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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rekha Borana
Bhanwri W/o Late Shri Fatta Ram Siyag – Appellant
Versus
State Of Rajasthan, Through Commissioner, Department Of Transport – Respondent
| Table of Content |
|---|
| 1. petition against license transfer rejection. (Para 1 , 2) |
| 2. arguments for equitable transfer of license. (Para 3 , 4 , 5 , 6) |
| 3. court's analysis on licensing authority's powers. (Para 7 , 8 , 12 , 20) |
| 4. facts regarding the license's validity. (Para 9 , 10) |
| 5. equity when law is silent on license transfer. (Para 11 , 18 , 21) |
| 6. court orders reconsideration of transfer application. (Para 22 , 23) |
| 7. conclusion and disposal of the petition. (Para 24 , 25) |
ORDER :
Rekha Borana, J.
1. The present writ petition has been preferred against the order dated 23.02.2024 (Annex.12) whereby the application as preferred by the petitioner for transfer of the license issued to her husband, for running the motor driving school, has been rejected.
2. The facts are that a license for running a Motor Driving School (hereinafter referred to as, ‘the School’) was issued to late Shri Fatta Ram, husband of the present petitioner. The said license was time to time renewed and holds valid till the year 2027. Unfortunately, Shri Fatta Ram expired in the year 2023 and the petitioner therefore, vide application dated 30.10.2023, prayed for transfer of the license in her name. However, the said appl
In absence of statutory provision for license transfer upon licensee's death, courts can grant equitable relief considering justice, good conscience, and the need to balance equities.
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Legal succession to a vehicle permit requires compliance with statutory mandates, including consent from all legal heirs, with proper proof of possession and validity of any claims based on a Will.
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Administrative authorities have a duty to process applications based on submitted documents; failure to forward documents by an intermediate office cannot be used as a ground to reject a request for ....
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