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january 1985

Supreme Court of India · 1985-01-31

YOGESHWAR JAISWAL, ETC, ETC. vs STATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

Citation / case number
SC 1982/63782
Court
Supreme Court of India
Petitioner
YOGESHWAR JAISWAL, ETC, ETC.
Respondent
STATE TRANSPORT APPELLATE TRIBUNAL AND ORS.
Author
E.S. VENKATARAMIAH
Bench
E.S. VENKATARAMIAH

Judgment text excerpt

The Supreme Court held that the delay in the decision-making process by the State Government regarding the draft scheme under Section 68C of the Motor Vehicles Act, 1939, constituted an abuse of process of law. The Court emphasized the statutory duty imposed by Section 68C to act in the public interest and affirmed the validity of temporary permits granted by the Regional Transport Authority under Section 68F. The Court set aside the Tribunal's and High Court's orders that canceled the temporary permits, allowing the appellants to operate their services legally until the scheme is approved by the State Government under Section 68D(2).

YOGESHWAR JAISWAL, ETC, ETC. vs STATE TRANSPORT APPELLATE TRIBUNAL AND ORS. · Niyam