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2005 Supreme(Bom) 296

DALVEER BHANDARI, S.A.BOBDE
Free Legal Aid Cell (NGO) – Appellant
Versus
Government of Maharashtra – Respondent


Judgment

DALVEER BHANDARI, C. J.

( 1 ) THE present petition has been filed in the larger public interest by a firm of legal-minded retired persons, who have been involved in giving free legal aid and advice to the most tortured and effected persons in the society, so that fatal and very serious road accidents can be avoided to a large extent.

( 2 ) IN the petition, the petitioner has given details of number of the serious/fatal road accidents, which had taken place during the years 1999-2002. The particulars of the said information are as under :-

( 3 ) ACCORDING to the petitioner; the majority of the fatal accidents can be avoided in case the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as "the Act") and Rules framed thereunder are strictly followed.

( 4 ) PURSUANT to the show cause notice issued by this Court, reply-affidavit has been filed by the Deputy Secretary to Government, Home Department, mantralaya. It is stated in the said reply that the Act has been passed by the central Government with effect from 1 st July, 1989. It has been implemented by the State of Maharashtra and as per the provisions of Section 129 of the act, every person driving or riding






























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