text stringlengths 5 5.67k |
|---|
Since the present case is entirely outside section 84 it inevitably falls to be considered on considerations of general policy, and as we have already held, judged in the light of such considerations it must be held that the public interest would be less injuriously affected if the property is allowed to remain where i... |
Therefore, we must hold that the High Court was in error in not giving effect to the finding recorded by the trial court that the fraud mutually agreed upon and contemplated by respondents 1 and 2 had been effectively carried out and that in the 758 carrying out of the fraud both the parties were equally guilty. Ratio |
The appeal must, therefore, be allowed and the suit instituted by respondent 1 must be dismissed. RPC |
In the circumstances of this case we direct that the parties should bear their own costs, throughout. RPC |
Appeal allowed. RPC |
Appeal No. 332 of 1962. FAC |
Appeal by special leave from the judgment and order dated August 31, 1961, of the Rajasthan High Court in D.B. Civil Writ No. 76 of 1961 ' 376 M. C. Setalvad, Attorney General of India, N.C. Chatterjee, L. L.Sharma, M. K. Ramamurthi, R. K. Garg, section C. Agarwal and D. P. Singh, for the appellant. FAC |
P. D. Menon, for respondents Nos. 1 and 7. FAC |
C. K. Daphtay, Solicitor General of India, Rameshwar Nath, section N.Andley and P.L.Vohra, for the respondents Nos. 2 (6). FAC |
November 21. FAC |
The judgment of Gajendragadkar, Wanchoo, Das Gupta and Ayyangar, JJ., was delivered by Das Gupta, J. Sarkar, J., delivered a separate judgment. FAC |
DAS GUPTA, J. At Pushkar in Rajasthan exists a tank which has long been considered one of the holiest places of the Hindus and a well known place of pilgrimage. FAC |
the east of the lake runs a road approximately north to south. FAC |
The Ghats for getting into the lake are situated contiguous west of this road. FAC |
Several Dharmshalas and at least one Gurudwara have been established by the side of this road not far from the lake. FAC |
A temple of Hanumanji stands east of the road, a short distance from the southern edge of the lake. FAC |
Another temple close to the road is the temple of Rangji. FAC |
This is situated very near the Ghats and to the east of the road. FAC |
There is also a temple of Brahamaji further away towards the north but on this very road a little away from where the road further north cast from the edge of the lake meets, another Road Ganera Deedwana Nagar. FAC |
Towards the south of the Dharamashalas the road goes on to Ajmer. FAC |
The police station of Pushkar is situated at some distance from the Pushkar lake. FAC |
The police station stands on a road which goes on towards Ganera Deedwana Nagar to the north; and on the south joins the road 377 to Ajmer, Thus the road running north to south by the side of the police station and the road running by the east of the Ghats of the lake meet a short distance north of the police station a... |
In this way the two roads form a somewhat irregular figure almost like a triangle. FAC |
The pilgrims use this road in coming to the lake and for this purpose can avail of a number of motor transport services. FAC |
The dispute which is the subject matter of the present appeal is as regards the location of the bus stand at Pushkar, for these numerous motor transport services. Ratio |
For many years the bus stand was located by the side of the road which runs cast of the lake, a little away to the north of Hanumanji 's temple and very near the, Dharamiashalas. FAC |
On MAy 24, 1948, the Municipal Board of Pushkar passed a resolution that the Bus stand should be shifted to another site by the side of the road which passes by the police station. FAC |
By the same resolution it was resolved to construct a passenger shed, pivaoo, baths, latrines, urinals and other facilities for the convenience of the passengers at the new bus stand as proposed. FAC |
The Regional Transport Authority in its meeting held on December 3 & 4, 1959, considered this proposal and passed a resolution in the following words . "The Bus stand for Pushkar will be the plot of land at the junction of the Hallows Road with Ganera Road near the Police Station and Kalkaji 's Temple. FAC |
The present bus stand on the northern Patri between Hanumangarhi Temple and Bralimannandji 's Baghichi will cease to be a bus stand and will be a bus stop only. FAC |
The buses will not pass through the city. FAC |
They will go back from the bus stop to the new bus stand. FAC |
The Municipal Board will provide the necessary facilities. FAC |
The buses will shift to 378 the new bus stand after such facilities are provided." FAC |
It was not however until June 28, 1960, that a public notification was issued in pursuance of the resolution. FAC |
On that date a notification was issued notifying the public of the resolution of the Regional Transport Authority fixing the new stand for buses at Pushkar and discontinuing the old stand but directing that it will be used as a bus stop. FAC |
The notification further stated that the buses shall not pass through the city but will proceed to the new stand back from the bus stop and that except the above mentioned bus stand no other place shall be used as a bus stand in Pushkar. FAC |
It was after this notification was issued, that the new arrangement came into force. FAC |
Long before this notification was made, two residents of Pushkar, Jai Narain and Madan Mohan moved before the State Transport Authority an application for revision of ' the decision of the Regional Transport Authority changing the bus stand. FAC |
This application purported to be under section 64A of the Motor Vehicles Act. FAC |
It was heard by the State Transport Authority on February 18, 1960, and was rejected the same day. FAC |
On April 13, 1960, five bus operators of the Ajmer Pushkar route moved a fresh application for revision under section 64A of the Motor Vehicles Act against the Regional Transport Authority's decision to change the stand. FAC |
