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J.C. Roadways Vs. Pandiyan Roadways Corporation Ltd. and anr. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1680 of 1968
Judge
Reported inAIR1978SC423; (1977)3SCC558
ActsMadras Motor Vehicles (Amendment) Act, 1948 - Sections 43A
AppellantJ.C. Roadways
RespondentPandiyan Roadways Corporation Ltd. and anr.
Excerpt:
- indian evidence act, 1872 sections 3 & 45: [dr.arijit pasayat & asok kumar ganguly,jj] ocular vis--vis medical evidence murder case -eye-witnesses evidence found to be credible and trust worthy - medical evidence pointing to alternative possibilities is not accepted as conclusive. section 3 evidence of witnesses -reasonable doubts held, doubts would be called reasonable if they are free from a zest for abstract speculation. indian penal code, 1890 section 300: murder proof - appellants allegedly fired at deceased - eye-witnesses evidence was found to be reliable and trustworthy and there was no conflict between ocular evidence and medical evidence-held, conviction of appellants is proper. 1. this appeal raises a short point as to whether executive instructions can be issued under section 43-a of the motor vehicles (madras amendment) act 1948 in determining who should be awarded a permit for running a stage carriage. this court has held that executive instructions cannot be issued to control the discretionary jurisdiction of the tribunals and the view taken by the high court is therefore correct. we dismiss the appeal, but, in the circumstances, without costs.
Judgment:

1. This appeal raises a short point as to whether executive instructions can be issued under Section 43-A of the Motor Vehicles (Madras Amendment) Act 1948 in determining who should be awarded a permit for running a stage carriage. This Court has held that executive instructions cannot be issued to control the discretionary jurisdiction of the tribunals and the view taken by the High Court is therefore correct. We dismiss the appeal, but, in the circumstances, without costs.


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