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1992 Supreme(SC) 734

S.RANGANATHAN, V.RAMASWAMI, YOGESHWAR DAYAL
Bruendra Kumar Chaudhari: Dharampal Singh: Premlata Sharma – Appellant
Versus
State Of U. P. : State Transport Authority, U. P. Lucknow: State Transport Authority – Respondent


Advocates:
B.S.Chauhan, D.K.GARG, D.V.Sehgal, R.B.MISHRA, R.C.KAUSHIK, VISHVAJIT SINGH

Judgment

V. RAMASWAMI, J.

(1) WE granted leave and dismissed the appeals on 27/03/1992. Here are our reasons for the dismissal of the appeals. In Gur Bachan Singh v. Regional Transport Officer, Kanpur a division bench of the Allahabad High court in their order dated 19/04/1985 held on the ground that as the Transport Authority had granted contract carriage permits to their mini buses to be plied as motor cars, the operators were free to pick up individual passengers from one point to other. They further held that:

"THE definition of contract carriage was widened by the amendment made by Act 56 of 1969, as a result of which a contract carriage permit holder is entitled to carry passenger or passengers for hire or reward on a route or distance, or from one point to another. The only restriction is that it cannot stop between one point to the other to set down and pick up passengers. Ordinarily contract carriage permit holder is entitled to carry passengers from one point to another; but the extended meaning has made it clear that the contract carriage can be operated as motor carriage notwithstanding that the passengers pay separate fares. Thus it is apparent

































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