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april 2002

Supreme Court of India · 2002-04-12

ABDUL HAI KHAN vs SUBHAL C. GHOSE

Citation / case number
SC 1999/8298
Court
Supreme Court of India
Petitioner
ABDUL HAI KHAN
Respondent
SUBHAL C. GHOSE
Author
BRIJESH KUMAR D.P. MOHAPATRA
Bench
BRIJESH KUMAR D.P. MOHAPATRA

Judgment text excerpt

The Supreme Court granted leave in multiple civil appeals concerning private stage carriage operators in West Bengal, challenging the Calcutta High Court's ruling that deemed the 1980 Notification ultra vires Section 68C of the Motor Vehicles Act, 1939. The Court upheld the High Court's application of the doctrine of 'Desuetude', stating that the 1980 scheme had not been operational for a long time, and directed the Regional Transport Authority to consider permit applications as if the 1980 scheme was no longer in force. The outcome favored the private operators by allowing their applications to be considered in accordance with the law.

ABDUL HAI KHAN vs SUBHAL C. GHOSE · Niyam