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september 1978

Supreme Court of India · 1978-09-06

D. NATARAJA MUDALLAR vs STATE TRANSPORT AUTHORITY, MADRAS

Citation / case number
SC 1978/90465
Court
Supreme Court of India
Petitioner
D. NATARAJA MUDALLAR
Respondent
STATE TRANSPORT AUTHORITY, MADRAS
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court ruled that the right to ply a contract carriage is a fundamental right under the Motor Vehicles Act, 1939, specifically referencing Sections 50 and 58 regarding permit issuance and renewal. The Court held that the State Transport Authority's rejection of the renewal application based on the adequacy of existing transport facilities was arbitrary and lacked proper justification. Consequently, the Court set aside the decisions of the State Transport Authority and the State Transport Appellate Tribunal, emphasizing the need for a fair assessment of public transport requirements.

D. NATARAJA MUDALLAR vs STATE TRANSPORT AUTHORITY, MADRAS · Niyam