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1996 JLJ 691
Shacheendra Dwivedi and Fakhruddin, JJ.
United India Insurance Co. v. Mahila Ramshree and others
M.A. No. 415 of 1995; against the interim award passed by Motor Accident
Claims Tribunal, Morena, in Claim Case No. 29 of 1995;
Decided on 21.9.1996.
(2) Motor Vehicles (Amendment) Act, 1994 -- S. 1 (2) -- Amendment Act enforced by publication of notification No. S.O. 728 (E) -- it came into force and became part of the Principal Act, w.e.f. 14.11.1994 as notified -- State of M.P. also framed rules under various provisions -- no further notification necessary. M.A. No. 200/86 held per incuriam. [Paras 3 & 9
(3) Precedent -- relevant law not considered -- judgment is per incuriam having no binding effect. [Para 8
¼1½ eksVj ;ku vf/kfu;e] 1988 && /kkjk 1 ¼3½ && dsanzh; ljdkj }kjk vf/klwpuk Ø- ,l-vks- 368 ¼bZ½ izdkf‘kr dj vf/kfu;e izo`Ùk && vf/kfu;e] ;Fkkvf/klwfpr 1-7-1989 ls izo`Ùk && e/; izns‘k esa ykxw gksus ds fy, vfrfjDr vf/klwpuk vko‘;d ughaA izdh.kZ vihy Ø- 200@86 vuo/kkurk ds dkj.k vfHkfu/kkZfjrA ¿ iSjk 2 rFkk 9
¼2½ eksVj ;ku ¼la‘kks/ku½ vf/kfu;e] 1994 && /kkjk 1 ¼2½ && la‘kks/ku vf/kfu;e] vf/klwpuk Ø- ,l-vks- 728 ¼bZ½ izdkf‘kr dj vf/kfu;e izo`Ùk && vf/kfu;e] ;g 14-11-1994 ls izo`Ùk gqvk vkSj ewy vf/kfu;e dk Hkkx cu x;k && e/; izns‘k jkT; }kjk Hkh fofHkUu mica/kksa ds v/khu fu;e fojfpr && vfrfjDr vf/klwpuk vko‘;d ughaA izdh.kZ vihy Ø- 200@86 vuo/kkurk ds dkj.k vfHkfu/kkZfjrA ¿ iSjk 3 rFkk 9
¼3½ iwoZ U;k; && lqlaxr fof/k ij fopkj ugha fd;k x;k && fu.kZ; vuo/kkurk ds dkj.k gS ftldk vkc)dj izHkko ugha gSA ¿ iSjk 8
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. The relevant notification published in the Gazetted of India Extra-ordinary, Part II, section 3 (ii) dated 22.5.1989, is quoted below :--
"S. O. 368 (E). - In exercise of the powers conferred by sub-section (3) of section 1 of the Motor Vehicles Act, 1988 (59 of 1988), the Central Government hereby appoints the 1st day of July, 1989, as the date on which the said Act shall come into force."
3. That, Motor Vehicles (Amendment) Act, 1994 (No. 64 of 1994) has been passed by the Parliament. This Amendment Act has received the assent on the President on 10th September, 1994 and the Act published in Gazette of India (extra-ordinary), Part II - section 1, dated 12.9.1994 at pages 1-18. By this Act, the Motor Vehicles Act, 1988 has been amended. Statement of objects and reasons for Act No. 54 of 1994 itself states that the Motor Vehicles Act, 1988 (59 of 1988) consolidated and nationalised various laws regulating road transport. The Act came into force with effect from 1st July 1989 replacing the Motor Vehicles Act, 1939. Sub-section (2) of section 1 of the Motor Vehicles (Amendment) Act, 1994, is relevant and is quoted below :-
"(2) 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 provisions of this Act and any reference in any such provision to the commencement of this Act, shall be construed as a reference to the coming into force of that provision."
It may be noted that Ministry of Surface Transport issued a notification No. S.O. 728 (E) dated 6th October, 1994, published in Gazette of India, Extra-ordinary, Part II, section 3 (ii) No. 506 dated 6th October, 1994, as published in the Current Indian Statutes 1995, Part I, at page 45, which reads as under :--
"S.O. 728 (E) - (New Delhi, the 6th October, 1994) - In exercise of the powers conferred by sub-section (2) of section 1 of the Motor Vehicles (Amendment) Act, 1994 (54 of 1994), the Central Government hereby appoints the 14th day of November, 1994, as the date on which the said Act shall came into force."
4. It is pertinent to note that the State of Madhya Pradesh framed the Madhya Pradesh Motor Vehicles Rules, 1994. These rules have been published in M.P. Rajpatra (Asadharan) dated 6.8.1994 at pages 728 (163) - (376). These rules have been framed by the State of Madhya Pradesh in exercise of the powers conferred under sections 28, 38, 65, 95, 96, 107, 111, 138, 159, 176, 211 and 213 of the Motor Vehicles Act, 1988 (Act No. 59 of 1988). The same have been duly published as required under sub-section (1) of section 212 of the said Act.
5. It may be seen that the Motor Vehicles Act is a Central Act. It is stated in the Act that the Act shall come into force on such date as the Central Gove
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