Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 - ss.2(21) 10(2)(d) ~ Driving licence — Whether for the drivers having licence to drive ‘light motor vehicles’ there is necessity of (41) Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Motor Vehicles Act, 1988 - ss.2(21), (41); 10(2)(d) ~ Driving licence — Whether for the drivers having licence to drive ‘light motor vehicles’ there is necessity of obtaining endorsement to drive the ‘transport vehicle’ when the ‘transport vehicle’ is of class of ‘light motor vehicle’ — Conflicting decision of Supreme Court on the question — Held: Matter referred to Larger Bench to decide the questions: (1) Meaning required to be given to definition ‘light motor vehicle’ as defined u/s, 2(21); (2) whether ‘transport vehicle’ excluded from the definition of ‘light motor vehicle’; (3) Whether ‘transport vehicle’ and ‘omnibus’ the “gross vehicle weight” of either af which does not exceed 7500 kgs. would be a “light motor vehicle” and also motor-car or tractor or a road roller, “unladen weight” of which does not exceed 7500 kgs. and holder of licence to drive class of “light motor vehicle” as provided in section 10(2)(d) would be competent to drive a transport vehicle or omnibus, the “gross vehicle weight” of which does not exceed 7500 kgs. or a motor-car or tractor or road roller, the “unladen weight” of which does not exceed 7500 kgs.; (4) Effect of the amendment made by virtue of Act No.54 of 1994 while substituting clauses (e) to (h) of section 10(2) which contained “medium goods vehicle”, “medium passenger motor vehicle”, “heavy goods vehicle” and “heavy passenger motor vehicle” by “transport vehicle”; (5) Whether insertion of expression ‘transport vehicle’ under section 10(2)(e) is related to said substituted _ classes only or it also excluded transport vehicle of light motor vehicle class from purview of Sections 10(2)(d) and 2(41) of the Act; (6) Effect of amendment of Form 4 as to operation of the provisions contained in section 10 as amended in the year 1994 and whether procedure to obtain driving licence for transport vehicle of class of “Light Motor Vehicle” has been changed. - |
Judge | N/A |
Neutral Citation | 2017 INSC 576 |
Petitioner | Mukund Dewangan |
Respondent | Oriental Insurance Co. Ltd. Etc. |
SCR | [2016] 3 S.C.R. 1075 |
Judgement Date | 2016-02-11 |
Case Number | 5826 |
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