RAMESH CHAND ETC. ETC. versus STATE OF U.P. AND OTHERS
Sections 7 and 16 of U.P. Motor Vehicles (Special Provisions) Act, 1976 validly provide that specification of the number of services is not an essential requirement in schemes under Sections 68C and 68D of the Motor Vehicles Act, 1939; schemes are not invalid for lack thereof.
- Parties
- Appellant: Ramesh Chand etc. etc.; Respondent: State of U.P. and others
- Jurisdiction
- India
- Judgment Date
- 04 September 1979
- Procedural Posture
- Civil Appeal, Writ Petition, Special Leave Petition / Supreme Court Final Judgment
- Outcome
- Appeals, special leave petitions and writ petitions dismissed with costs.
- Legal Topics
- Motor Vehicles—scheme Validity, State Transport Undertaking, Specification of Number of Services, U.p. Motor Vehicles (special Provisions) Act, 1976
Case Brief
Summary, issues, holding and outcome
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Parties
Ramesh Chand etc. etc.
Appellant
State of U.P. and others
Respondent
Procedural Posture
Civil Appeal, Writ Petition, Special Leave Petition / Supreme Court Final Judgment
Legal Issues
- 1 Whether Sections 7 and 16 of U.P. Motor Vehicles (Special Provisions) Act, 1976 dispense with specification of number of services in transport schemes under Sections 68C and 68D of Motor Vehicles Act, 1939
- 2 Whether failure to specify the number of services in the scheme invalidates the scheme
Ratio Decidendi
Sections 7 and 16 of U.P. Motor Vehicles (Special Provisions) Act, 1976 validly provide that specification of the number of services is not an essential requirement in schemes under Sections 68C and 68D of the Motor Vehicles Act, 1939; schemes are not invalid for lack thereof.
Court Disposition
Appeals, special leave petitions and writ petitions dismissed with costs.
Orders
- Appeals, special leave petitions and writ petitions are dismissed with costs.
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