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september 1980

Supreme Court of India · 1980-09-05

REGIONAL TRANSPORT OFFICER CHITTOOR ETC. vs ASSOCIATED TRANSPORT, MADRAS (P) LTD. & ORS.

Citation / case number
SC 1970/60322
Court
Supreme Court of India
Petitioner
REGIONAL TRANSPORT OFFICER CHITTOOR ETC.
Respondent
ASSOCIATED TRANSPORT, MADRAS (P) LTD. & ORS.
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court upheld the Andhra Pradesh High Court's decision that Section 4(2) of the Andhra Pradesh Motor Vehicles (Taxation of Passengers and Goods) Act, 1952 does not empower the State Government to make retrospective rules. The Court emphasized that while the legislature can enact retrospective laws, a delegate must have explicit authority to do so, which was not present in this case. Consequently, the retrospective deletion of certain sub-rules was deemed invalid, and the appeal was dismissed.

REGIONAL TRANSPORT OFFICER CHITTOOR ETC. vs ASSOCIATED TRANSPORT, MADRAS (P) LTD. & ORS. · Niyam