Kolkata Court September 1972 Judgments
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Federation of Bus Syndicate and ors. Vs. the State of West Bengal and ...
Court: Kolkata
Decided on: Sep-01-1972
Reported in: AIR1973Cal389
ORDERBanerjee, J.1. In this Rule the petitioners challenge the jurisdiction of the Regional Transport Authority to fix the fares for stage carriages. The petitioner No. 1 is a registered association of Private Stage Carriages. It is stated that under Section 43 of the Motor Vehicles Act the State Government is the sole authority to issue the directions regarding the fixation of fares for the stage carriages. It is stated that under Section 43(3)(xii) of the Act the Regional Transport Authority has been given power to attach to the stage carriage permit a condition with regard to fare that shall be charged in accordance with the approved fare table. It is alleged that the State Government has not yet issued any direction with regard to the fixing of fares for the stage carriages in accordance with the provisions of Section 43 of the said Act and as such the Regional Transport Authority has illegally purported to fix a fare table for the carriage of the passengers on ad hoc basis. The pe...
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