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a long time, and directed the Regional Transport Authority to consider permit applications as if the 1980 scheme was no longer in force.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.