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2021 Supreme(Ker) 998

ANIL K.NARENDRAN
Principal, Sabari Ptb Smaraka H. S. S, Adakkaputhur – Appellant
Versus
Additional Registering Authority – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.Deepak, Adv.
For the Respondent: Sri.P.Santhosh Kumar, Special Government Pleader, Adv.

ORDER :

In Avishek Goenka v. Union of India [(2012) 5 SCC 321], after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the Central Motor Vehicles Rules, 1989 the Apex Court held that the Central Motor Vehicles Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the court to read into these statutory provisions, what is not specifically provided for. The provisions of the Central Motor Vehicles Rules demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road. The Apex Court held further that, the legislative intent attaching due significance to ‘public safety’ is evident from

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