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1959 Supreme(Pat) 108

V.RAMASWAMI, R.K.CHOUDHARY
M. N. Sharma – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. A common question of law arises for determination. in all these applications which have been heard together, namely, whether the order of the Minister of Transport of the Bihar Government, dated 4-10-1958, made under Sec. 64A of the Motor Vehicles Act, as introduced by the Bihar Amendment (Bihar Act XXVII of 1950) is illegal because the application was made by the Rajya Transport, opposite party No. 4, on 25-3-1957, long after the period of limitation as prescribed by the section had expired. Sec. 64A of the Motor Vehicles Act, as introduced by the Bihar Amendment, is in the following terms :

"64A. The State Government may, on application made to it in this behalf, within thirty days of the passing of the order in the course of any proceedings taken under this Chapter by any authority or officer subordinate to it, call for the records of such proceedings, and after examining such records pass such order as it thinks fit".

2. It is the admitted position that in all these cases the respective petitioners filed appeals under Sec. 64 of the Motor Vehicles Act before the State Transport Appellate Authority against the order of the East Bihar Regional Transport Authority, Bhag












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