Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 – s.83 – Kerala Motor Vehicle Rules Motor Vehicles Act 1989 – r.174(2)(c) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – s.83 – Kerala Motor Vehicle Rules, 1989 – r.174(2)(c) – Whether r.174(2)(c) is ultravires the provisions of the Act as the power with respect to prescription of age limit of a motor vehicle is in the exclusive domain of the Central Government – Held: No – r.174 (2) (c) made by the State Government to enable replacement of the vehicle under a Transport permit, does not impinge upon the powers of the Central Government with respect to fixation of the age of the vehicle, or fitness of the vehicle conferred upon it u/ss. 56 and 59 in Chapter IV – The scrutiny under r.174 is only to enable the Authority to ensure that the subsisting permit is not interrupted and at the same time public interest is not compromised by deviating from the permit – The Rule will have no bearing on the power of the Central Government and as such it would not be ultra vires the provisions of the Act – Thus, r.174 (2) (c) is intra vires the provisions of the Act and also s.83 of the Motor Vehicles Act – It is valid and salutary. Motor Vehicles Act, 1988 – Kerala Motor Vehicle Rules, 1989 – Whether r.174(2)(c) of the 1989 Rules, travels beyond and contrary to s.83 of the Motor Vehicles Act, 1988 – Held: No – The rule is neither beyond nor contrary to s.83. Kerala Motor Vehicle Rules, 1989 – r.174(2)(c) – Discretion exercised by Authority – Scope of – Discussed. Motor Vehicles Act, 1988 – ss.64, 65 – Distinction between rule making power of Central government and State government – Discussed. Motor Vehicles Act, 1988 – s.83 – Kerala Motor Vehicle Rules, 1989 – r.174(2)(c) – Subordinate Legislation – Principles of construction – Held: Reasoning adopted by the Division Bench in the impugned order that r.174 (2) (c) has overridden the Act is not correct because a subordinate legislation must be interpreted to effectuate the statutory purpose and objective – The Rule should enable the transport Authorities considering applications for replacement to insist upon the permit holder to abide by the same rigour and regulation that he was put to when the permit was granted – High Court did not appreciate the context in which r.174 (2) (c) r/w s.83 is to be construed – Judgment of High Court set aside – Interpretation of Statutes. Motor Vehicles Act, 1988 – ss.70, 71, 83 – Kerala Motor Vehicle Rules, 1989 – r.174(2)(c) – Held: r.174(2)(c) is intended to ensure that the conditions under which a transport permit is granted is not diluted when the vehicle covered by the permit is sought to be replaced by a new vehicle – Purpose and object of mandating replacement by a vehicle of the same nature in s.83 is only to ensure that the scrutiny and the conditions that were undertaken and imposed at the time of the grant continue even during the subsistence of the permit – Statutory scheme u/s.70 requiring an application for a transport permit to provide material particulars include the requirement of indicating the type of vehicle is also incorporated in the Rules made by the State Government – The Rules, followed by the Forms require details of the type of the vehicles to be furnished. Words and Phrases – “of the same nature”, “same”, “nature” – Motor Vehicles Act, 1988 – s.83 – Discussed – Interpretation of Statutes. |
Judge | Hon'ble Mr. Justice Pamidighantam Sri Narasimha |
Neutral Citation | 2022 INSC 196 |
Petitioner | Regional Transport Authority & Anr. |
Respondent | Shaju Etc |
SCR | [2022] 9 S.C.R. 785 |
Judgement Date | 2022-02-17 |
Case Number | 1453 -1454 |
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