Law: Motor Vehicles Act, 1939

Section: 43(4)(a),2(24),43A

Law: Government of India Act, 1935

Section: 299

(a) Motor Vehicles Act (IV of 1939)----- ---S. 43 (4) (a)­Order cancelling permit-Purpose of order-Not necessary to state. There is no provision in the Motor Vehicles Act or in the general law which makes it incumbent on the Provincial Government while passing order of cancellation to mention in the notification the purpose of the order so that the omission would render the order void. (b) Motor Vehicles Act (IV of 1939)----- ----S. 43 (4) (a) ­Order-Not invalid for Provincial Government being in fact unable to carry out immediately the purpose of the order. It is not a necessary condition of validity that the order cancelling a permit should in fact be able to serve the purpose for which it is passed. The condition of validity of the order is a subjective one, namely, that the authority concerned should pass the order with that object in view. If this condition is satisfied, the order is legal. Hadi Ali v. Government of West Pakistan P L D 1956 Lah. 824 ref. (c) Government of India Act, 1935---- -----S. 299-Compensation for deprivation of property-Whether essential-"Acquisition" not the same thing as "deprivation." (Obiter) Section 299, Government of India Act, 1935 uses two different words 'acquisition' and 'deprivation' and though acquisition may not be a term of art, it does imply a transfer to the person who acquires and the two words are not identical in meaning. Quarae: Whether provision for compensation for deprivation of property is essential in view of section 299, Government of India Act, 1935. State of West Bengal v. Subodh Gopal Bose and others A I R 1954 S C 92 and Dwarkadas Shrinivas v. The Sholapur Spinning & Weaving Co. Ltd. and others A I R 1954 S C 119 mentioned. (d) Government of India Act, 1935------ ----S. 299-Route permit to ply on public roads motor vehicle for hire-Not a right in land within meaning of section-Nor an interest in commercial undertaking. The public have a right of way in the routes in respect of which permits had been issued and cancelled. But it is incorrect that merely because the right of the public to carry on a particular business is interfered with their right of passage has in any way been curtailed.…

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