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1957 Supreme(SC) 22

P.B.GAJENDRAGADKAR, S.R.DASS, T.L.VENKATARAMA AYYAR
V. C. K. Bus Service LTD. – Appellant
Versus
Regional Transport Authority, Coimbatore – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, C.K.DAFTARY, J.B.DADACHAN, R.Ganapathy Iyer, R.GOPAL KRISHNAN, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.N.ANDLEY

Judgement

VENKATARAMA AYYAR, J. - These are appeals against the judgment of the High Court of Madras on a certificate given under Art. 133 (1)(c) of the Constitution, and they raise a question of some importance as to the true legal character of a permit when it is renewed under the provisions of the Motor Vehicles Act, 1939 (Act No. IV of 1939) hereinafter referred to as the Act.

2. In order to appreciate the contentions of the parties, it is necessary to state the material facts leading up to the present dispute. Towards the end of 1952, the appropriate authorities under the Act decided to grant two additional permits for stage carriages in the Ondipudur-Agricultural College route in the town of Coimbatore in the State of Madras, and invited applications therefor under S. 57 of the Act. There were as many as 39 applicants, and by his order dated 3rd December 1952, the Regional Transport Authority granted one permit to applicant No. 24, the Thondamuthur Trading Company Ltd., and another to applicant No. 30, the V. C. K. Bus Service. There were appeals by some of the unsuccessful applicants to the Central Road Traffic Board, which by its order ,dated 19th February 1953, set aside th




































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