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1994 Supreme(Guj) 170

C.K.THAKKER
RAMKRISHNA BUS TRANSPORT – Appellant
Versus
STATE – Respondent


Advocates Appeared: B.N.KESHVANI, N.D.NANAVATI

C. K. THAKKER, J.

( 1 ) IN all these petitions, the petitioners have challenged the action of the respondent authorities of detaining and seizing Motor vehicles under Sec. 129a of the Motor Vehicles Act, 1939 (hereinafter referred to as "the Old Act") and under Sec. 207 of the Motor Vehicles act, 1988 (hereinafter referred to as "the New Act") inspite of their having All India Permits as contract carriages simply on the ground that the vehicles were not used as contract carriages. Common questions of fact and law have been raised in all petitions and it is, therefore, appropriate to decide them by a common judgment. For appreciating the controversy in question, few relevant facts of the petition first in point of time, i. e. , Special Civil Application No. 2866 of 1989 may now be stated.

( 2 ) THAT petition is filed by Ramkrishna Bus Transport and others for appropriate writ, direction and/or order under Art. 226 of the Constitution of India directing the respondents, their servants and agents including the authorised officers both of the Motor Vehicles Department and the Police department not to seize and detain the petitioners vehicles under Sec. 129a of the Motor Vehicles Act, 19






























































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