Tinted Film on Vehicle Glass - The sources confirm that tinted or 'sun control' films are pasted on vehicle safety glass, particularly on rear and side windows, often covered by sliding cloth curtains. Photographs (Ext.R2(a)) show such films on vehicle windows in Alappuzha cases. S. Ruby Vadakkevila Veedu VS Transport Commissioner - Kerala, GEORGE & SONS vs UNION OF INDIA - Kerala, S RUBY vs THE REGIONAL TRANSPORT OFFICER - Kerala, JIJO GEORGE vs THE JOINT REGIONAL TRANSPORT OFFICER - Kerala
Legal Restrictions and Court Interpretations - The courts have emphasized that the use of tinted films on vehicle glass is prohibited based on Supreme Court directives and amendments to motor vehicle rules. The Supreme Court has held that tinted or black films on vehicle glasses are not permissible, and such restrictions are upheld by various High Courts, including Kerala. Applications by manufacturers seeking clarification or modification of these restrictions have been dismissed. GEORGE & SONS vs UNION OF INDIA - Kerala, S RUBY vs THE REGIONAL TRANSPORT OFFICER - Kerala, JIJO GEORGE vs THE JOINT REGIONAL TRANSPORT OFFICER - Kerala
Safety and Regulatory Compliance - The prohibition aims to ensure safety and compliance with vehicle regulations. The use of tinted films is banned in several countries, and Indian courts have reinforced this ban, emphasizing that tinted glasses can hinder visibility and safety. The debate includes considerations of safety, legal compliance, and the impact of tinted films on road safety. S. Ruby Vadakkevila Veedu VS Transport Commissioner - Kerala, GEORGE & SONS vs UNION OF INDIA - Kerala, S RUBY vs THE REGIONAL TRANSPORT OFFICER - Kerala, JIJO GEORGE vs THE JOINT REGIONAL TRANSPORT OFFICER - Kerala
Additional Context - In criminal cases, forensic evidence (e.g., brain hemorrhage findings) and witness testimonies are referenced, but these are unrelated to tinted films. The mention of tinted films in legal cases primarily pertains to vehicle safety and regulatory compliance issues. KANTHASWAMY, C.NO.1422, C.P., TVM. vs STATE OF KERALA - Kerala
Analysis and Conclusion:
Tinted films on vehicle windows, including 'sun control' or 'black films,' are commonly used but are legally restricted in India. Courts have consistently upheld bans based on safety considerations and legal provisions, with manufacturers' attempts to seek exemptions being rejected. The presence of tinted films is often documented through photographs, and their use is considered non-compliant with current vehicle safety regulations.
No.KL-02/AM-8383, without insisting compounding of Ext.P2 check report dated 03.02.2018 of the Assistant Motor Vehicle Inspector, Alappuzha ... The colour photographs produced as Ext.R2(a), along with the counter affidavit filed by the 2nd respondent, would show that the safety glass of the rear window and that of the side windows are covered by sliding 'cloth curtains' and it appears that 'sun control' film, i.e., 'tinted film' is pasted on ... In Avishek Goenka's case (2), the applications filed by the manufacturers an....
Interpretation - The court emphasized that amendments permit the use of Safety Glazing, distinct from previous prohibitions on tinted ... Based on prohibitions imposed by the Hon’ble Apex Court while interpreting Rule 100 (as it stood unamended), a Division Bench of this Court in its order dated 10.01.2022 in SSCR No.20/2021, reiterated prohibition against the usage of any black or tinted film on wind screens and window glasses on motor ... The Hon’ble Apex Court has held that use of tinted or black films in glass of veh....
The colour photographs produced as Ext.R2(a), along with the counter affidavit filed by the 2nd respondent, would show that the safety glass of the rear window and that of the side windows are covered by sliding 'cloth curtains' and it appears that 'sun control' film, i.e., 'tinted film' is pasted on ... In Avishek Goenka's case (2), the applications filed by the manufacturers and distributors of 'tinted films' seeking clarification and modification of the judgment in Avishek Goenka's case (supra) were dismissed, repell....
The evidence of PW10 Doctor Sivasuthan, the Professor and Head of the Department of Forensic Medicine, Medical College, Alappuzha establish that he Crl.A.2660/08 10 conducted the autopsy on the body of Maheswaran on 24.11.2004 and found the following ante-mortem injuries. ... Brain showed thin tilm of subdural haemorrhage over the under surface and diffuse thin film of subarachnoid haemorrhage over the left tempero parietal region. Brain was congested and oedematous. ... Extra-judicial confession cannot ipso facto be termed to be tainted.....
, i.e., 'tinted film' is pasted on the safety glass. ... In Avishek Goenka's case (2), in the applications filed by the manufacturers and distributors of 'tinted films', one of the contentions raised was that in the day time when 'tinted films' are ... This shows that tinted glasses have been banned in a number of countries and it is not permissible to use such glasses on the windows of the vehicle. ... In Avishek Goenka's case (2), the applications filed by the manufacturers and distributors of '#HL_....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.