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Mysore State Road Transport Corporation Vs. Mysore State Transport Appellate Tribunal - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal No. 1801 of 1972
Judge
Reported inAIR1974SC1940; (1972)2SCC750; [1975]1SCR615
ActsMotor Vehicles Act, 1939 - Sections 2(28A), 68C, 68D, 68E and 68F; Motor Vehicles (Amendment) Act, 1969
AppellantMysore State Road Transport Corporation
RespondentMysore State Transport Appellate Tribunal
Advocates: Shyamla Pappu and; Vineet Kumar, Advs
Prior historyAppeal by Special Leave from the Judgment and Order dated 26th November, 1968 of the Mysore High Court in Writ Petition No. 4068 of 1968
Excerpt:
motor vehicles - renewal of permit - section 2 (28a), 68-c, 68-e and 68-f of motor vehicles act, 1939 - where there is prohibition to operate on notified route no licence can be granted to private operator whose route traverses any part or whole of that notified route - intersection of notified route may not amount to traversing as prohibition applies to whole or part of route on highway on same line of route. - [ r.v. raveendran and; j.m. panchal, jj.] (a) criminal procedure code, 1973 - ss. 438 and 437 - anticipatory bail - conditions that may be imposed, enumerated - factors to be considered by court - irrelevant and unwarranted conditions for release on bail - sustainability - held, harsh, onerous and excessive conditions which frustrate the very object of anticipatory bail not to be.....order65. in view of the majority decision, we allow the appeal and direct the regional transport authority to comply with the requirements of the scheme as stated by us in respect of any permit granted or in respect of renewal of any such permit made in favour of the third respondent during the pendency of this appeal.
Judgment:
ORDER

65. In view of the majority decision, we allow the appeal and direct the Regional Transport Authority to comply with the requirements of the Scheme as stated by us in respect of any permit granted or in respect of renewal of any such permit made in favour of the third respondent during the pendency of this appeal.


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