A. D. DESAI, B. J. DIVAN, D. P. DESAI, J.

( 1 ) THIS matter has been placed before the Full Bench in pursuance of the following order passed by a Division Bench consisting one of us (A. D. Desai J.) and N. H. Bhatt J. on October 14 1977 The order is in these terms :refer to Full Bench as the decision of this Court in 15 G. L. R. 428 is admittedly toned down by the decision of the Supreme Court in A. I. R. 1977. s. C 1735 and the question raised is an important and arises in many pending cases. THE question that arose for consideration before the Division Bench consisting of J. B. Mehta and S. H. Sheth JJ. in Sakinabibi v. Gordhanbhai Prabhudas 15 G. L. R. 428 was in connection with the provisions of sec. 95 (1) (b) read with see. 95 (2) of the Motor Vehicles Act (4 of 1939) and Rule 118 of the Motor Vehicles Rules framed under the Motor Vehicles Act. The same question was considered by the Supreme Court in Pushpabai v. Ranjit G. and P. Co. A. I. R. 1977 S. C. 1735.

( 2 ) SEC. 42 of the Motor Vehicles Act hereinafter referred to as the Act providesno owner of a transport vehicle shall use or permit the use of the vehicle in any public place whether or not such vehicle is actually car

Click Here to Read the rest of this document