Supreme Court of India
M.P.A.L.T. Permit Owners Assn. and Anr. v. State of Madhya Pradesh
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that the provision of Section 16(6) of the Act and the consequential provisions thereto are repugnant to Section 66 read with Section 192-A of the MV Act and hence, invalid as the State law has not complied with requirements under Article 254(2) of the Constitution of obtaining assent of the President to the State law. · D Analogy is sought to be drawn by placing reliance on S. Satyapal Reddy & Ors. v.
Judgment, page 12
From the headnote
Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991-Sections 16(6), (7) and (8), 20- and 20- -Motor Vehicles Act, 1988-Sections 66 and 192- -Provisions of State Act of 1991 providing for confiscation of vehicles thereby enhancing penalty which is provided by Central Act of 1988 setting out certain amount of fine-Constitutional ·validity of the provisions of the State Act-Held: .Prescription of punishment is for the same offence but there are additional penalties arising under State Act thus there is clear conflict between two enactments-State law has not complied with the requirements under
Where later benches applied it
- 2023 The State of Himachal Pradesh and Others v. Goel Bus Service Kullu Etc. Etc.
- 2019 Indian Hotel and Restaurant Association (ahar) & Anr. v. The State of Maharashtra & Ors.
- 2015 Yogendra Kumar Jaiswal Etc. v. State of Bihar & Ors.
Of those, 3 referred to
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