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august 2020

Supreme Court of India · 2020-08-26

THE STATE OF MADHYA PRADESH vs RAKESH SETHI .

Citation / case number
SC 2008/25654
Court
Supreme Court of India
Petitioner
THE STATE OF MADHYA PRADESH
Respondent
RAKESH SETHI .
Author
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
Bench
HON'BLE MR. JUSTICE L. NAGESWARA RAO, HON'BLE MR. JUSTICE HEMANT GUPTA, HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Judgment text excerpt

The Supreme Court upheld the Madhya Pradesh High Court's judgment quashing Rule 55A of the Motor Vehicles Rules, 1994, as ultra vires the Motor Vehicles Act, 1988. The Court found that Rule 55A, which mandated a special fee for the allotment of specific registration numbers, conflicted with the provisions of Section 41 and Section 65 of the Act. The Court clarified that while the State has the power to frame rules under the Act, such rules must align with the statutory provisions, and the imposition of additional fees for registration numbers was not permissible under the existing legal framework.

THE STATE OF MADHYA PRADESH vs RAKESH SETHI . · Niyam