Hanuman Singh S/O Guman Singh v. Union of India
Case brief
What is this about?
The High Court of Rajasthan examined writ petitions challenging the constitutional validity of a provision levying an additional fee of Rs. 50 per day for delay in renewing fitness certificates for transport vehicles after their expiry. The Court held that the levy was a penalty in disguise, lacking legislative authority as the parent Act did not provide for such penal consequences or mandate renewal before expiry. Consequently, the rule was declared ultra vires and inoperative, and the petitions were allowed.
What did the court decide?
The note appended to Serial No. 11A of Rule 81 of the Central Motor Vehicles Rules, 1989 is declared inoperative. Respondents are directed not to levy any additional fee for each day of delay after the expiry of the validity period of fitness certificate.