SHACHEENDRA DWIVEDI, FAKHRUDDIN
United India Insurance Co. – Appellant
Versus
Mahila Ramshree – Respondent
Fakhruddin, J. -- 1. This matter has been placed before us pursuant to the orders passed by Hon'ble the Chief Justice to consider the question :--
"Whether a separate Notification even after Notification No. S. O. 368 (E) dated 22.5.89, was required to be issued on a separate date for State of Madhya Pradesh was required to be notified for the applicability of the Act to the State of Madhya Pradesh in view of section 3 of the Act." (There appears to be a typographical error. It should be section 1 (3) of the Act). Sub-section (3) of section 1 of Motor Vehicles Act, 1988 is relevant and is quoted below :--
"(3) It shall come into force on such date as the Central Government may, by notification in the official Gazette, appoint; and different dates may be appointed for different States and any reference in this Act to the commencement of this Act shall, in relation to a State, be construed as a reference to the coming into force of this Act in that State."
2. The Central Government issued a notification in exercise of powers conferred under sub-section (3) of section 1 of the Motor Vehicles Act 1988 and appointed 1st of July 1989 as the date on which the Act shall come into force.
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