ACHYUT SHIVRAM GOKHALE versus REGIONAL TRANSPORT OFFICER & ORS.

ACHYUT SHIVRAM GOKHALE versus REGIONAL TRANSPORT OFFICER & ORS.

A special permit issued under section 63(6) is legally distinct from a contract carriage permit under section 51, and an approved scheme under section 68-D does not prevent Regional Transport Authorities from issuing special permits in accordance with law. Requiring a 'No Objection Certificate' for special permits is unwarranted under the scheme.

Parties
Appellant: Achyut Shivram Gokhale; Respondents: Regional Transport Officer & Ors.; Intervener: A. Mariarputham
Jurisdiction
India
Judgment Date
16 August 1988
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment in W.p. No. 562 of 1986
Outcome
Appeal disposed of. Judgment of Bombay High Court set aside.
Legal Topics
Motor Vehicles Act, Permits, Contract Carriage, Special Permit, Scheme Under Section 68 D
Transport Law Motor Vehicles Act Permits Contract Carriage Special Permit Scheme Under Section 68 D

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Achyut Shivram Gokhale

Appellant

Regional Transport Officer & Ors.

Respondents

A. Mariarputham

Intervener

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment in W.p. No. 562 of 1986

Legal Issues

  1. 1 Whether a person excluded from an approved scheme under section 68-D of the Motor Vehicles Act can obtain a special permit under section 63(6)
  2. 2 Difference between contract carriage permit and special permit

Ratio Decidendi

A special permit issued under section 63(6) is legally distinct from a contract carriage permit under section 51, and an approved scheme under section 68-D does not prevent Regional Transport Authorities from issuing special permits in accordance with law. Requiring a 'No Objection Certificate' for special permits is unwarranted under the scheme.

Court Disposition

Appeal disposed of. Judgment of Bombay High Court set aside.

Orders

  • No costs.