Patna Court February 1997 Judgments
Bihar Transport Association and anr. Vs. State of Bihar and ors.
Court: Patna
Decided on: Feb-04-1997
Aftab Alam, J.1. Bihar Transport Association and its honorary General Secretary are petitioners 1 and 2 respectively in this writ petition. They seek a declaration from this Court that having regard to the facts and circumstances of this case the action of the respondent authorities in realising late fine at the rate of Rs. 100/- per month for each State for the issuance of authorisation slips under Rule 87 of the Central Motor Vehicles Rules was with out any legal sanction; the petitioners consequently further seek a direction to the authorities for the refund of the money realised as late fee.2. For operating a goods carriage vehicle in other States the operator requires a national permit as provided under Sub-section (12) of Section 88 of the Motor Vehicles Act, 1988. Further, for grant of permit for operating a goods carriage vehicle outside the State, an authorisation is issued by the State Transport Authority. The authorisation is issued for a period not exceeding one year at a ...
Tag this Judgment!Sushil Kumar Modi and ors. and Brishen Patel and ors. Vs. State of Bih ...
Court: Patna
Decided on: Feb-03-1997
1. The hearing of these cases was taken up after disposal of Civil Appeals Nos. 304-35 of 1997, preferred in the Supreme Court against the orders dated November 13, 1996, and December 19, 1996, passed by this court. 2. The Supreme Court in its order dated January 24, 1997, has held that the nature of proceedings before the High Court is somewhat similar to those pending in the Supreme Court in Writ Petition (Crl.) Nos. 340-343 of 1995--Vinit Narain v. Union of India and Writ Petition (Civil) No. 640 of 1995-Anukul Chandra Pradhan v. Union of India, and, therefore, the High Court is required to proceed with the matter in a similar manner and on the same lines. At another place, the Supreme Court has observed that keeping in view the nature of the proceedings and the manner in which the exercise is to be performed to ensure performance of its duty by the CBI, guidance through counsel for the CBI could have been given by the High Court without entering into the merits of any of the accu...
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