Court : Supreme Court of India
Reported in : AIR1975SC583; (1975)1SCC375; [1975]2SCR715
..... ''stage carriage' has been denned in section 2(29) of that act as under:stage carriage means a motor vehicle carrying or adapted to carry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers, either for the whole journey or for stages of the ..... under section 46 of the motor vehicles act, 1939, an application for stage carriage permit must contain, among other things, the route or routes or the area or areas to which the application relates, the minimum and maximum number of daily trips proposed to be provided in relation to each route or area ..... state government is authorised by section 43 to issue directions as to the fixing of fares and freights including the maximum and minimum thereof for stage carriages and contract carriages. ..... stage carriage permit may authorize the use of the vehicle as a contract carriage (see section 42) ..... other words, the argument was that the classification of the vehicles as stage carriages and contract carriages for the purpose of a higher levy of vehicle tax on contract carriages has no reasonable relation to the purpose of the act.31. ..... section 2(3) of the motor vehicles act, 1939, defines 'contract carriage' as follows:'contract carriage' means a motor vehicle which carries a passenger or passengers for hire or reward under a contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum-(i) on a time basis whether or not .....
Tag this Judgment!Court : Gujarat
Reported in : 2002ACJ615; AIR2000Guj318
..... after quoting the definition of contract carriage under section 2(3) of the act the apex court has laid down that the distinction between the stage carriage and the contract carriage is that the contract carriage is engaged for the whole of the journey between two points for carriage of a person or persons hiring it but it has not the right to pick up other passengers enroute. ..... stage carriage is defined in section 2 (29) of the motor vehicles act 1939 (for short 'the act') as under : ' 'stage carriage' means a motor vehicle carrying or adapted to curry more than six persons excluding the driver which carries passengers for hire or reward at separate fares paid by or for individual passengers either for the whole journey or for stages of the journey. ..... for this we have to look to the definition clause of the act to find out what is the requirement of a contract carriage and stage carriage. 13. ..... his contention has been that the permit was issued for plying the bus as contract carriage and not as stage carriage and consequently there was breach of section 96(2)(b)(i)(c) of the motor vehicles act, 1939. 1o. ..... it is not the requirement of the definition of contract carriage under section 2(3) of the act that one person should come forward and hire the entire vehicle and they carry the team under his control. ..... while quoting the definition of contract carriage under section 2(3) of the act we have already taken note of the portion bracketed. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad136
..... the matters set forth in sub-section (1) of section 47-(a) limit the number of stage carriages or stage carriages of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified route within the region; (b) issue a stage carriage permit in respect of a particular stage carriage or a particular service of stage carriages; (c) regulate timings of arrival or departure of stage carriages whether they belong to a single or more owners; or (d) attach to a stage carriage permit any prescribed condition or any ..... held in : air1959ap476 that the provision in section 48 (d) (2) (a) (old act) that the stage carriage or stage carriages shall be used only on specified routes ..... has got the option to impose a condition relating to the route as one of the conditions to be inserted in the permit while in the case of a stage carriage, the section makes it compulsory for the authorities concerned to insert the condition in the permit, that it shall be valid only for specific route and leaves no discretion in the matter. ..... places to be served, the benefit of any particular locality likely to be afforded by the service and the condition of the roads in the proposed route in considering an application for a stage carriage permit.the authority is bound to take into consideration any representations that may be made by, persons already providing passenger transport facilities along or near the proposed route or the area and also ..... definite .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR164; 2005(1)KarLJ419
..... a notification in the official gazette under clause (a) of sub-section (3) of section 74:provided further that where a regional transport authority, state transport authority or any prescribed authority referred to in sub-section (1) of section 66 refuses an application for the grant of a permit of any kind under this act, it shall give to ..... at any time under this act:provided that that the regional transport authority, state transport authority or any prescribed authority referred to in sub-section (1) of section 66 may summarily refuse the application if the grant of any permit in accordance with the application would have the effect of increasing the number of stage carriages as fixed and specified in a notification in the official gazette under clause (a) of sub-section (3) of section 71 or of contract carriages as fixed and specified in ..... to the various schemes framed by the state government under section 100(3) of the 'act' it is clear that under the schemes, the state transport undertaking is exclusively given permission to run its 'stage carriage' vehicles on the notified routes to the total exclusion of other permit holders, which means, that the private operators are not excluded to run 'contract carriages' on the notified routes, the apex court in the case .....
