Supreme Court of India · 1986-11-25
BRIJ MOHAN PARIHAR vs M.P. STATE ROAD TRANSPORT CORPORATION & ORS.
- Citation / case number
- SC 1986/69778
- Court
- Supreme Court of India
- Petitioner
- BRIJ MOHAN PARIHAR
- Respondent
- M.P. STATE ROAD TRANSPORT CORPORATION & ORS.
- Author
- E.S. VENKATARAMIAH
- Bench
- E.S. VENKATARAMIAH
Judgment text excerpt
The Supreme Court held that under Section 68-FF of the Motor Vehicles Act, 1939, a State Transport Undertaking cannot allow a private operator to ply a motor vehicle as its nominee under a permit issued to the Corporation. The Court clarified that such arrangements are prohibited by Sections 42 and 59 of the Act, which bar unauthorized trafficking in permits. Consequently, the petitioner was denied a writ of mandamus to operate his vehicle as a nominee of the Corporation, as the underlying agreement was contrary to the Act and unenforceable.