JHARKHAND HIGH COURT
Amareshwar Sahay, J
Nag's Auto Testing Station (M/s.) v. State of Jharkhand and Others
| Table of Content |
|---|
| 1. background of the petitioner and notification challenge. (Para 1 , 2) |
| 2. arguments challenging state notification. (Para 3 , 4) |
| 3. court's analysis of jurisdiction and res judicata. (Para 6 , 8 , 10) |
| 4. power of authorities under the motor vehicles act. (Para 11 , 12) |
| 5. limits of state power under the motor vehicles act. (Para 18 , 31) |
| 6. interpretation of authority in fitness certificate issuance. (Para 24 , 30) |
| 7. conclusion and order to quash the state notification. (Para 32 , 34) |
1. M/s. Nag Auto Testing Station is the petitioner herein. The petitioner is one of the testing stations, who has been authorized
to grant certificate of fitness to motor vehicles under the license granted by the State under S.56 of the Motor Vehicles Act, 1988 . The State issued notification dated 10-9-2003, requiring the Authorized Testing Stations to obtain counter - signature from the Motor Vehicle Inspectors in the fitness certificates before issuing the same. Having aggrieved by the said compulsion of getting counter - signature from the Motor Vehicle Inspectors, the petitioner, the Authorized Testing Station, has filed this writ petition, challenging the validity of the said notific
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