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In Re: Duraisami Raju - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles
CourtChennai
Decided On
Reported in(1939)1MLJ518
AppellantIn Re: Duraisami Raju
Excerpt:
- .....bus driver and he is alleged to have violated the condition of the 'g' permit issued under the motor vehicles rules of 1923 regarding the maximum number of passengers that can be carried in the bus. the violation of the condition was made punishable by rule 30(a)(1) of the madras motor vehicles rules of 1923 which have been superseded by the motor vehicles rules of 1938 and the driver is not mentioned in rules 175 and 176 of the new rules which deal with issue of tickets and overloading. there is no rule in the motor vehicles rules of 1938 corresponding to rule 30(a)(1) of the rules of 1923 making the driver liable for the offence of overloading and rule 262 is only a saving clause which validates the 'g' permit issued under the old rules till its expiry. it cannot possibly be.....
Judgment:
ORDER

Lakshmana Rao, J.

1. The petitioner is a motor bus driver and he is alleged to have violated the condition of the 'G' permit issued under the Motor Vehicles Rules of 1923 regarding the maximum number of passengers that can be carried in the bus. The violation of the condition was made punishable by Rule 30(a)(1) of the Madras Motor Vehicles Rules of 1923 which have been superseded by the Motor Vehicles Rules of 1938 and the driver is not mentioned in Rules 175 and 176 of the new rules which deal with issue of tickets and overloading. There is no rule in the Motor Vehicles Rules of 1938 corresponding to Rule 30(a)(1) of the Rules of 1923 making the driver liable for the offence of overloading and Rule 262 is only a saving clause which validates the 'G' permit issued under the old rules till its expiry. It cannot possibly be construed as a penal provision and the charge against the petitioner is unsustainable.

2. The revision petition is therefore allowed and the proceedings against the petitioner are quashed.


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