Court : Supreme Court of India
Reported in : AIR1961SC82; [1961]1SCR642
Subba Rao, J.1. These petitions are filed under Art. 32 of the Constitution of the enforcement of the petitioners' fundamental right to carry on the business of motor transport in West Godavari District in the State of Andhra Pradesh by the issuance of writs of certiorari or any other appropriate writs, orders or directions to quash the schemes of road transport services as finally approved by the Government of Andhra Pradesh on March 21, 1960, and for other incidental reliefs. 2. In exercise of the powers conferred by s. 68C of the Motor Vehicles Act (IV of 1939), as amended by the Central Act 100 of 1956, (hereinafter called the Act), Shri Guru Pershad, the Chief Executive Officer, Andhra Pradesh State Road Transport Corporation, (hereinafter called the Transport Corporation) published seven proposals dated December 7, 1959, in the Andhra Pradesh Gazette dated December 17, 1959, propounding seven schemes for the nationalization of the road transport in respect of different parts of W...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC276; [1991(61)FLR755]; JT1990(4)SC236; 1991LabIC1373; 1991MPLJ1(SC); 1990(2)SCALE819; 1991Supp(1)SCC426; [1990]Supp2SCR328
ORDERKuldip Singh, J.1. S.P. Dubey, employed with the Madhya Pradesh State Road Transport Corporation, was retired from service on his attaining the age of 58 years. He claims that the age of superannuation was 60 years and as such his retirement at 58 was illegal.2. We may state the necessary facts. Dubey joined service as a junior clerk with the Central Provinces Transport Service Limited (hereinafter called the company) in the year 1947. The Board of Directors of the company by a resolution dated July 30, 1954 fixed the age of superannuation of all its employees except the drivers as 60 years. The company was purchased and taken Over by the State of Madhya Pradesh by a notification dated August 31, 1955. The relevant part of the said notification is as under:The undertaking will as from the 31st August, 1955 be entitled 'The Central Provinces Transport Services (under Government Ownership)'. So far as the public is concerned there will be no change or interruption in the course of b...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1986)52CTR(SC)75; [1986]159ITR1(SC)
D.P. Madon, J.1. The above three Appeals have been filed by certificate granted by the Andhra Pradesh High Court under Section 261 of the Income-tax Act, 1961, against the judgment of that High Court in an income-tax reference. The Respondent, the Andhra Pradesh State Road Transport Corporation, is a Road Transport Corporation established with effect from January 11, 1958, by the State of Andhra Pradesh by a notification issued under Section 3 of the Road Transport Corporations Act, 1950 (Act No. 64 of 1950) (hereinafter referred to in short as 'the RTC Act'). Prior to the establishment of the Respondent Corporation road transport in the State of Andhra Pradesh was a department of the Government, being run by the Government of Hyderabad prior to the formation of the State of Andhra and thereafter by the Government of Andhra Pradesh. During the whole of this period the income made from road transport was exempt from income tax. After the Respondent Corporation was formed, the Income-tax...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1964]52ITR524(SC)
GAJENDRAGADKAR C.J. - These four appeals arise from four writ petitions filed by the appellant, the Andhra Pradesh State Road Transport Corporation, in the High Court of Andhra Pradesh against the Income-tax Officer and the Appellate Assistant Commissioner of Income-tax, Hyderabad, respondents Nos. 1 and 2 respectively, in which it claimed a writ of prohibition restraining them from collecting any tax, or taking any proceedings under the Indian Income-tax Act against them. In its writ petitions, the appellant further claimed an order, writ, or other appropriate direction quashing the assessment orders passed by respondent No. 1 on the 29th February, 1960, for the years 1958-59 and 1959-60. For the first year, a tax of Rs. 13,60,963.86nP. has been imposed for the period January 11, 1958, to March 31, 1958, and for the latter year, a tax of Rs. 34,44,430.48nP. has been levied for the period April 1, 1958, to March 31, 1959. After hearing the parties, the High Court has dismissed the appe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC200; (1983)3CompLJ306(SC); 1983(2)SCALE531; (1984)1SCC107; [1984]1SCR464; 1984(16)LC118(SC)
D.A. Desai, J1. In this group of special leave petitions and writ petitions, constitutional validity of Section 47(1-H) of the Motor Vehicles Act, 1939 ('Act' for short) directly or indirectly figures. With a view to focussing attention on the context in which the question is raised, it may be advantageous to refer to the factual matrix in S.L.P. 6605/83, in which the learned Single Judge and the Division Bench of the High Court repelled the challenge. 'We would first deal with the principal challenge common to all petitions and then dispose of specific contention raised in other petitions clubbed together here. For representative facts we would refer to S.L.P. 6605/83.2. Re : S.L.P. No. 6605/83 : Petitioner Sher Singh is the holder of a stage carriage permit on Behror-Rewari via Barrod, Shahjahanpur inter-State route. A portion of the route from Bahror to National Highway No. 8 via Barrod and Shahjahanpur 28 k.ms. in length passes through Rajasthan State and the rest of the portion of...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1905; (1974)2SCC579; [1975]2SCR10
