ANIL KUMAR PANDA Vs. STATE
LAWS(CAL)-1996-7-6
HIGH COURT OF CALCUTTA
Decided on July 17,1996

ANIL KUMAR PANDA Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

H. L. POULTRY V. STATE OF HARYANA,AIR 1977 SC [REFERRED TO]
A. NARAYAN V. STATE OF MADRAS [REFERRED TO]
UNION OF INDIA VS. T R VARNA [REFERRED TO]
S C JAISINGHANI C K TIKKU MOHAN CHANDRA JOSHI VS. UNION OF INDIA [FOLLOWED ON]
RAJPUT TRANSPORT CO VS. NAND KISHORE PRASAD [REFERRED TO]
MUNESHWAR PANDEY VS. CHAIRMAN CHOTANAGPUR REGIONAL TRANSPORT AUTHORITY [REFERRED TO]



Cited Judgements :-

OMESHWAR BALDWA VS. VASAVI CO OPERATIVE URBAN BANK LTD [LAWS(APH)-2009-10-71] [REFERRED TO]
OMESHWAR BALDWA VS. VASAVI CO OPERATIVE URBAN BANK LIMITED [LAWS(APH)-2009-10-21] [REFERRED TO]
INDIRA DEVI RAJAK VS. THIKA CONTROLLER [LAWS(CAL)-1999-7-35] [REFERRED TO]


JUDGEMENT

BHAGABATI PROSAD BANERJEE, J. - (1.)The question involved in this appeal is with regard to the fixation of time-table after the permit had been granted long back. In order to appreciate the dispute that arose in this case, it is necessary to look into the provisions of the Motor Vehicles Act and the rules framed thereunder. Section 72 of the Motor Vehicles Act, 1988 (referred to as the "said Act"), provides the power of the authority to grant stage carriage permits. Sub-section (2) provides that the Regional Transport Authority, if it decides to grant a stage carriage permit, may grant the permit for a stage carriage of a specified description and may, subject to any rules that may be made under this Act, attach to the permit any one or more of the following conditions, namely :-
"(iv) that copies of the time-table of the stage carriage approved by the Regional Transport Authority shall be exhibited on the vehicles and at specified stands and halts on the route or within the area;"

(2.)Clause (xxii) of sub-sec. (2) of S. 72 of the said Act provides the power of the Transport Authority to vary the conditions of the permit and that it can only be done after giving notice of not less than one month and by giving notice of one month, the transport authority may vary the conditions of the permit or attach to the permit further conditions.
(3.)So far as the provisions of the said Act is concerned there is no other provision for fixation or alteration of time-tables.
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