Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Torts-Damages |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Torts-Damages--Seizure of motor vehicle for non payment of tax under Motor Vehicles Act-Held, legal-Damages for seizure-Contributory negligence-Vicarious liability of State. The truck of the appellant was seized for non payment of the tax under Motor Vehicles Act. The trial Court though found that the seizure was illegal due to incompetency of the officer to seize the vehicle, refused to grant the relief of damages on the ground that the appellant contributed to the damages since there was neither a stay by any competent court to take delivery or possession or the truck to the appellant nor the appellant made any attempt to take possession of the truck. On appeal, the High Court reversed the finding regarding incompetence of the Officer to seize the truck while holding that the police officer was competent in law to take possession of the vehicle for the purpose or enforcing the liability to pay tax under the Act. The court concurred with contributory negligence on the part of the appellant. This appeal by special leave had been filed against the judgment and decree of the High Court. The question raised for determination was whether the State was vicariously liable for damages for seizure of the vehicle. Dismissing the appeal |
Judge | N/A |
Neutral Citation | 1995 INSC 881 |
Petitioner | Malikarjunappa Shivmurthappa Since Deceased By His Heirs |
Respondent | State Of Maharashtra |
SCR | [1995] Supp. (6) S.C.R. 616 |
Judgement Date | 1995-12-12 |
Case Number | 1680 |
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