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Ramapuram Regional Service Co-Operative Bank Ltd. – Appellant
Versus
Chief Electoral Officer – Respondent
JUDGMENT :
V.G. Arun, J.
1. The vehicle belonging to the petitioner, a Co-operative Bank, was requisitioned by the 2nd respondent during the general elections to the Lok Sabha conducted in 2024. The proceedings in this regard issued by the 2nd respondent is produced as Ext.P1. Later, the registration number of the vehicle, which was mistakenly shown in Ext.P1, was corrected by Ext.P2 and the period of requisition extended. Still later, another order was passed by the 3rd respondent extending the period of requisition from 27.04.2024 to 04.06.2024. According to the petitioner, although extension was only up to 04.06.2024, the vehicle was returned only on 10.06.2024. As the respondents did not pay any rent to the petitioner, Ext.P5 representation was submitted requesting for payment of Rs.1,56,398/- (Rupees one lakh fifty six thousand three hundred and ninety eight only) towards rent. The respondents having failed to accede to the request, this writ petition is filed. The learned Counsel for the petitioner submitted that, having requisitioned the vehicle, the 2nd respondent is bound to effect payment. It is pointed out that the issue is covered by Ext.P6 judgment of this Court.
2. The l
The requisitioning of vehicles by the State mandates compensation, regardless of the vehicle's ownership by a Co-operative Bank.
The main legal point established in the judgment is the authority of the State Government to requisition premises and vehicles for election purposes and the requirement to pay compensation to the aff....
(1) Death in motor accident – Where a vehicle is requisitioned for public functions and an incident occurs during period of such requisition, liability ought properly to be borne by requisitioning au....
A Cooperative Society is not a Corporation established by or under a Central or State Act, thus it is subject to the provisions of the Maharashtra Rent Control Act.
The central legal point established in the judgment is that the Maharashtra State Public Services (Reservation for Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Trib....
The registered owner of a vehicle is liable for tax unless ownership has been transferred, necessitating a hearing for disputes regarding tax liability.
Ex-gratia payments cannot be deducted from compensation under the Motor Vehicles Act, and the State is liable for compensation when a vehicle is requisitioned for election duty.
Bank officials, as custodians of hypothecated goods, are expected to follow proper legal procedures in conducting auctions and extracting maximum amounts from the hypothecated goods.
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