Supreme Court · 2006 INSC 31 · Decided 17 January 2006
Kanchan and ORS. v. State Transport Appellate Tribunal and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 31 · [2006] 1 S.C.R. 451
- Case number
- CIVIL APPEAL No. 7305/2003
- Decided
- 17 January 2006
- Bench
- ARIJIT PASAYAT, TARUN CHATTERJEE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 68(3)(b)
Headnote
B Motor Vehicles Act, 1988; Section 68(3)(b): 'r Grant of permits lo Transporters-Power of Stale Transport Authority/ c STA-Mala fides-Held: Authorities granted permits lo Transporters even without filing an application for grant of such permits-Relevant records not produced by the authorities on the question of mala fides if the authorities acted without application of mind, which act of the authority is sufficient lo atlach vulnerability to the action against it on the question of mala tides-Thus, High Court D / rightly found the mala fides of the authorities in granting the
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