T. B. IBRAHIM versus REGIONAL TRANSPORT AUTHORITY, TANJORE

T. B. IBRAHIM versus REGIONAL TRANSPORT AUTHORITY, TANJORE

Rule 268 as amended is intra vires the rule-making powers under s. 68 of the Motor Vehicles Act, 1939, and restriction on the bus-stand's use does not infringe Article 19(1)(g) of the Constitution as it is a reasonable restriction in the public interest.

Parties
Appellant: T. B. Ibrahim; Respondent: Regional Transport Authority, Tanjore
Jurisdiction
India
Judgment Date
05 December 1952
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Rule Making Powers, Ultra Vires, Reasonableness of Restriction, Fundamental Rights, Transport Regulation
Administrative Law Constitutional Law Transport Law Rule Making Powers Ultra Vires Reasonableness of Restriction Fundamental Rights Transport Regulation

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 5 Party arguments 2
Sign in to unlock

Parties

T. B. Ibrahim

Appellant

Regional Transport Authority, Tanjore

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court

Legal Issues

  1. 1 Whether amended rule 268 of the Madras Motor Vehicles Rules, 1940, was ultra vires the rule-making powers under s. 68(2)(r) of the Motor Vehicles Act, 1939
  2. 2 Whether the restriction upon use of the bus-stand infringed Article 19(1)(g) of the Constitution as an unreasonable restriction on the right to carry on a profession

Ratio Decidendi

Rule 268 as amended is intra vires the rule-making powers under s. 68 of the Motor Vehicles Act, 1939, and restriction on the bus-stand's use does not infringe Article 19(1)(g) of the Constitution as it is a reasonable restriction in the public interest.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs