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november 1991

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.

GURCHARAN SINGH BALDEV SINGH vs YASHWANT SINGH AND ORS. · Niyam