Acting Chief Justice Ramesh Ranganathan disposed of two writ petitions challenging the validity of Rule 118 of the C.M.V.R. 1989, G.O.Ms.No.362 dated 28.12.2007, and a Circular Memo dated 23.12.2008 in light of a prior Division Bench order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND
THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
Writ Petition Nos.8719 and 12114 of 2009
COMMON ORDER: (Per the Hon’ble The Acting Chief Justice Ramesh Ranganathan)
The relief sought for in these writ petitions is to declare Rule 118 of the Central Motor Vehicles Rules 1989 as ultra vires the provisions of Section 110 of the Motor Vehicles Act, 1988; to declare notification in G.O.Ms.No.362 dated 28.12.2007 as illegal and contrary to law; and to declare Circular Memo dated 23.12.2008 as illegal and contrary to law.
The validity of these provisions came up for consideration before a Division Bench of this Court in W.P.No.1291 of 2009 and batch and, by order dated 10.11.2010, all the writ petitions were dismissed granting liberty to the petitioners to challenge G.O.Ms.No.151 dated 14.07.2009. The Division Bench observed that the Government had issued G.O.Ms.No.151 dated 14.07.2009 in supersession of the earlier notification in G.O.Ms.No.362 dated 28.12.2007 limiting the maximum speed of the transport vehicles prescribed in the notification issued by the Government of India in their notification dated 19.06.1989; and no cause survives for adjudication in all those writ petitions, since the petitioners’ grievance had been redressed with the issuance of G.O.Ms.No.151 dated 14.07.2009.
The subject matter of these writ petitions is covered by the aforesaid judgment of the Division Bench of this Court. Following the said judgment, and in terms thereof, these Writ Petitions are also dismissed granting liberty to the petitioners to challenge G.O.Ms.No.151 dated 14.07.2009. Miscellaneous petitions
pending, if any, shall also stand dismissed. There shall be no order
as to costs.
_________________________________ (RAMESH RANGANATHAN, ACJ)
_____________________________ (A.SHANKAR NARAYANA, J)
08th December, 2016 JSU
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND
THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA
Writ Petition Nos.8719 and 12114 of 2009
Date: 08.12.2016
JSU
3 issues framed by the court
Whether Rule 118 of the Central Motor Vehicles Rules 1989 is ultra vires Section 110 of the Motor Vehicles Act, 1988
Whether G.O.Ms.No.362 dated 28.12.2007 is illegal and contrary to law
Whether Circular Memo dated 23.12.2008 is illegal and contrary to law
Colour shows how this judgement treated each authority
W.P.No.1291 of 2009Referred¶6
2 provisions across 2 enactments
Petitioners
Respondents
RAMESH RANGANATHAN
A.SHANKAR NARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
