Court : Andhra Pradesh
Reported in : [1963]47ITR101(AP)
..... a corporation owned or controlled by the state government, there ..... undertaking providing road transport services, where such undertaking is carried on by the central government or a state government; (ii) any road transport corporations act, 1950; (iii) the delhi road transport authority established under section 3 of the delhi road transport authority act, 1950, and (iv) any municipality or any corporation or company owned or controlled by the state government. if the road transport corporation established under section 3 of the road transport corporations act, 1950, was .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)82BOMLR678
..... the state government and ultimately by the legislature and which is established to subserve public needs and requirements as indicated by section 3 of the road transport corporation act. it is established by and subservient to the executive of the state. its policies, its programmes and its failures are subject to public scrutiny ..... to be followed by the high court will have to be in accordance with the tenor of these observations. we find further, although the road transport corporation act is not referred to in that detail -as we have done, that the approach and particularly the observations contained in para 11 of the ..... , itself provides for the final safeguard for the proper control and maintenance of such corporation. once the very concept of state corporation is properly understood particularly the state transport corporation, with all the provisions and safeguards contained in the road transport corporation act, then, both the questions which are required to be answered, fall in a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1974P& H140
..... provisions of s. 20 of the said act are applicable to this corporation, but the question still remains whether the non-taking of the sanction regarding ..... obtained by the pepsu road transport corporation, as is envisaged under section 20 of the road transport corporation act, 1950, and therefore, the scheme is vitiated, i am inclined to hold that there is no merit and this contention as well. no doubt the pepsu road transport corporation is a corporation constituted under the road transport corporation act, 1950, and the ..... government and the punjab government was implied there, and thus there is a substantial compliance with the provisions of section 20 of the road transport corporation act. it has been further averred that the petitions are without any merit and should be dismissed.11. first of all i shall deal .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1968Raj169
..... raised by mr. jain. while addressing his arguments on this contention mr. jain divided it into two parts; firstly it is argued that the rajasthan state road transport corporation constituted by the state government under the road transport corporation act, 1950 was a different legal entity from the rajasthan state roadways and as such it could not step into the shoes of the rajasthan state roadways and ..... a successor of the roadways. our attention has been drawn to the administrative instructions issued by the state government in exercise of the powers conferred by section 34 of the road transport corporation act. 1950, whereby it was directed by the state government that except the buildings, and other immovable property belonging to the roadways department all other properties of the department including the .....
Tag this Judgment!Court : Kerala
Reported in : (1993)IILLJ71Ker
..... 1:7.5. government itself has taken note of this over-staffing and has issued directions under section 34 of the road transport corporations act directing that no appointment shall be made in the corporation, that loss should be progressively reduced and the rate of return of 3% prescribed by the finance commission should be reached ..... the loss of the corporation, which will have to be made up by the travelling public at large.10. it is not ..... to be filled up. the larger public interest is therefore against overloading the corporation with employees they do not require. in fact, this has been noted by the government when they issued the direction under section 34 of the road transport corporations act. the excess appointments will necessarily lead to financial constraints and add to .....
Tag this Judgment!Court : Kolkata
pratap kumar ray, j.1. this writ application has been filed by 60 writ petitioners jointly, who are retired employees of south bengal state transport corporation being a corporation created under the road transport corporation act, 1950 by the state of west bengal retaining its full control over the management, function and finance. out of the said 60 writ petitioners, 36 writ petitioners retired before 1st ..... same procedure by which it was framed, mere decision of board cannot amend or supersede it. furthermore, a statutory regulation, namely, pension regulations, 2002, framed under section 45 of the road transport corporation act, 1950, cannot be superseded or annuled by executive decision of board after it is duly notified and gazetted. it is a settled law that there is no substantive difference between .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant104; AIR1968Mys104
..... to the scheme prepared under-section 68-c, there was substantial compliance with the requirements of section 20 of the road transport corporations act.,(35) on the question whether the provisions of section 20 of the road transport corporations act stand displaced by the scheme approved under section 68-d by the state government, which receives the imprimatur of ..... we negative the contention urged on behalf of the petitioners on the short ground that even if adherence to the provisions of section 20 of the road transport corporations act was not dispensed with, by the approval of the central government under the proviso to section 68-d and on that question we desist from ..... petitioners should not be allowed to urge a contention which involves an investigation into a pure question of fact, such as whether section 20 of the road transport corporations act refers, and whether, in the context of the scheme, the previous approval of the state of mysore or the concurrence of the state of andhra .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H361
..... was neither raised, nor decided in the bombay case. in view of the provisions of the road transport corporations act, 1950, it was rightly assumed in that case that the bombay state transport corporation was a juristic person which would in ordinaryparlance be called a company. the case of ishwarlal girdharlal joshi, air 1968 sc 870 (supra) does ..... dealing with the second ingredient of section 3(e) of the act while deciding whether the bombay state transport corporation, established under the road transport corporations act, 1950, was or was not a company within the meaning of that provision. it was held that the state transport corporation was a corporation incorporated by an 'indian law.' the question whether state transport corporation satisfied the first ingredient of section 3(e) or not .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H118
..... first ingredient of s. 3(e) or not was neither raised, nor decided in the bombay case. in view of the provisions of the road transport corporations act, 1950, it was rightly assumed in that case that the bombay state transport corporation was a juristic person which would in ordinary parlance he called a company...............'from the aforesaid observations, it is evident that the learned judges ..... case, the question, with which we are faced in the instant case, was directly involved, and on consideration of the statutory provisions of the road transport corporation act, 1948, which are closely analogous with the provisions of the corporation act, the learned judges held that the state transport corporation, having been incorporated by an 'indian law' fell within the definition of s. 3(e) of the land acquisition .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP292
..... statute for adopting an institution by the reorganised state.24. allied with this topic is the argument that it is only under section 47-a of act 87 of 1956 which amended the road transport corporation act that the state transport undertaking as it existed should be reconstructed or amalgamated in the reorganised state. if the procedure laid down under section 47-a has not been ..... that the transfer of the assets and liabilities of the previous undertaking to the state transport undertaking of the andhra pradesh government is unauthorised and illegal. irrespective of section 34 of the road transport corporation act which authorises the government to issue instructions to the transport corporation, section 81 of the states reorganisation act operates to transfer the assets and liabilities relating to any commercial or industrial undertaking .....
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