ILC-2011-SC-MAC-Aug-3
M/s. Sharma Transports Vs. The State of Maharashtra & others
Respondents, by their communication/circular issued instructions to all the subordinate authorities under the Act to ensure that there was no luggage carried on the roof of the vehicles, as the same was not permissible under law, thus, the checking authorities started imposing and collecting fines to the tune of 1500/- for each entry and exit from the transporters for carrying goods on the roof of vehicles with tourist permits - writ petition filed - High Court dismissed the petition and held that transporters could only provide luggage space at the rear or the sides of a tourist vehicle as mandated by Rule 128(9), and no luggage could be carried on the roof of the vehicle - Appeals - Supreme Court - The language of the Rule is clear and unambiguous, no other construction need be resorted to understand the plain language of the sub-Rule (a) of Rule 128 of the Rules - The restriction imposed by the Rule is a reasonable restriction keeping in view the safety of the passengers in a tourist vehicle - Rule cannot be said either arbitrary or unreasonable or violative of Article 19(1)(g) - Appeal dismissed.
Topic(s)-
Important Decision(s)-
ILC-2012-SC-MAC-Jan-1
Mohan Soni Vs. Ram Avtar Tomar and Ors.
ILC-2011-SC-MAC-Dec-1
Ram Kiran Goyal (D) Vs. Sub Divisional Engineer
ILC-2011-SC-MAC-Nov-2
Govind Yadav Vs. New India Insurance Company Limited
ILC-2011-SC-MAC-Nov-1
Sanjay Batham Vs. Munnalal Parihar
ILC-2011-SC-MAC-Oct-3
Ibrahim Vs. Raju and others
ILC-2011-SC-MAC-Sep-2
A. Sridhar Vs. United India Insurance Co. Ltd.
ILC-2011-SC-MAC-Sep-1
D. Sampath Vs. United India Insurance Co. Ltd.
ILC-2011-SC-MAC-Aug-2
Urmila and others Vs. Rashpal Kaur and others
ILC-2011-SC-MAC-Aug-1
Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited