINDHI SAHITI MULTIPURPOSE TRANSPORT CO-OPERA-TIVE SOCTET vs STATE OF MADHYA PRADESH & ORS.
- Citation / case number
- SC 1976/61040
- Court
- Supreme Court of India
- Petitioner
- SINDHI SAHITI MULTIPURPOSE TRANSPORT CO-OPERA-TIVE SOCTET
- Respondent
- STATE OF MADHYA PRADESH & ORS.
- Author
- A.N. () RAY
- Bench
- A.N. (CJ) RAY
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellant's challenge to Scheme No. 9-M under Articles 226 and 227 of the Constitution, stating that while Chapter IV-A of the Motor Vehicles Act, 1939 is protected under the Ninth Schedule, an aggrieved person can still contest the validity of a specific scheme. The Court emphasized that the appellant could challenge the scheme on the grounds of its validity as per the provisions of the Act. Consequently, the Supreme Court set aside the High Court's order, allowing the appellant's challenge to proceed.