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november 2003

Supreme Court of India · 2003-11-28

M.P.A.I.T. Permit Owners Assn. & Anr vs State Of Madhya Pradesh

Citation / case number
AIR 2004 SUPREME COURT 981
Court
Supreme Court of India
Petitioner
M.P.A.I.T. Permit Owners Assn. & Anr
Respondent
State Of Madhya Pradesh
Bench
S. Rajendra Babu, G.P.Mathur

Judgment text excerpt

The Supreme Court upheld the constitutional validity of Sections 16(6), (7) & (8), 20-A, and 20-B of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991, as amended by the Madhya Pradesh Motoryan Karadhan [Sanshodhan] Adhiniyam, 1999. The Court found that these provisions do not conflict with the Motor Vehicles Act, 1988, as they operate in different legislative fields under Entry 57, List II of the Seventh Schedule of the Constitution. The Court affirmed that the power of confiscation under the Act is an incidental power related to taxation and does not infringe upon the provisions of the MV Act, thereby dismissing the writ petitions challenging the amendments.

M.P.A.I.T. Permit Owners Assn. & Anr vs State Of Madhya Pradesh · Niyam