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1996 Supreme(Cal) 273

BHAGABATI PRASAD BANERJEE, DIBYENDU BHUSAN DUTTA
ANIL KUMAR PANDA – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
AJIT PANJA, AMAL SEN, Biman Kanti Bose, M.P.BANERJI, RAMESWAR BHATTACHERJI

BHAGABATI PROSAD BANERJEE, J.

( 1 ) THE question involved in this appeal is with regard to the fixation of time-table after the permit had been granted long back. In order to appreciate the dispute that arose in this case, it is necessary to look into the provisions of the Motor Vehicles Act and the rules framed thereunder. Section 72 of the Motor Vehicles Act, 1988 (referred to as the "said Act"), provides the power of the authority to grant stage carriage permits. Sub-section (2) provides that the Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely :-" (IV) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;"

( 2 ) CLAUSE (xxii) of sub-sec. (2) of S. 72 of the said Act provides the power of the Transport Authority to vary the conditions of the permit and that it can only be done after giving notice of not le



















































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