Supreme Court of India · 1991-11-15
GURCHARAN SINGH BALDEV SINGH vs YASHWANT SINGH AND ORS.
- Citation / case number
- SC 1991/80390
- Court
- Supreme Court of India
- Petitioner
- GURCHARAN SINGH BALDEV SINGH
- Respondent
- YASHWANT SINGH AND ORS.
- Author
- R.M. SAHAI
- Bench
- R.M. SAHAI
Judgment text excerpt
The Supreme Court held that the right to seek renewal of a permit under Section 58(2) of the Motor Vehicles Act, 1939 is enforceable in law, despite the enactment of the Motor Vehicles Act, 1988. The Court clarified that the preference created for permit holders is a civil right, not merely an incohate right, and that the appellant's application for renewal must be processed under the 1939 Act. The Court set aside the High Court's ruling, affirming that the appellant's right to renewal was preserved by Section 6(c) of the General Clauses Act, 1897, and Section 217(4) of the 1988 Act.