KRISHAN KUMAR versus STATE OF RAJASTHAN AND ORS.

KRISHAN KUMAR versus STATE OF RAJASTHAN AND ORS.

Pending schemes proposed under Section 68-C of the Motor Vehicles Act, 1939 and pending at the commencement of the Motor Vehicles Act, 1988 are saved by Section 217(2)(e) of the new Act and must be finalised under Section 100 of the new Act. The period of one year prescribed by Section 100(4) is to be computed from the commencement of the new Act, not from the original publication under the old Act. Penal consequences for delay are not applicable to schemes under the old Act unless quashed by a court. Delay caused by affected parties cannot be grounds to invalidate the scheme.

Parties
Appellant: Krishan Kumar; Respondents: State of Rajasthan and Ors.
Jurisdiction
India
Judgment Date
09 August 1991
Procedural Posture
Civil Appeal / Appeal Against the Judgment and Order Dated 9.8.1990 of the Rajasthan High Court in W.p. No. 2009/90
Outcome
Appeal dismissed with costs
Legal Topics
Interpretation of Statutes, Motor Vehicles Act Scheme Finalisation, Harmonious Construction
Administrative Law Transport Law Interpretation of Statutes Motor Vehicles Act Scheme Finalisation Harmonious Construction

Case Brief

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Parties

Krishan Kumar

Appellant

State of Rajasthan and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against the Judgment and Order Dated 9.8.1990 of the Rajasthan High Court in W.p. No. 2009/90

Legal Issues

  1. 1 Whether the notification dated 11.10.1979 lapsed on account of delay or was within limitation after coming into force of the Motor Vehicles Act, 1988
  2. 2 Whether pending schemes under Section 68-C of the Motor Vehicles Act, 1939 can be finalised under Section 100 of the Motor Vehicles Act, 1988
  3. 3 Computation of limitation for finalising schemes under the new Act

Ratio Decidendi

Pending schemes proposed under Section 68-C of the Motor Vehicles Act, 1939 and pending at the commencement of the Motor Vehicles Act, 1988 are saved by Section 217(2)(e) of the new Act and must be finalised under Section 100 of the new Act. The period of one year prescribed by Section 100(4) is to be computed from the commencement of the new Act, not from the original publication under the old Act. Penal consequences for delay are not applicable to schemes under the old Act unless quashed by a court. Delay caused by affected parties cannot be grounds to invalidate the scheme.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • High Court judgment upheld