Tag this Judgment!Court : Chennai
Reported in : AIR1969Mad441; (1969)2MLJ574
..... transport authority has to be prohibited from proceeding further with the proposed grant of stage carriage permits pursuant to the notification under section 57 (2) of the motor vehicles act before taking proceedings under section 47 (3), the writ appeals preferred under clause 15 of the letters patent from orders ..... duty, and make it the duty of the person in whom the power is reposed, to exercise that power when called upon to do so,"we fail to see any force in the contention that section 47 (1) makes it mandatory upon the regional transport authority while considering an application for stage carriage permit also to have regard to the adequacy of other passenger service, and that at any rate when there is no prior fixation under ..... section 48 (1) of the act, which empowers the authority to grant or refuse a stage carriage permit subject to the provisions of section 47, their lordships pointed out that the question of the number of permits to be granted having been already canvassed and decided, could not become the subject at that stage of inquiry, under section ..... will be satisfied by the regional transport authority staying further proceedings under section 57 of the act and immediately proceeding with fixation of the number of stage carriages under section 47 (3). ..... place of section 47 (3) of the motor vehicles act in the scheme of the act for the grant of permit for stage carriages. ..... , fixes the number of stage carriages for the route acting under the provisions of section 47 (3). .....
Tag this Judgment!Court : Orissa
Reported in : AIR1995Ori143; 78(1994)CLT994
..... the question that arises for consideration in this writ application is whether while limiting the grant of stage-carriage permits to any individual to 'five' under sub-section (4) of section 71 of the motor vehicles act, 1988 (hereinafter referred to as the 'act'), the temporary permits granted to such individual undersection 87 of the act can also be taken into account.2. ..... state transport appellate tribunal, air 1993 mp 128, and their lordships after analysing the provisions of sections 71 and 87 of the act came to the conclusion: 'to conclude, we are of the view that considering the fact that a temporary permit is not a species or a kind of stage-carriage permit and also the object underlying the provision of ceiling contained in section 71(4), a temporary permit should not be taken into account while computing the number of stage carriage permits for which ceiling is fixed in section 71(4) of the act. ..... section70 provides for making an application for a permit in respect of a stage carriage and section 71 provides the procedure which the regional transport authority shall adopt, while considering an application for stage carriage permit and sub-section (1) of section71 clearly stipulates that the regional transport authority while considering an applica- tion for a stage carriage permit shall have regard to the object of the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H213
..... the same time it was countered by the increase of the rates of bus fares per passengers per kilometre in respect of stage carriages, the passenger bus service continued to earn due profits by the gradual expansion of their fleet of buses and daily operated ..... violative articles 14, 19, 301 to 304 of the constitution and was also not regulatory or in public interest according to the state's own case, it wanted 75 per cent of the purported income of the private operators of stage carriages to come to it under the impugned measure and under the garb thereof, it wanted to eat the petitioners; capital. ..... taken that there is such nexus, then the tax is violative of article 14 of the constitution as the tax burden on stage carriages was the highest without any rationale to the wear and tear of the road to which other vehicles of different categories were ..... 46, 47 and 48 of the motor vehicles act provide the procedure for the granting of stage carriage permits whereas considerations for the grant of a public carrier ..... section 3 is the charging section under the act ..... section 3 of the act was claimed to be unconstitutional and void as giving arbitrary, unguided and uncontrolled powers to the state government in the matter of ..... in the said section, it is also provided that every person who owns any motor vehicle which is let for hire, shall, for the purpose of the act, be deemed to be a person who keeps ..... ' the aforesaid section, therefore, provides for the obligation of persons keeping motor vehicles .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC911; JT1990(3)SC518; (1991)1MLJ29(SC); 1990(2)SCALE275; (1990)4SCC459; [1990]3SCR802
