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1976 Supreme(SC) 363

M. H. BEG, P. N. SHINGHAL, A. N. RAY
Sree Gajanana Motor Transport Company LTD. – Appellant
Versus
State of Karnataka – Respondent


Advocates:
B.R.G.K.Achar, GIRISH CHANDRA, K.N.BHATT, M.RANGASVVAMY, SHYAMALA PAPPU

Judgment

BEG, J.:- This appeal by special leave raises the question whether the State Government could, by a general direction given under Section 43 (1) of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) fix the charges to be imposed upon operators of stage carriages for carrying mails as conditions of their permits.

2. Section 48 of the Act lays down the power of the Regional Transport Authority to grant stage carriage permits with conditions annexed thereto. The first stage of exercise of this power is preceded by the quasi-judicial enquiry, under Section 47 of the Act, into the matters affecting the interests of public in general. Section 48, sub-section (1), subjecting the power to grant stage carriage permits to provisions of Section 47 of the Act, includes what may be correctly characterised as the "quasi-judicial" power either to grant or refuse to grant a permit after consideration of matters stated in Section 47 of the Act. After that, we come to the power to attach conditions laid down in S. 48 (3), and we find :

"48 (3) The Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a service of stage carriages o




















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