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Nanaiah Vs. the Regional Transport Officer, Coorg Region, Mercara - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtKarnataka High Court
Decided On
Case NumberWrit Petn. No. 1338 of 1976
Judge
Reported inAIR1978Kant106; ILR1978KAR694; 1978(1)KarLJ229
ActsMotor Vehicles Act, 1939 - Sections 31 and 31(1)
AppellantNanaiah
RespondentThe Regional Transport Officer, Coorg Region, Mercara
Appellant AdvocateS.J. Srinivasan, Adv.
Respondent AdvocateS.G. Doddakalegouda, Addl. Govt. Adv.
Excerpt:
- code of civil procedure, 1908. order 6 rule 17: [a.n. venugopala gowda, j] amendment of written statement amendment seeking the defence on the ground that the previous advocate colluded with the other side rejection of held, amendment should be necessary for the purpose of determining the real question in controversy between the parties. amendment was sought before the commencement of trial of the suit. the proposed amendment is necessary to determine the real questions in controversy between the parties. trial court has failed to exercise the jurisdiction vested in it and the illegality is apparent. order of trial court was set aside and amendment was allowed. - the respondent has failed to discharge its statutory duty......reported the transfer of the said vehicle to him as required under section 31 (1) (b) of the motor vehicles act. thereafter an endorsement dated 30-12-1975 was issued to the petitioner and his transferor stating that enhanced rate of tax is due on the said vehicle and, therefore, they were advised to pay the tax due to the department.2. though there is no specific mention about the payment of tax being made a condition precedent for making the necessary entries regarding the transfer of the motor vehicle, the contention of the petitioner is that on the ground of non-payment of tax, the respondent has refused to make the necessary entries regarding the transfer of ownership in the certificate of registration.3. section 31 of the act provides for reporting the transfer of a motor.....
Judgment:
ORDER

1. The petitioner purchased a motor vehicle (contract carriage) with registration No. MYA-4266. The transferor was one Choodappa. On 29-9-1975, the petitioner reported the transfer of the said vehicle to him as required under Section 31 (1) (b) of the Motor Vehicles Act. Thereafter an endorsement dated 30-12-1975 was issued to the petitioner and his transferor stating that enhanced rate of tax is due on the said vehicle and, therefore, they were advised to pay the tax due to the department.

2. Though there is no specific mention about the payment of tax being made a condition precedent for making the necessary entries regarding the transfer of the motor vehicle, the contention of the petitioner is that on the ground of non-payment of tax, the respondent has refused to make the necessary entries regarding the transfer of ownership in the certificate of registration.

3. Section 31 of the Act provides for reporting the transfer of a motor vehicle both by the transferor and the transferee and also provides for making the necessary entries by the concerned authority. No other condition is imposed in the said section regarding the transfer of ownership.

4. Therefore, the respondent was under a statutory duty to have made the necessary entries in the certificate of registration regarding the transfer of ownership of the vehicle in question to the petitioner. The respondent has failed to discharge its statutory duty. The same view has been taken by this court in Writ Petn. No. 1576 of 1969 decided on 2-7-1970.

For the reasons stated above, the rule is made absolute. A writ in the nature of mandamus shall issue to the respondent to effect the necessary entries in the certificate of registration regarding the transfer of ownership of the vehicle MYA 4266 in favour of the petitioner within 15 days from the date of receipt of this order. The petitioner is entitled to costs. Advocate's fee Rs. 100/-.

5. Rule made absolute.


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