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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Chaalak Shakti & Ors – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
1. The Petitioners have filed the instant writ petition stating that the drivers of auto rickshaws and taxis are being prosecuted and heavily challaned for not wearing uniforms when there is no clarity on the colour of uniform, specification of fabric, design and the nature of fabric to be used by the drivers.
2. Petitioner No.1, Chaalak Shakti, which claims to be a trade union of drivers, is a society registered under the Societies Registration Act, 1860. The Petitioners have filed the instant writ petition with the following prayers:
"1) Strike down Rule 7 of Delhi Motor Vehicles Rules, 1993.
2) Strike down permit conditions as notified vide S.O. 415(E) dated 8-6-1989 issued under section 88(11)(ii) of the Motor Vehicles Act, 1988.
3) Quash any condition of any permit issued by respondent no. 1 in relation of uniform required to be worn by the drivers of transport vehicles.
4) Direct the respondents to pay legal costs to the petitioners. "
3. It is stated by the Petitioners that Respondent No.1 has brought out the Delhi Motor Vehicle Rules, 1993 (hereinafter referred to as `the DMV Rules') and Rule 7 of the DMV Rules prescribes that the driver of a public service vehicle
The competence of the Central Government to issue notifications under Section 88 of the MV Act for tourist vehicles and the competence of the State Government to lay down rules for the uniform to be ....
The imposition of eligibility conditions for auto rickshaw permits must be backed by statutory authority; the State's requirement for knowledge of Marathi is illegal as it lacks foundation in law.
The judgment established the legal framework for imposing conditions in Permits under the Motor Vehicles Act, 1988, and ruled on the discriminatory nature of certain conditions, the authority of the ....
The grant of permits to private operators on nationalized routes is prohibited under the scheme framed under Chapter IVA of the Motor Vehicles Act, 1939.
State Government lacks authority to impose vehicle age limit for permit issuance under the Motor Vehicles Act, 1988; such power is vested solely with the Central Government.
The State Government lacks authority to issue circulars imposing vehicle age limits for permit renewals, a power reserved for the Central Government under the Motor Vehicles Act, 1988.
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