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september 1976

Supreme Court of India · 1976-09-22

SREE GAJANANA MOTOR TRANSPORT CO. LTD. vs THE STATE OF KARNATAKA AND ORS.

Citation / case number
SC 1976/61041
Court
Supreme Court of India
Petitioner
SREE GAJANANA MOTOR TRANSPORT CO. LTD.
Respondent
THE STATE OF KARNATAKA AND ORS.
Author
M. HAMEEDULLAH BEG
Bench
M. HAMEEDULLAH BEG

Judgment text excerpt

The Supreme Court held that under Section 43(1) of the Motor Vehicles Act, 1939, the State Government has the authority to direct the imposition of fixed rates for stage-carriage operators carrying postal goods. The Court clarified that such directions do not interfere with the quasi-judicial functions of the Regional Transport Authority, as the imposition of conditions on permits is part of executive duties. The provisions of Section 48(3)(XV) complement the general provisions of Section 43(1)(d)(i) and do not override them.

SREE GAJANANA MOTOR TRANSPORT CO. LTD. vs THE STATE OF KARNATAKA AND ORS. · Niyam