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1961 Supreme(SC) 225

K.C.DAS GUPTA, A.K.SARKAR, N.RAJAGOPALA AYYANGAR, P.B.GAJENDRAGADKAR, K.N.WANCHOO
N. Masthan Sahib: S. S. Reddiar: N. Masthan Sahib: S. S. Reddiar – Appellant
Versus
Chief Commissioner, Pondicherry – Respondent


Advocates:
A.S.R.CHARI, A.V.VISHWANATHA SASTRI, B.K.Garg, B.R.L.Iyengar, C.K.DAFTARY, D.P.Singh, K.R.CHAUDHARY, M.K.RAMAMURTHI, R.GOPAL KRISHNAN, R.MAHALINGA IYER, RAMAMURTHI, S.C.AGRAWAL, T.M.SEN

Judgment

AYYANGAR, J. : (For himself and Gajendragadkar and Wanchoo, JJ.) The two Civil Appeals are by special leave of this Court and the two Writ Petitions have been filed by the respective appellants seeking the same relief as in the appeals, the relief sought being the setting aside of orders passed by the Chief Commissioner of Pondicherry as the State Transport appellate authority (under the Motor Vehicles Act). All these four have been heard together because of a common point raised regarding the jurisdiction of this Court to entertain the appeals and the petitions.

2. It is manifest that the preliminary point about the jurisdiction of this Court should have first to be considered before dealing with the merits of the contentions raised in the appeals and petitions. It might be convenient to state a few facts to appreciate the context in which the questions debated before us arise and the point concerned in the order now passed.

3. Sivarama Reddiar the appellant in Civil Appeal 43 of 1961 and the petitioner in Writ Petition 298 of 1960, is a citizen of India and is engaged in the business of motor transport. By a notification dated December 27, 1958 in the official gazette of Po















































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