Allowed
Vinod Kumar Nai S/O Sumer Mal v. Union of India
Rajasthan HCCW/2077/2024
Case brief
AI extract
What is this about?
The High Court of Rajasthan declared ultra vires a provision in Rule 81 of the Central Motor Vehicles Rules imposing an additional daily fee for late fitness certificate renewal. The Court held that without a corresponding penal provision in the parent Act, such a levy in the garb of a fee was punitive and beyond the delegated legislative power, leading to the dismissal of the petitions against the respondents' direction.
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 are directed not to levy any additional fee for delay after expiry.