HANS RAJ KEHAR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The short question which arises in this appeal filed on certificate against the judgment of Allahabad High Court is the validity of Section 43-A, inserted in the Motor Vehicles Act, 1939 by U. P. Act No. 25 of 1972, and the notification dated March 30, 1972 issued under that section. The High Court upheld the validity of the section and the notification.

(2.) The material part of Section 47 of the Motor Vehicles Act, 1939 (Act No. 4 of 1939), as it stood before the amendment made by Section 43-A in Uttar Pradesh, read as under:

(3.) The petitioner-appellants hold stage carriage permits for operating buses on various routes in Uttar Pradesh. It is not necessary to set out any other fact because all that we are concerned with is the validity of Section 43 -A and the notification issued thereunder.