A.N.RAY, K.K.MATHEW, V.R.KRISHNA IYER
C. P. Sikh Regular Motor Service: Krishan Gopal Transport Company: Kunjilal Hanumanlala Jaiswal: Lokpriya Motor Service: New Datar Transport Company Private LTD. : R. G. Soni: Surajmal Bhumal Sharma: Premsewa Regulars Motor Service, Nagpur: Deshmukh Ban – Appellant
Versus
State Of Maharashtra – Respondent
Judgment
MATHEW, J. :- In these Civil Appeals and petitions for special leave to appeal the questions for consideration are practically the same. They are, therefore, disposed of by this common judgment.
2. The appellants filed petitions before the High Court of Bombay (at Nagpur and Bombay) challenging in validity of a scheme framed under Section 68-C of the Motor Vehicles Act. 1939 (hereinafter referred to as the Act ). The High Court dismissed the petitions and these appeals and petitions for special leave to appeal are directed against those orders.
3. Section 68-C under which the scheme was framed occurs in Chapter IVA of the Act, That chapter was added by Act 100 of 1956 which came into effect from February 16, 1957. The Maharashtra State Road Transport Corporation hereinafter called the Corporation ) is a corporation established for the whole of the State of Maharashtra under Section 3 of the Road transport Corporation Act, 1950, and it is a State Transport undertaking within the meaning of Section 68-A (b) of the Act.
4. By the scheme the Corporation proposes to operate stage carriage and contract carriage service in the entire State of Maharashtra and on all routes and por
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