ARBIND KUMAR SINGH versus NAND KISHORE PRASAD & ORS.

ARBIND KUMAR SINGH versus NAND KISHORE PRASAD & ORS.

The Patna High Court was competent to grant the certificate under Art. 133 in proceedings under Art. 226 affecting civil rights. The appellant had an outstanding liability to pay transport tax for 1950-51 at the time of permit grant, arising by statute. Failure to produce the clearance certificate disentitled him to the permit. The Minister of Transport was entitled to call for and consider additional evidence, provided it was disclosed to the appellant—evidence shows this was done. No breach of natural justice occurred.

Parties
Appellant: Arbind Kumar Singh; Respondent: Nand Kishore Prasad; Respondent: Respondent No. 2
Jurisdiction
India
Judgment Date
26 February 1968
Procedural Posture
Civil Appeal / Appeal From Patna High Court Judgment Under Art. 226, Certificate Under Art. 133
Outcome
appeal dismissed
Legal Topics
Appeal Procedure Under Constitution Art. 133, Scope of Civil Proceedings, Motor Vehicle Permit Conditions, Natural Justice in Administrative Proceedings
Constitutional Law Administrative Law Motor Vehicle Law Appeal Procedure Under Constitution Art. 133 Scope of Civil Proceedings Motor Vehicle Permit Conditions Natural Justice in Administrative Proceedings

Case Brief

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Parties

Arbind Kumar Singh

Appellant

Nand Kishore Prasad

Respondent

Respondent No. 2

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court Judgment Under Art. 226, Certificate Under Art. 133

Legal Issues

  1. 1 Whether the High Court was competent to grant a certificate under Art. 133 in proceedings under Art. 226
  2. 2 Whether the condition regarding payment of transport tax for permit grant was invalid
  3. 3 Whether the revising authority could call for and consider additional evidence

Ratio Decidendi

The Patna High Court was competent to grant the certificate under Art. 133 in proceedings under Art. 226 affecting civil rights. The appellant had an outstanding liability to pay transport tax for 1950-51 at the time of permit grant, arising by statute. Failure to produce the clearance certificate disentitled him to the permit. The Minister of Transport was entitled to call for and consider additional evidence, provided it was disclosed to the appellant—evidence shows this was done. No breach of natural justice occurred.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.