PERMIT - GRANTING, MODIFICATION, ETC

 

Section 66(3) of Motor Vehicle Act and Rule 117 of Kerala Motor Vehicle Rules - The vehicle owned by a society registered under Travancore - Cochin Literary, Scientific and Charitable Societies Act, is liable to be exempted from taking permit. So there is a conflict between S.66(3) of M.V.Act and Rule 117 of the Kerala  Motor Vehicle Rules.  When there is a conflict between the provisions in the Act and the provisions in the Rule, the former shall prevail over the latter.  [J. Jacob Vs. The Regional Transport Officer, O.P.No.515 of 1994, dated 19th December, 2001.  K.K.Denesan (J)]

Sec. 71 (3) - Preference shall be given to the State Transport undertaking only when the State Transport Undertaking files an application for operating its service in the city along with the private operators - When there is no application filed by the KSRTC the question of priority does not arise - This section does not authorise the State to reserve any permit in favour of the State Transport undertaking and the reservation permits. [K.P.Ajith Kumar Vs. The Regional Transport Authority and others, 2002 (1) KLT 775. . (R. Rajendran Babu (J)]

S.87(1)(a) to (d) - Temporary variation of a regular permit cannot be allowed. [Sheeba Vs. The Regional Transport Authority, 2002 (2) KLT 859. R. Rajendra Babu (J)]

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