..... moreover, if the claimants had the benefit of plying their stage carriages for several years on the basis of interim orders of the court or other authorities long after the period of the permit had expired, that does not appear to us to be a valid reason for perpetuating that act and confining the grant only to the litigants before us when claimants for the permit were many and are likely to be many in case the question of grant ..... circumstances, we direct that the status quo shall continue and both the parties will be allowed to ply their stage carriages in accordance with law under appropriate permits issued in their favour pursuant to the interim order dated april 21, 1970 ..... permitted to ply their stage carriages on the route, and ever since the order of 1970 these two stage carriages have been plying continuously under permits which have been renewed from time to time under the motor vehicles act. ..... the status quo of both parties being allowed to ply their stage carriages on the route taking appropriate permits from the authorities concerned will continue ..... the indication is to the contrary that a permit which could be granted was for plying only one stage carriage on the route whereas the consent order made had the effect of permitting two stage carriages instead of one. ..... it seems to be so obvious that in public interest if two stage carriages have been plying on the route for the last 16 years there is no reason to confine ..... apart, under section 47(3) of the motor vehicles act, 1939, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1968SC410; 1968(16)BLJR237; [1968]1SCR635
..... (3) a regional transport authority may, having regard to the matters mentioned in sub-section (1), limit the number of the stage carriages generally or of any specified type for which stage carriage permits may be granted in the region or in any specified area or on any specified ..... state government, or by any local authority or police authority within whose jurisdiction any part of the proposed route or area lies : provided that other conditions being equal, an application for a stage carriage permit from a co-operative society registered or deemed to have been registered under any enactment in force for the time being shall, as far as may be, given preference over applications from individual owners. ..... (2) a regional transport authority shall refuse to grant a stage carriage permit if it appears from any time table furnished that the provisions of this act relating to the speed at which vehicles may be driven are likely to be contravened : provided that before such refusal an opportunity shall be given to the applicant to amend the time table so ..... of the motor vehicles act, 1939 (iv of 1939) hereinafter referred to as the act could not form the ..... 47(3) of the act, the state transport authority should be ..... the act, ..... 64-a of the act and the same should not have been dismissed on ..... 47(3) of the act, whether it is quasi-judicial or administrative, does affect the existing operators on the route and their representations must be considered by the regional transport authority ..... act ..... act no ..... act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(2)AWC1492(SC); (2009)3SCC634; 2009(2)LC870(SC):2009AIRSCW21472009(4)LHSC2198:2009(2)Scale526:2009(4)KCCRSN183
..... : air1962mad173 wherein interpreting the provisions of section 63 of the motor vehicles act, 1939 which is in pari materia with section 86 of the act, it was held:(3) there can be no doubt that overloading of passengers in a stage carriage is a breach of the conditions of the permit. ..... dated 21-11-1997 subject to the condition that the delegation shall be liable to be reviewed from time to time and also subject to the limitation that the power to charge compounding fees in lieu of suspension in case of fatal accidents by stage carriage buses shall be exerciseable by officers of the level of deputy director and above of the transport department only in accordance with the procedure laid down vide resolution no. ..... section 71 provides for the procedure of regional transport authority in the matter of considering application for stage carriage permit. ..... authority of another state or by the regional transport authority concerned as a result of any agreement arrived at between the states after complying with the requirements of sub-section (5).sub-sections (5), (6), (7) and (8) of section 88 lay down the procedure or provide for entering into the agreements between the states to fix the number of permits.section 89 of the act provides for an appeal from such an order wherefor the state government is required to constitute transport appellate tribunals in such numbers as it thinks fit .....
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