Rameshwar Lal Jatiya S/O Mangi Lal Jatiya v. Union of India
Case brief
What is this about?
Multiple writ petitions challenged the validity of Rule 81(11A) of the Central Motor Vehicles Rules, 1989, which imposed an additional daily fee for late renewal of fitness certificates. The Court held that since the parent Act did not prescribe penalties for delayed renewal, the levy was effectively a penalty without legislative backing. The fee was declared ultra vires and inoperative.
What did the court decide?
The note appended to Serial No. 11A of Rule 81 of the Central Motor Vehicles Rules, 1989 is declared ultra vires and inoperative. Respondents shall not levy any additional fee for each day of delay after the expiry of the validity period of a fitness certificate.