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november 1986

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.

BRIJ MOHAN PARIHAR vs M.P. STATE ROAD TRANSPORT CORPORATION & ORS. · Niyam