NORTH WEST TRANSPORT SYNDICATE Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS Writ Appeal has been filed against the judgment dated 22.12.1993 by Single Judge of this Court in CR No. 2318/92. The learned Single Judge considered Section 69 of the Motor Vehicles Act, 1988 and by considering that Section in paragraph 10 of the Judgment he has given certain directions to the authority concerned to comply with Section 69 of the Motor Vehicles Act, 1988.

(2.) WE nave heard Mr. K.C. Das, learned Counsel for the appellant and Mr. D.P. Chaliha, learned Govt. Advocate and Mr. A.M. Buzarbaruah, learned Advocate for respondent No. 4.

(3.) IN that view of the matter, we do not find any infirmity in the impugned judgment and accordingly this appeal stands rejected. Before we part with the record, we may also further point out that this appeal is against the discretion exercised by the learned Single Judge and the power of the Appellate Court to interfere with the exercise of discretion of the Court of first instance and substitute its own discretion is absolutely circumscribed except where the discretion has been shown to have been exercised arbitrarily, capriciously perversely or where the Court had ignored the settled proposition of law. A perusal of the impugned judgment of the learned Single Judge will show that there was no infirmity on this count.