This court imposed a penalty of Rs. 10,000 payable to a relief fund and accepted an undertaking from the petitioner not to ply a vintage commercial vehicle in Mumbai to secure the release of the seized vehicle.
Remission of seized vehicle subject to undertaking not to ply it and payment of Rs. 10,000 to the Chief Minister's Relief Fund.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1019 OF 2005
Vijaykumar Ampatlal Desai .... Petitioner. Versus The State of Maharashtra & Anr... .... Respondents.
Ms. A. P. Madhuri for the Petitioner.
Mr. P. I. Khemani, AGP for the Respondents.
CORAM: DALVEER BHANDARI, C.J. &
S. A. BOBDE, J.
DATED : MARCH 1, 2005.
P.C. :
The Petitioner is guilty of plying a more than eight years'
old commercial vehicle in Mumbai in clear and flagrant violation of
the order dated 3rd March, 2004 passed by a Division Bench of this
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Court. The petitioner's vehicle bearing No. GJ-15-V-7865 was
seized by respondent No.2 on 15th September, 2005, which was registered in Gujarat.
length.
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this amount immediately. This amount would be utilised for the victims of Tsunami tragedy.
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of eight years is permitted to enter the City of Mumbai. Let this direction be carried out within two weeks from today.
accordingly, disposed of.
the Chief Minister's Office for information.
Sd/-
CHIEF JUSTICE
Sd/-
S. A. BOBDE, J.
1 issue framed by the court
Whether the petitioner should be penalized for violating a prior order prohibiting plying of a commercial vehicle older than eight years despite claiming unawareness.
Vijaykumar Ampatlal Desai
The State of Maharashtra
Regional Transport Officer, Mumbai
DALVEER BHANDARI
S. A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
