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TMI Blog1964 (11) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... s Court in S. K. Pasari v. Abdul Ghafoor (Civil Appeal No. 306 of 1964, decided on 4-5-64). It was held that it was applicable to cases of stage-carriage permits for inter-State routes. 2. The respondent prayed, in view of the observations in Abdul Mateen v. Ram Kailash Pandey [1963]3SCR523 for permission to challenge the validity of the aforesaid section on the ground that Parliament, by the Motor Vehicles (Amendment) Act, 1956 (Act No. 100 of 1956), has introduced another section 64A in the Motor Vehicles Act, 1939 (Act IV of 1939), hereinafter referred to as Central section 64A and that thereby Bihar section 64A must be taken to have been repealed by necessary implication. 3. The question arises in this way. The appellant Tansukh Rai Jai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... If the provisions of Bihar section 64A are repugnant to any extent with those of Central section 64A, Bihar section 64A will be void to the extent of the repugnancy in view of clause (1) of Art. 254 of the Constitution. As the Central Act was enacted by Parliament subsequent to the enactment of Bihar section 64A, the provisions of the main part of clause (2) of Art. 254 will not apply to make Bihar section 64A good within the State of Bihar, even though it had received the assent of the President, as those provisions applied when the Central Act is enacted earlier than the State law. We have therefore to see whether the provisions of Bihar section 64A are repugnant to those of Central section 64A. 5. The tests for determining whether a cert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... asonable opportunity of being heard. Bihar section 64A : The State Government may, on application made to it in this behalf, within thirty days of the passing of the order in the course of any proceedings taken under this Chapter by any authority or officer subordinate to it, call for the records of such proceedings, and after examining such records pass such order as it thinks fit. 7. The words 'subordinate to it' in Bihar section 64A, were omitted by the Motor Vehicles (Bihar Amendment) Act, 1953 (Bihar Act I of 1954). This was however not noticed when Bihar section 64A was quoted in Pasari's case (Civil Appeal No. 306 of 1964, decided on 4-5-64). 8. First we have to see whether there is any direct conflict between Central sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly void as by Central section 64A Parliament intended to lay down an exhaustive code in respect of the said subject matter of revisions. It is also urged that Bihar section 64A is wholly void as both that section and Central section 64A cover the same field. On these very grounds, it is urged that by enacting Central section 64A Parliament has repealed by implication Bihar section 64A as it was competent to do in view of the proviso to clause (2) of Art. 254. 10. Repeal, by implication, is not to be easily inferred. It is to be expected that when Parliament was aware of the provisions of Bihar section 64A and of Art. 254 of the Constitution and it intended to repeal Bihar section 64A, it would have expressly stated so. There is nothing in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s revisional jurisdiction under Central section 64A would be final. If such a provision had been made it might have been possible to urge that Parliament intended that the order of the State Transport Authority in revision was not to be interfered with by any authority. The absence of such an expression therefore leads to the inference that Parliament did not intend that there be no interference with such orders of revision. Further, it may be noticed that section 64 does not exhaust the list of all appealable orders. Its clause (i) provides for an appeal by a person aggrieved by any other order which may be prescribed. 'Prescribed' means 'prescribed by rules made under the Act'. Sub-section (1) of section 68 empowers the St ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orders of the Regional Transport Authority, though it would be free to exercise that power at a later stage after the State Transport Authority had disposed of the revision, if any, made to it. Revision, in the first instance, against non-appealable orders passed under Chapter IV must go to the State Transport Authority an in respect of such orders Parliament must be taken to have varied the provisions of Bihar section 64A. 13. We therefore hold that Bihar section 64A is neither void nor has been repealed by Central section 64A and that its scope has been limited only to this extent that revisions against such orders of the Regional Transport Authority which are not appealable have to be preferred to the State Transport Authority. 14. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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