This application was decided by an order dated January 6, 1961. FAC |
The State Transport Authority rejected the preliminary objection raised by the respondent 's counsel that no revision lay against the Regional Transport Authority 's order and also the objection that the matter in dispute had already been heard and decided on February 18, 1960 and the State Transport Authority had no r... |
It also rejected the contention that the revision petition was barred by limitation. FAC |
Coming to the merits of the case the State Transport Authority was of opinion that the proposed new bus stand was likely to be a source of inconvenience to women pilgrims and children and that the old bus stand should be retained from the point of view of both public utility and convenience. Ratio |
Accordingly, the State Transport Authority allowed the application for revision and reversed the decision of the Regional Transport Authority and directed that the old bus stand should continue to be recognised as the official bus stand for the Pushkar town. Ratio |
Against this order of the State Transport Authority the Municipal Board of Pushkar moved the High Court of Rajasthan under article 226 of the Constitution and prayed for appropriate writs or directions, setting aside the State Transport Authority's order of January 6, 1961. Ratio |
The main grounds on which this relief was sought were : (1) that the order of the Regional Transport Authority had been made under section 76 of the Motor Vehicles Act and was therefore not liable to revision; (2) that, in any case, the application was barred by limitation; and (3) that the State Transport Authority ha... |
The High Court came to the conclusion that there was no substance in any of these contentions and rejected the application. RLC |
It is against this decision of the High Court that the present appeal has been filed by the Municipal Board, Pushkar, with special leave. FAC |
In support of the appeal the learned Attorney General has contended that the HighCourt 's decision on all these three points was incorrect. FAC |
He has reiterated before us that the order of the Regional Transport Authority changing the bus stand must be held to have been made under section 76 of the Motor Vehicles Act and therefore not liable 380 to revision, that the application for revision wits barred by limitation and thirdly, that in any case, the first r... |
The first question that arises for decision therefore is whether the Regional Transport Authority 's order has been made under section 76 of the Motor Vehicles Act or, as urged on behalf of the respondents, it was made under section 68 of the Act. Ratio |
Section 76, it has to be noticed, is in Chapter VI of the Motor Vehicles Act which deals with the control of traffic. STA |
Section 68 is in Chapter TV which deals with the, control of transport vehicles. STA |
Section 76 gives power to the State Government or any authority authorised in this behalf by the State Government "to determine places at which motor vehicles may stand either indefinitely or for a specified period of time" and also to determine the places at which public service vehicles may stop for a longer time tha... |
According to the learned Attorney General it is under this power to determine a place at which motor vehicles may stand indefinitely or for a specified period of time that the location of a bus stand is and can be determined by the State Government or any other authority authorised by it in this behalf. ARG |
The rival contention on behalf of the respondent is that the determination of places at which motor vehicles may stand either indefinitely or for a specified period of time means the determination of parking place while the determination of places at which public service vehicles may stop for a longer time than is nece... |
Neither of these, it is urged, has anything to do with the provision of a bus stand. Ratio |
A bus stand, it is argued on behalf of the respondents, means the place where a bus service either commences or terminates. ARG |
This according to the learned Solicitor General, who appeared for the respondents, has to be done under a rule made under section 68(2) (r) of the Act, giving power to the Regional Transport Authority to fix bus stands. ARG |
Section 68 empowers the State Government to make rules for the purpose of carrying into effect the provisions of Chapter IV. STA |
The second subsection provides that without prejudice to the generality of the power just mentioned rules under this section may be made with respect to all or any of the matters mentioned in the clause set out in the sub section. Of these cl.(r) is in these words: Section 68 (2) (r). "prohibiting the picking up and se... |
In order to make an effective rule under this clause under section 68(2), it is said, it is first necessary to have duly notified stands. Ratio |
This clause contemplates, it is urged, that a rule has to first provide for the notification of certain stands for transport vehicles and, secondly, for prohibiting the picking up and setting down of passengers by stage or contract carriages inter alia at places other than the stands which have been duly notified. Rati... |
The learned Solicitor General has further urged that the question whether 382 the fixation or alteration of bus stands can be made under section 76 or section 68 of the Act is no longer res integra and must be taken to have been decided in favour of his contention in T. B. Ibrahim vs Regional Transport Authority, Tanjo... |
(1) There is, in our opinion, force in this argument T. B. Ibrahim, the appellant in that case, had a bus stand at a site belonging to himself. ARG |
On February 21, 1950, the Regional Transport Authority, Tanjore declared that bus stand as unsuitable and with effect from April 1, 1950, altered the starting and terminal points by means of two resolutions purporting to have been passed under section 76 of the Motor Vehicles Act. FAC |
