IKRAM KHAN versus STATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

IKRAM KHAN versus STATE TRANSPORT APPELLATE TRIBUNAL AND ORS.

Omission to mention the place of hearing in the notice is not fatal where the appellant is a resident of the same city, is a permit-holder familiar with the tribunal, and was duly notified about the hearing through adjournments; the Tribunal considered relevant factors under Section 47, including vehicle condition, thus compliance was sufficient.

Parties
Appellant: Ikram Khan; Respondent: State Transport Appellate Tribunal; Respondent: Respondent No. 3; Respondent: Respondent No. 4
Jurisdiction
India
Judgment Date
31 August 1976
Procedural Posture
Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment
Outcome
appeal dismissed
Legal Topics
Stage Carriage Permits, Grant of Permits, Appeal Procedure
Motor Vehicles Law Administrative Law Stage Carriage Permits Grant of Permits Appeal Procedure

Case Brief

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Parties

Ikram Khan

Appellant

State Transport Appellate Tribunal

Respondent

Respondent No. 3

Respondent

Respondent No. 4

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Rajasthan High Court Judgment

Legal Issues

  1. 1 Whether omission of place in notice under Rule 108(c) of Rajasthan Motor Vehicles Rules, 1951 for hearing is fatal to proceedings
  2. 2 Whether the Tribunal and Regional Transport Authority considered relevant matters as required under Section 47 of Motor Vehicles Act, 1939 for grant of stage carriage permits

Ratio Decidendi

Omission to mention the place of hearing in the notice is not fatal where the appellant is a resident of the same city, is a permit-holder familiar with the tribunal, and was duly notified about the hearing through adjournments; the Tribunal considered relevant factors under Section 47, including vehicle condition, thus compliance was sufficient.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed. No order as to costs.