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1986 Supreme(Ker) 301

SUKUMARAN
CALICUT WYNAD MOTOR SERVICE (P) LTD. – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Calicut-Wynad Motor Service (Private) Limited, the petitioner, has contributed much to the motor vehicle "jurisprudence." (See Calicut Wynad Motor Service (P) Ltd. v. Government of Kerala, 1959 K. L. J 410, Calicut Wynad Motor Service (P) Ltd., v. R T. A., 1957 K. L. T. 58, Calicut Wynad Motor Service (P) Ltd. v. S.T.A.T, 1957 K. L. J. 565 and Calicut Wynad Motor Service (P) Ltd. v. S. T. A. T., A. I. R.1974 Kerala 129). It has now come to the court to protect a cause common to many in the industry facing the same difficulty.

2. The petitioner applied for registration of a motor vehicle. (No date is seen in the application Ext. P1 nor is it indicated in the index to the Original Petition. Such inadequacies in the preparation of the original petition are of such a distressing proportion that the office is unable to detect them while hurriedly processing many petitions a day, and quite a few even for the 'afternoon motion'.) The registration fee is evidently remitted on 21-7-1986. (The chalan has necessarily to contain the date. The Treasury officials insist on the same.) The application was, however, returned by the registering authority with a note, Ext. P 3, reading:
































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