When the validity of these resolutions was challenged before the Madras High Court by a petition under article 226 of the Constitution the High Court held that section 76 did not authorise the respondent to close the previous bus stand and quashed the orders. FAC |
On November 10, 1950, the Regional Transport Authority of Tanjore, after hearing the appellant Ibrahim and the Municipality passed a resolution that for good and proper reasons, viz., the convenience of the travelling public the Transport Authority had resolved to alter the starting places and termini of all public ser... |
Against this resolution a fresh petition under article 226 was filed in the High Court but the petition was dismissed. FAC |
Against the High Court 's order, Ibrahim appealed to this Court by special leave and it is the judgment in that appeal which has been reported in [1953] section C. le. 290. FAC |
The impugned resolution was passed by the Transport Authority under Rule 268 of the Madras Motor Vehicles Rules, as amended. FAC |
The amended Rule was in these words : 268. FAC |
In the case of public service vehicles (other than motor cabs) the transport authority (1) ; 383 may after consultation with such other authority as it may consider desirable and after notice to the parties affected, fix or alter from time to time for good and proper reasons, the starting places and termini between whi... |
A list of such places shall be supplied by such authority to every holder of a permit for such vehicles at the time of grant of or renewal of permits. FAC |
When such places have been fixed every such vehicle shall start only from such places". FAC |
The very first ground that was urged in support of the second writ petition in the High Court was that Rule 268, as amended, was beyond the rulemaking power conferred by section 68(2)(r) of the Motor Vehicles Act. FAC |
This contention was rejected by the High Court and was repeated before this Court and was rejected by this Court also. Ratio |
After setting out the material portion of section 68, the Court pointed out that the purpose of Chapter IV was described by the compendious expression "control of transport vehicles", and the Provincial Government was invested with plenary powers to make rules for carrying out that purpose and then observed : "Keeping ... |
Sub section 2(r) clearly contem plates three definite situations. Ratio |
It prohibits the 384 picking up or setting down of passengers (i) at specified places, (ii) in specified areas, and (iii) at places other than duly notified stands or halting places." "If the power to make rules in regard to these matters is given to the Government, then it follows that a specified place may be prohi b... |
This will inevitably result in the closing of that specified place for the purpose of picking up or setting down of passengers. Ratio |
Similarly a specified area may be excluded for the same purpose. Ratio |
The expression "duty notified stands" is not defined in th` Act, but it is reasonable to presume that a duly notified stand must be one which is notified by the Transport Authority and by none other. Ratio |
There is no warrant for the presumption that it must be notified by the Municipality. Ratio |
" The Court then discussed certain provisions of the Madras District Municipalities Act and said that these provisions did not affect the power of the Transport Authority to locate traffic control and that if Rule 268 was within the rule making authority, it followed that it could riot be challenged as being void becau... |
The discussion on this point was con cluded in these words : "Section 68, sub section (2)(r) involves both a general prohibition that the , stand will cease to exist as well as a particular prohibition, namely, that passengers shall riot be picked up or set down at a specified point. Ratio |
The order passed by the Transport Authority properly construed falls within the ambit of section 68 sub section 2(r). Ratio |
Rule 268 under which the order impeached was passed is a rule framed 385 under the plenary rule making power referred to in section 68, sub section (1). Ratio |
Sub sec tion (2) (za) says that a rule may be made with respect to any other matter which is to be or may be prescribed. Ratio |
This shows the existence of residuary power vested in the rule making authority. Ratio |
It follows therefore that Rule 268 is within the scope of the powers conferred under section 68 of the Act. Ratio |
" We have deliberately made these extensive quotations from the previous judgment of this Court because they clearly show, as nothing else can, that the Court had to consider in that case the question whether s.68(2) (r) did confer upon the Transport Authority the power to direct fixing or alteration of a bus stand and... |
Ibrahim 's case is thus a clear and direct authority for the proposition that under section 68(2)(r) of the Motor Vehicles Act the State Government has power to frame rules empowering the Regional Transport Authority to fix or alter bus stands. Ratio |
The notification of June 28, 1960, mentions Rule 134 of the Rajasthan Motor Vehicles Rules, 1955, as the source of the power under which the new bus stand was fixed, the old bus stand was discontinued and it was ordered that no other place except the new bus stand should be used as a bus stand at Pushkar. Ratio |
The material portion of Rule 134 reads thus: "A Regional Transport Authority by notification in the Rajasthan Gazette, or by the erection of traffic signs which are permitted for the purpose under subsection (1) of section 75 of the Act. or both, may, in respect of the taking up or setting down of passengers or both, b... |
This rule clearly empowers the fixation or alteration of bus stands. Ratio |
In framing the Rajasthan Motor Vehicles Rules, 1951, of which Rule 134 form part the Rajasthan Government mentioned the numerous sections which give the Government the power to frame rules as the "authority under which the rules were being made, viz., sections 21, 41, 65, 68, 70, 71, (2), 73, 74, 75, 77, 80, 86, (2), 8... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.