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2016 Supreme(Kar) 35

SUBHRO KAMAL MUKHERJEE, RAVI MALIMATH
Y. N. Nanjappa Retired Hal Employee – Appellant
Versus
Union of India Rep. by its Principal Secretary Ministry of Road Transport and Highways Transport – Respondent


Advocates Appeared:
For the Petitioner:Sri Sajan Poovayya, Senior Advocate, Sri Anandarama, Ms. Nalina Mayegowda, M/s. Poovayya & Co. Advocates.
For the Respondent:Sri Krishna S. Dixit, Assistant Solicitor General, Sri R. Devadas, Government Advocate and Sri Aravind Sharma, Advocate.

ORDER :

1. This is a writ petition assailing the notification dated April 15, 2015 giving into force Central Motor Vehicles (Sixth Amendment) Rules 2015 and also, the notification dated October 01, 2015.

2. Mr. Sajan Poovayya, learned senior advocate appears for the petitioner, Mr. Arvind Sharma, learned advocate appears on behalf of Respondent No. 1 – Union of India and Mr. R. Devadas, learned principal government advocate, appears for the State of Karnataka.

3. Sub-clause (iv) of the proviso to Rule 118(1) of the Central Motor Vehicle Rules, 1989, exempted certain motor vehicles from fitting with speed governor, that is, speed limit device or speed limiting function.

4. The relevant portion of the amended provisions runs as under:

“118. Speed Governor –

(1) Every transport vehicle notified by the Central Government under sub-section (4) of section 41 of the Motor Vehicles Act, 1988 (59 of 1988), save as provided herein and manufactured on or after the 1st October, 2015 shall be equipped or fitted by the vehicle manufacturer, either in the manufacturing stage or at the dealership stage, with a speed governor (speed limiting device or speed limiting function) having maximum pre-set
















































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