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2004 Supreme(Guj) 683

K.S.JHAVERI
MONMOHJAR LAL ANJANA – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.D.OZA, ALPESH RAJPURIYA, KETAN D.SHAH, N.V.Anjaria, Nandini Joshi, SONAL D.VYAS

K. S. JHAVERI, J.

( 1 ) LEAVE to delete respondent no. 3 in SCA nos. 13642/04, 13645/04, 13646/04, 13647/04, 13649/04, 13650/04 and 13651/04. 1. 1 in all the above petitions a common question of law is involved and therefore they are heard together and disposed of by this common judgement.

( 2 ) THE petitioners in the above petitions are owners of different motor vehicles registered under different authorities under the Motor Vehicles Act, 1988. In these petitions the petitioners have challenged the notification issued by the Joint Director of Transport, gujarat, Ahmedabad, dated 9th August 2002 and the consequential actions on the part of the respondent authorities i. e. imposition of fine on the ground of excess load and detention of vehicles.

( 3 ) THE grievance of the petitioners can be summarised as under:3. 1 after purchase of the vehicles in question the petitioners introduce certain modifications and changes under the supervision of experts as permissible under the motor Vehicles Act, 1988 (hereinafter referred to as the act) and the Motor Vehicles Rules, 1989 (hereinafter referred to as the Rules ). Addition of axle and more wheels would increase the load carrying capacity













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