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february 1990

Supreme Court of India · 1990-02-27

VIJAY KUMAR SHARMA & ORS. ETC. vs STATE OF KARNATAKA & ORS. ETC.

Citation / case number
SC 1989/72403
Court
Supreme Court of India
Petitioner
VIJAY KUMAR SHARMA & ORS. ETC.
Respondent
STATE OF KARNATAKA & ORS. ETC.
Author
MISRA RANGNATH
Bench
MISRA RANGNATH

Judgment text excerpt

The Supreme Court examined the repugnancy between the Karnataka Contract Carriages (Acquisition) Act, 1976 and the Motor Vehicles Act, 1988 under Article 254 of the Constitution. It held that the provisions of Sections 14 and 20 of the Karnataka Act conflict with Sections 74 and 80 of the Motor Vehicles Act, thereby implying that the State Act was impliedly repealed by the Parliamentary Act. The Court ruled that the Karnataka Act's provisions, which restricted permit applications, were invalid in light of the Motor Vehicles Act's provisions that favored the grant of permits.

VIJAY KUMAR SHARMA & ORS. ETC. vs STATE OF KARNATAKA & ORS. ETC. · Niyam