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Issues involved: The legal question in this case is whether an application for renewal of a permit under the Motor Vehicles Act, 1939, became extinct after the enactment of the Motor Vehicles Act, 1988, or if the right to seek renewal survived despite the repeal of the 1939 Act.
Judgment Summary: The appellant, a permit holder for a stage carrier route, applied for renewal before the expiry date under the 1939 Act. The application was published, but before renewal, the 1988 Act came into force. The Regional Transport Authority granted renewal to the appellant, rejecting the respondent's application. The respondent challenged this, arguing that the application ceased to exist after the repeal of the 1939 Act. The Court analyzed Section 217 of the 1988 Act, which repeals the 1939 Act but saves permits issued under the repealed Act. The Court referred to the General Clauses Act, emphasizing that rights acquired under a repealed Act are protected unless there is a clear intention to the contrary in the repealing Act. The Court held that the preference for permit renewal under the 1939 Act was a civil right enforceable in law. The appellant's right to have his renewal application processed under the old Act was saved by the saving provision of the 1988 Act. The Court cited previous judgments supporting the view that the legal process for renewal itself constituted a right. The Court found no express provision in the new Act barring renewal of permits applied for under the old Act. The absence of a preferential provision in the new Act did not negate the right to renewal initiated under the old Act. The Court allowed the appeal, setting aside the High Court's order, and directed each party to bear their own costs.
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