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november 2003

Supreme Court of India · 2003-11-28

M.P. A.I.T. PERMIT OWNERS ASSN. vs STATE OF MADHYA PRADESH

Citation / case number
SC 2000/15154
Court
Supreme Court of India
Petitioner
M.P. A.I.T. PERMIT OWNERS ASSN.
Respondent
STATE OF MADHYA PRADESH
Author
RAJENDRA BABU
Bench
G.P.MATHUR. S. RAJENDRA BABU

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 Entries 56 and 57 of List II of the Seventh Schedule of the Constitution. The Court held that the power of confiscation under the state Act is an incidental power to taxation and does not infringe upon the federal legislative competence, thus affirming the High Court's decision.

M.P. A.I.T. PERMIT OWNERS ASSN. vs STATE OF MADHYA PRADESH · Niyam