TMI Blog1970 (4) TMI 159X X X X Extracts X X X X X X X X Extracts X X X X ..... abulal and the Roadways then applied to the Regional Transport Authority, Salem, to sanction the transfer of the permit. The application was notified by the Transport Authority under Section 57(3) of the Motor Vehicles Act, and on January 24, 1964, at a public hearing the Transport Authority sanctioned the transfer subject to confirmation by the Transport Commissioner. This latter direction was made in compliance with G.O. 2205 issued by the State Government in purported exercise of power under Section 43-A of the Motor Vehicles Act introduced by Madras Act 20 of 1948. 3. The Roadways challenged by Writ Petition No. 1298 of 1964' filed in the High Court of Madras the validity of the order of the Transport Authority submit ting the or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppeal under the Letters Patent. The appeal filed by Asia Bi and Petition No. 1298 of 1964 filed by the Roadways were heard by the Madras High Court The High Court accepted the plea of the Roadways that G.O.No. 2205-Home dated July 1, 1961, issued by the Government of Madras could not control the exercise of quasi-judicial functions of the Regional Transport Authority. But the High Court was of the view that after the death of Sabulal the permit relating to Vehicle No. MDS-5217 could not be transferred under Section 61 of the Motor Vehicles Act to the Roadways, for, in their view the rights which the Roadways may have could only spring from Section 59(1) and not Section 61(2) of the Motor Vehicles Act. The High Court observed that the agreem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ght of the observations made in the judgment. Against that order the Roadways have preferred Appeals Nos. 145 146 of 1967 and Asia Bi has preferred Appeal No. 550 of 1967. 6. G.O.No. 2205-Home issued by the Government of Madras is without the authority of law. By that Order it is directed, inter alia, that all proposals formulated by the Transport Authorities regarding the transfer of permits in respect of stage carriages shall be submitted to the Transport Commissioner for confirmation. This Order was issued in exercise of the powers conferred by Section 43-A of the Motor Vehicles Act which was introduced by the Madras Legislature into the Motor Vehicles Act by Madras Act 20 of 1948. The section reads: The State Government may issu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of stage carriage shall be submitted to the Transport Commissioner for confirmation could be issued. G.O.No. 2205 was, therefore, invalid in law, and the Transport Authority was not competent to submit the papers regarding the proposed transfer of the permit standing in the name of Sabulal to the Roadways for confirmation to the Transport Commissioner. The direction submitting the order of the Transport Authority for confirmation must therefore stand vacated. 7. Whether Asia Bi could in the circumstances of the case withdraw the consent given by her husband Sabulal to the transfer of the vehicle to the Roadways has then to be considered. 8. Section 59, by Sub-section (1), provides: Save as provided in Section 61, a permit sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abulal and whether the Transport Authority was bound to drop the proceeding under Rule 199-A. 9. Sabulal had entered into a contract to transfer the vehicle to the Roadways. The Roadways had paid the price stipulated. It is true that the transfer of the permit relating to the vehicle may be effective only if sanction of the Trans port Authority is given. In the present case by order dated January 24, 1964, the Transport Authority said that he did not see any objection to permit the transfer, and recommended the transfer to the Transport Commissioner. The recommendation being, for reasons already stated, invalid, the order of the Transport Authority that he had no objection to permit the transfer must in our judgment amount to sanction of ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