K.K. Mathew, J.1. In these Civil Appeals and Petitions for Special Leave to appeal, the question for consideration are practically the same. They are, therefore, disposed of by this common judgment.2. The appellants filed petitions before the High Court of Bombay (at Nagpur and Bombay) challenging the validity of a scheme framed under Section 68C of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). The High Court dismissed the petitions and these appeals and petitions for special leave to appeal are directed against those orders.3. Section 68C under which the scheme was framed occurs in Chapter IVA of the Act. That chapter was added by Act 100 of 1956 which came into effect from February 16, 1957. The Maharashtra State Road Transport Corporation (hereinafter called the Corporation') is a corporation established for the whole of the State of Maharashtra under Section 3 of the Road Transport Corporations Act, 1950, and it is a 'state transport undertaking' within the m...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC669; (1974)1SCC295; [1974]2SCR562; 1974(6)LC85(SC)
Khanna, J.1. The validity of schemes approved by the Uttar Pradesh Government under Section 68D of the Motor Vehicles Act, 1939 (Act 4 of 1939) (hereinafter referred to as the Act) for inter-State routes as a result of which private operators including those who had been granted permits by Regional Transport Authorities of Rajasthan were excluded from those routes has been called in question in civil appeals No. 1737-1745 of 1972 and civil appeals No. 1370 and 1871 of 1972 which have been filed on certificate against the common judgment of the Allahabad High Court. This judgment would dispose of all the appeals. It would be necessary to reproduce only the facts of the case giving rise to civil appeal No. 1738, for the counsel for the parties are agreed that the decision in that appeal would also govern the other appeals as the question of law involved in all these appeals is identical.2. On June 14, 1960 a letter was sent by the Deputy Secretary to the Government of Rajasthan to the Se...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1789 of 2020 RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND OTHERS ...APPELLANT(S) VERSUS GOVERDHAN LAL SONI AND ANR. ...RESPONDENT(S) WITH CIVIL APPEAL NO.1812 OF2020THE RAJASTHAN STATE ROAD TRANSPORT CORPORATION AND OTHER ...APPELLANT(S) MANGLA RAM AANWALA VERSUS ...RESPONDENT(S) JUDGMENT ASHOK BHUSHAN, J.1. These appeals have been filed by Rajasthan Road Transport Corporation and others (hereinafter Page 1 of 44 referred to as Corporation) challenging the judgments dated 05.03.2018 and 30.08.2018 respectively of the Division Bench of Rajasthan High Court dismissing the D.B.Special Appeals filed by the appellants. Both the appeals having raised similar issues it shall be sufficient to refer the facts and pleadings in Civil Appeal No.1789 of 2020 for deciding both the appeals.2. Goverdhan Lal Soni, the respondent No.1 was appointed as Junior Assistant on 02.04.1974 in Rajasthan State Agro Industries ...
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C.A.No.7230/2012 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7230 OF2012Himachal Road Transport Corporation & Anr. Appellant(s) vs Himachal Road Transport Corporation Retired Employees Union ..Respondent(s) JUDGMENT R.SUBHASH REDDY,J.1. This appeal is filed by the Himachal Road Transport Corporation and another, aggrieved by the judgment and Order dated 08.01.2009, passed by the High Court of Himachal Pradesh, at Shimla in CWP No.1362 of 2001.2. The Himachal Road Transport Corporation is established under The Road Transport Corporations Act, 1950. The employees of the Corporation were governed 1 C.A.No.7230/2012 by the Contributory Provident Fund Scheme (CPF). The appellant-Corporation introduced a Pension Scheme in the year 1995, by issuing a Notification dated 06.10.1995 and adopted Central Civil Service (Pension) Rules, 1972. The second appellant has approved the Scheme formulated by the Corporation. The Pension Scheme was given effect to fr...
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REPORTABLE2023NSC810 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.3948 OF2009NHPC LTD. ....APPELLANT(S) VS. STATE OF HIMACHAL PRADESH SECRETARY & ORS. ...RESPONDENT(S) WITH CIVIL APPEAL NOS. 4738-4743 OF2009CHIEF ENGINEER, BHAKRA BEAS MANAGEMENT BOARD ....APPELLANT(S) VS. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY & ORS. .RESPONDENT(S) AND CIVIL APPEAL No.6931 OF2009RESIDENT ENGINEER, DEHAR POWER HOUSE DIVISION, BHAKRA BEAS MANAGEMENT BOARD ....APPELLANT(S) VS. STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY & ORS. .RESPONDENT(S) JUDGMENT NAGARATHNA, J.These appeals have been filed assailing the final Orders of the High Court of Himachal Pradesh dated 11 December, 2008 and 06 May, 2 2009, whereby the vires of the Himachal Pradesh Passengers and Goods Taxation Act, 1955 (hereinafter referred to as the Act of 1955 for the sake of brevity) as amended from time to time, particularly by the Himachal Pradesh Passengers and Goods (Amendment and Validation), ...
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