Mahindra Saran S/O Adu Ram v. Union of India
Case brief
What is this about?
The High Court declared the provision for levying additional fee of Rs. 50 per day of delay in applying for renewal of fitness certificate under Rule 81 of the Central Motor Vehicle Rules, 1989 as ultra vires. The Court held that the levy was punitive in nature, amounted to a penalty, and was not authorized by the parent enactment which did not provide for such penalty.
What did the court decide?
Declaration that the note appended to Serial No. 11A of Rule 81 of the Central Motor Vehicle Rules, 1989 is ultra vires and inoperative. Additional fee for delay in renewal of fitness certificate is n