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1997 Supreme(SC) 1680

J. S. VERMA, B. N. KIRPAL, SUHAS C. SEN, S. C. AGRAWAL, V. N. KHARE
M. C. Mehta – Appellant
Versus
Union Of India – Respondent


ORDER

After hearing the learned amicus curiae, the Additional Solicitor General and the counsel representing certain other interests, we issue the following further directions, namely,

(1) The figures in relation to issuance of commercial licences show that there is need to verify commercial licences, which were issued during the period 1993-95. We, therefore, direct that all commercial licences issued during the period 1993-95 be re-verified by the Transport Department to weed out all such licences which have been issued without following the Rules.

(2) We are informed that a test has now been prescribed for issuance of new licences. We direct the Transport Department to prescribe a suitable refresher training course as a condition for the renewal of any licence to drive a heavy vehicle.

(3) The grantee of a permit cannot (without express prior permission), under the provisions of the Motor Vehicles Act, either transfer his permit or to allow some other person to operate a vehicle on this permit. Any such use of permits - which really constitutes a trading in permits - is a patent violation of the Motor Vehicles Act and the Rules and would render the permit liable to cance



























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