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1991 Supreme(SC) 631

M.H.KANIA, R.M.SAHAI
Gurcharan Singh Baldev Singh – Appellant
Versus
Yashwant Singh – Respondent


Advocates:
AMAN VACHHER, ARVIND VERMA, Dhruv Mehta, R.D.SHARMA, RAMESHWAR NATH ROY, RAVINDER NATH, S.K.MEHTA

JUDGMENT

R. M. SAHAI, J.:- The only legal question that arises for consideration, in this appeal directed against judgment of the Madhya Pradesh High Court is, if an application filed by an operator for renewal of his permit under Section 58 of Motor Vehicles Act, 1939, became extinct and was rendered non-existent, in eye of law, after coming into force of Motor Vehicles Act, 1988 or it being a right within meaning of clause (c) of Section 6 of General Clauses Act survived and continued despite repeal of 1939 Act.

2. The appellant, holder of a permit, for operating stage carrier on route Eklera Narsinghgarh in District Raigarh, applied for its renewal, as required, on 18th October; 1988, 120 days before the date of its expiry on 18th February, 1989 under Section 58(2) of the 1939 Act. The application was published on 23rd June, 1989, under Section 57(3) of the Act. But before renewal could be granted 1988 Act came into force on 1st July, 1989. The respondent who, too, had applied on 30th , December, 1988 for a fresh permit on the same route and on the same time schedule, withdrew his application and filed a fresh application on 18th May, 1990. The Regional Transport Authority after c
























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