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1994 Supreme(Kar) 381

S.RAJENDRA BABU, S.VENKATARAMAN
BHARATH KUMAR – Appellant
Versus
KARNATAKA STATE TRANSPORT APPELLATE TRIBUNAL – Respondent


Advocates:
M.R.Venkatanarasimhachar, S.A.NAZIR

RAJENDRA BABU, J.

( 1 ) THIS appeal is filed under Section 4 of the Karnataka High Court Act, questioning the correctness of an order made in Writ Petition No. 38181 /92 on 6/08/1993. By the said order, the learned Single Judge dismissed the writ petition questioning the correctness of the conditions imposed for grant of a permit, however modifyingthe said order to certain extent in regard to the age of vehicle that could be covered by a permit granted under the Motor Vehicles Act, 1988 (hereinafter referred to as the Act ).

( 2 ) THE appellant applied for grant of a stage carriage permit. The R. T. A. , Mangalore, granted permit subject to certain conditions including that the petitioner shall produce the documents of 1985 or later model vehicle within 30 days from the date of receipt of the proceedings. The matter was carried in appeal to the Karnataka State Transport Appellate Tribunal contending that the condition imposed in regard to the age of the vehicle was illegal. The appeal was allowed and the resolution of the R. T. A. was modified to the effect that the appellant shall be granted permit in respect of a 1983 model vehicle subject to the condition of replacing the said v












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