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october 1958

Supreme Court of India · 1958-10-09

THE STATE OF UTTAR PRADESH vs BANSRAJ(and connected appeal)

Citation / case number
SC 1957/60120
Court
Supreme Court of India
Petitioner
THE STATE OF UTTAR PRADESH
Respondent
BANSRAJ(and connected appeal)
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that both drivers and owners can be held liable under Section 123 of the Motor Vehicles Act, 1939 for contravening the terms of a permit as stipulated in Section 42(1). The Court clarified that Section 42(1) prohibits not only the owner from using the vehicle contrary to the permit but also extends liability to drivers who operate the vehicle in violation of permit conditions. The High Court's interpretation that only the owner could be guilty was overturned, affirming the conviction of the drivers.

THE STATE OF UTTAR PRADESH vs BANSRAJ(and connected appeal) · Niyam