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PETITIONER: T. B. IBRAHIM
Vs.
RESPONDENT: REGIONAL TRANSPORT AUTHORITY,TANJORE.
DATE OF JUDGMENT: 05/12/1952
BENCH: HASAN, GHULAM BENCH: HASAN, GHULAM SASTRI, M. PATANJALI (CJ) MUKHERJEA, B.K. AIYAR, N. CHANDRASEKHARA BOSE, VIVIAN
CITATION: 1953 AIR 79 1953 SCR 290 CITATOR INFO : R 1959 SC 300 (14) F 1965 SC 458 (9,10,15) E 1967 SC1368 (11) R 1973 SC2420 (4) F 1987 SC1339 (5,6,7)
ACT: Madras Motor Vehicles Rules, 1940, r. 268-Amendment in 1950 empowering Transport Authority to alter starting places or termini of vehicles-Whether ultra vires-Madras Motor Vehicles Act, 1939, ss. 76, 68(1) and (2) (r)-Constitution of India, 1950, Art. 19 (1) (g)-Infringement of right to carry on profession-Reasonableness of restriction.
HEADNOTE: Rule 268 of the Madras Motor Vehicles Rules, 1940, as it originally stood did not empower the Transport Authority to alter from time to time the starting places and termini for motor vehicles. The rule was amended in 1950 so as to empower the Transport Authority to do so, and after giving notice to the appellant who was the owner of a bus-stand in a municipality, which was being used for several years as the starting place and terminus for motor buses plying to and from the municipality, the Transport Authority passed a resolution changing the starting place and terminus for...