THE STATE OF UTTAR PRADESH versus BANSRAJ

THE STATE OF UTTAR PRADESH versus BANSRAJ

Drivers of motor vehicles are also liable under section 123 of the Motor Vehicles Act, 1939, for driving in contravention of the terms of the permits. The use of the wording 'whoever drives' in section 123 is sufficiently broad to cover drivers who are not owners.

Source-derived case information.

Parties
Appellant: The State of Uttar Pradesh; Respondent: Bansraj; Respondent: Vishwanath; Respondent: Sunder Singh
Jurisdiction
India
Judgment Date
09 October 1958
Procedural Posture
Criminal Appeal by Special Leave / Appeal From Judgment and Order of the Allahabad High Court, Arising From References by Sessions Judges
Outcome
Appeals allowed. Acquittal orders set aside. Conviction and sentences by magistrates restored.
Legal Topics
Motor Vehicles, Interpretation of Motor Vehicles Act, 1939, Driver Liability for Permit Violations, Penal Provisions Under Motor Vehicles Act
Criminal Law Transport Law Motor Vehicles Interpretation of Motor Vehicles Act, 1939 Driver Liability for Permit Violations Penal Provisions Under Motor Vehicles Act

Source-derived case record

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Parties

The State of Uttar Pradesh

Appellant

Bansraj

Respondent

Vishwanath

Respondent

Sunder Singh

Respondent

Procedural Posture

Criminal Appeal by Special Leave / Appeal From Judgment and Order of the Allahabad High Court, Arising From References by Sessions Judges

Legal Issues

  1. 1 Whether a driver (not being the owner) is liable under section 123 of the Motor Vehicles Act, 1939, for driving in contravention of the terms of the permit issued under section 42(1).

Ratio Decidendi

Drivers of motor vehicles are also liable under section 123 of the Motor Vehicles Act, 1939, for driving in contravention of the terms of the permits. The use of the wording 'whoever drives' in section 123 is sufficiently broad to cover drivers who are not owners.

Court Disposition

Appeals allowed. Acquittal orders set aside. Conviction and sentences by magistrates restored.

Orders

  • Orders of acquittal by High Court set aside.
  • Orders of conviction and sentence by trial magistrates restored.