P.B.SURESH KUMAR
KERALA BUS TRANSPORT ASSOCIATION – Appellant
Versus
GOVERNMENT OF KERALA – Respondent
The Kerala Motor Vehicles (1st amendment) Rules, 2016 is under challenge in this batch of writ petitions. By virtue of the said Rules, a new proviso is introduced to sub-rule (2) of Rule 105 of the Kerala Motor Vehicles Rules, 1989 ('the Rules'). The newly introduced proviso directs that no officer of the Motor Vehicles Department shall accept an application for the grant of or renewal of certificate of fitness or other services, except for remittance of tax with respect to a transport vehicle, unless the same is accompanied by a clearance certificate in the prescribed form from the original registering authority to the effect that there are no Government dues or arrears of Motor Vehicles Tax in respect of the vehicle and that no legal action is pending in respect of the vehicle in that office. It is stated in the Explanatory Note to the amending rules that there is no provision at present in the Rules insisting that an application for grant of or renewal of certificate of fitness in respect of a transport vehicle will not be entertained unless check reports or other Government dues in respect of the vehicle are cleared; that absence of such a provision causes delay in cl
Hamdard Dawakhana (Wakf) v. Union of India (AIR 1960 SC 554
Kumari Regina v. St. Aloysius Higher Secondary School [(1972)4 SCC 188]
Laghu Udyog Bharati and another v. Union of India and others [(1999)6 SCC 418]
Mahalakshmi Sugar Mills Co.Ltd. and Another v. Union of India and others [(2009)16 SCC 569]
State of Tamil Nadu and another v. P.Krishnamurthy and others [(2006) 4 SCC 517]
Shri Sitaram Sugar Co.Ltd. v. Union of India [(1990)3 SCC 223]
Supreme Court Employees’ Welfare Association v. Union of India [(1989) 4 SCC 187)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.