DHANI DEVI versus SANT BIHARI & ORS .

DHANI DEVI versus SANT BIHARI & ORS .

In the absence of express statutory provision, the Regional Transport Authority has power to permit the successor in possession of the vehicles to prosecute a pending application for grant of stage carriage permit, as relief sought is dependent on possession. The High Court erred in setting aside the order allowing the appellant to continue the application.

Parties
Appellant: Dhanidevi; Respondent: Sant Bihari Sharma; Respondent: Chandra Kriti Singh
Jurisdiction
India
Judgment Date
18 October 1968
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order
Outcome
Appeals allowed
Legal Topics
Motor Vehicles Permits, Succession in Permit Applications
Administrative Law Transport Law Motor Vehicles Permits Succession in Permit Applications

Case Brief

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Parties

Dhanidevi

Appellant

Sant Bihari Sharma

Respondent

Chandra Kriti Singh

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order

Legal Issues

  1. 1 Whether the Regional Transport Authority has power to allow the successor in possession of vehicles to prosecute an application for stage carriage permit filed by a deceased applicant

Ratio Decidendi

In the absence of express statutory provision, the Regional Transport Authority has power to permit the successor in possession of the vehicles to prosecute a pending application for grant of stage carriage permit, as relief sought is dependent on possession. The High Court erred in setting aside the order allowing the appellant to continue the application.

Court Disposition

Appeals allowed

Orders

  • Order of the High Court is set aside.
  • Order of the Transport Minister is restored.