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1970 Supreme(SC) 256

A. N. RAY, I. D. DUA, M. HIDAYATULLAH
Mohd. Ibrahim – Appellant
Versus
State Transport Appellate Tribunal – Respondent


Judgment

RAY, J. : These appeals by certificate turn primarily on the interpretation of Section 47(3) of the Motor Vehicles Act 1939 (hereinafter called the Act) and raise two questions. First, whether the Regional Transport Authority in limiting the number of which stage carriage permits may be granted in the region or in any specified area or on any specified route in the region is required to hear persons or the said Authority can limit the number of stage carriages for which permits may be granted by an administrative order under Section 47 (3) of the Act. The second questions is whether in the facts and circumstances of these appeals there was in each case a valid order under Section 47 (3) of the Act limiting the number of stage carriages for which permits might be granted.

2. Chapter IV of the Act deals with control of transport vehicles. Chapter IV consists of Sections 42 to 68: Section 42 speaks of permits for use of transport vehicles. Section 44 contemplates the Transport Authorities which are the State Transport Authorities or the Regional Transport Authorities. A State Transport Authority co-ordinates and regulates the activities and policies of the Regional Transport Au





















































































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