TANSUKH RAI JAIN versus NILRATAN PRASAD SHAW AND OTHERS

TANSUKH RAI JAIN versus NILRATAN PRASAD SHAW AND OTHERS

Bihar s. 64A is not rendered wholly void nor repealed by Central s. 64A; its scope is limited such that revisions against non-appealable orders of the Regional Transport Authority must first be preferred to the State Transport Authority; otherwise, Bihar s. 64A continues to operate except to the extent of direct repugnancy.

Parties
Appellant: Tansukh Rai Jain; Respondent No. 1: Nilratan Prasad Shaw
Jurisdiction
India
Judgment Date
04 November 1964
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Patna High Court, Misc. Judicial Case No. 1381 of 1962
Outcome
Appeal allowed
Legal Topics
Repugnancy Under Article 254, Motor Vehicles Act Amendments, State and Central Legislative Conflict
Constitutional Law Administrative Law Transport Law Repugnancy Under Article 254 Motor Vehicles Act Amendments State and Central Legislative Conflict

Case Brief

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Parties

Tansukh Rai Jain

Appellant

Nilratan Prasad Shaw

Respondent No. 1

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Patna High Court, Misc. Judicial Case No. 1381 of 1962

Legal Issues

  1. 1 Whether Central s. 64A renders void or repeals Bihar s. 64A under Article 254 of the Constitution
  2. 2 Whether provisions of Bihar s. 64A are repugnant to Central s. 64A
  3. 3 Whether the State Government was competent to revise the order made by the appellate authority

Ratio Decidendi

Bihar s. 64A is not rendered wholly void nor repealed by Central s. 64A; its scope is limited such that revisions against non-appealable orders of the Regional Transport Authority must first be preferred to the State Transport Authority; otherwise, Bihar s. 64A continues to operate except to the extent of direct repugnancy.

Court Disposition

Appeal allowed

Orders

  • Order of the Patna High Court set aside
  • Order of State of Bihar granting permit to appellant Jain restored