Sandeep Kumar Yogi S/O Shankar Lal Yogi v. Union of India
Case brief
What is this about?
A two-judge bench of the Rajasthan High Court held that an additional daily fee for delay in renewing a motor vehicle fitness certificate is a penalty disguised as a fee. The court ruled that the Motor Vehicles Act, 1988 contains no provision penalizing such delay, and the legislature cannot delegate power to create substantive obligations or fines absent from the parent enactment. The challenged rule was declared ultra vires and the writ petitions against its application were allowed.
What did the court decide?
The note appended to Serial No. 11A of Rule 81 of the C. M. V. Rules, 1989 declaring an additional fee for delay is declared ultra vires and inoperative. Respondents are directed not to levy any additional fee for each day of delay after expiry of the validity period.