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Supreme Court of India

SABIR HUSSAIN AND ANR.versusSTATE OF U.P. AND ORS.

Citation
1995 INSC 812
Decided
30 November 1995
Disposal
Dismissed

Holding

The omission to specify the number of services in an approved scheme does not invalidate the scheme under the Motor Vehicles Act, 1939.

Summary

Sabir Hussain and another appealed against the State of U.P. challenging the validity of a scheme approved under the Motor Vehicles Act, 1939 on the ground that the scheme failed to specify the number of services. The question before the Supreme Court was whether such an omission would render the approved scheme invalid. Relying on the earlier decision in Ramesh Chand v. State of U.P., the Court held that the failure to specify the number of services does not affect the validity of a draft or an approved scheme under Sections 68C, 68D (or 680) of the Act. Consequently, the omission was deemed a non‑fatal defect and did not invalidate the scheme. The appeals were dismissed without costs, leaving the scheme in force.

Issues considered

  • Does the omission to specify the number of services invalidate a scheme approved under the Motor Vehicles Act, 1939?

Legislation cited

Subjects

Motor Vehicles Actscheme approvalomissionnumber of servicesvalidity of schemeSupreme Courtappeal

Judgment

                              SABIR HUSSAIN AND ANR.                                   A
                                             v.
                               STATE OF U.P. AND ORS.

                                  NOVEMBER 30, 1995

                     [K. RAMASWAMY AND S.B. MAJMUDAR, .JJ.]                            B

              Motor Vehicles Act, 1939 : Sections 68C, 68D.

               Approved scheme-Omission to specify number of se1vices-Held does
         not invalidate the scheme.
                                                                                       c
                The question in these appeals is whether omission to specify number
         of services would invalidate the scheme already approved under the Motor
         Vehicles Act, 1939.

               Dismissing the appeals, this Court                                      D
              HELD : The omission to specify the number of services in the
--r      approved scheme does not invalidate the scheme already approved. [16-B]

              Ramesh Chand v. State of U.P., [1980] 1 SCR 498, relied on.
                                                                                       E
               CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3487 of
         1979 Etc.

              From the Judgment and Order dated 5.10.79 of the Allahabad High
         Court irt C. Misc. W.P. No. 1567 of 1978.
                                                                                       F
              Appellants-in-person (NIP).
 ---~.

              K.S. C_hauhan and R.B. Misra for the Respondent.

              The following Order of the Court was delivered :
                                                                                       G
               Though the case has been called twice, the appellants are not present
         in person. We have taken the assistance of Shri K.S. Chauhan, learned
         counsel appearing for the State.

              The controversy raised in this case is covered by the Judgment of this
         Court in Ramesh Chand v. State of U.P., [1980] 1 SCR 498 where this H
                                             15
    16                   SUPREME COURT REPORTS (1995} SUPP. 6 S.C.R.

A Court had held that "failure to specify number of services would not
    invalidate the draft scheme under Section 68C or the approved scheme
    trnder Section 680 of the Motor Vehicles Act, 1939". Same is the question
    in these appeals also. Under these circumstances, the omission to specify
    the number of services in the approved scheme does not invalidate the
    scheme already approved.
B
         The appeals are accordingly dismissed but in the circumstances
    without costs.

    T.N.A.                                                Appeals dismissed.
                                                                                •




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