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october 1977

Supreme Court of India · 1977-10-31

SHARIF AHMED & ORS. vs REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS.

Citation / case number
SC 1977/61679
Court
Supreme Court of India
Petitioner
SHARIF AHMED & ORS.
Respondent
REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS.
Bench
UNTWALIA, N.L.

Judgment text excerpt

The Supreme Court held that the issuance of permits by the Regional Transport Authority is a ministerial act following the grant of a permit under Section 47(3) of the Motor Vehicles Act, 1939. The Court clarified that a retrospective change in law does not nullify a valid order of the Appellate Tribunal, and the issuance of a writ of mandamus is appropriate to enforce compliance with such orders. The judgment distinguished the case from Commissioner of Income-tax, Bihar & Orissa v. Maharaja Pratap Singh Bahadur, emphasizing that the order of the Tribunal was legal and within jurisdiction.

SHARIF AHMED & ORS. vs REGIONAL TRANSPORT AUTHORITY, MEERUT & ORS. · Niyam