Pushpalatha Vs. Union of India (Uoi)

Pushpalatha vs Union of India (Uoi)

Type Court Judgment Court Kerala Decided May 25, 2006

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Citation: sooperkanoon.com/724876
Court: Kerala High Court
Judge: Thottathil B. Radhakrishnan, J.
Decided On: May 25, 2006
Case Number: O.P. No. 23961 of 2001
Subject: Motor Vehicles

Case Summary

AI-generated summary - not the official court judgment text.

- STATE FINANCIAL CORPORATION ACT, 1951[C.A. No. 63/1951. Sections 29 & 31: [K.S. Radhakrishnan, Thottathil B. Radhakrishnan & M.N. Krishnan, JJ] Recovery of loan amount Held, Once industrial concern commits default in repayment of the loan or advance made by the Financial Corporation and under a liability, the rig...

Key legal issue: Motor Vehicles
Acts & sections: Motor Vehicles Act, 1988 - Sections 52 and 52(1); Motor Vehicles (Amendment) Act, 2000; Central Motor Vehicles Rules, 1989 - Rules 115B.A.(2) and 126

Parties & Advocates

Appellant / Petitioner

Pushpalatha

Advocate M.V.S. Nampoothiry, Adv.

Respondent

Union of India (Uoi)

Advocate B. Ramachandran, C.G.S.C. and; M.A. Fayaz, Government Pleader

Legal References

Acts: Motor Vehicles Act, 1988 - Sections 52 and 52(1); Motor Vehicles (Amendment) Act, 2000; Central Motor Vehicles Rules, 1989 - Rules 115B.A.(2) and 126
Reported In: III(2006)ACC840; 2006(3)KLT166

Excerpt

- state financial corporation act, 1951[c.a. no. 63/1951. sections 29 & 31: [k.s. radhakrishnan, thottathil b. radhakrishnan & m.n. krishnan, jj] recovery of loan amount held, once industrial concern commits default in repayment of the loan or advance made by the financial corporation and under a liability, the right of the corporation to invoke section 29 of the act accrues and it is open to the corporation to realise the entire loan advanced to the industrial concern not only from the properties of the industrial concern but also from the properties pledged or mortgaged b y the sureties for the loan advanced by the corporation. section 29 is a complete code by itself. liability of principal-debtor and surety is always joint and co-extensive. [n. narasimhaiah v karnataka state financial corporation, air 2004 kar 46 dissented from]......amendment notification published in the gazette on 24-4-2001. by such notification, the government of india laid down certain conditions with regard to the quantity of emission from such vehicles which are fitted with lpg or cng. besides, the lpg kits have to meet the type approval of the testing agencies under rule 126 of the central motor vehicles rules.5. rule 15-b.a.(ii)(b) of the central motor vehicles rules provided, inter alia, that for the purpose of approval of the kit, the supplier of the kit shall obtain certificate from any of the testing agencies authorised under rule 126.6. in so far as the policy is concerned, the state government and the central government appear to be in favour of using lpg and cng as fuel in motor vehicles provided that lpg/cng cylinders and conversion kits are approved by the testing agencies. this has been made clear in the amendment of the central motor vehicles rules issued as per notification dated 24-4-2001. therefore, no discrimination is made out in using the lpg as fuel in three wheelers and two wheelers.7. the state government and the central government are encouraging the practice of using lpg and cng as fuel in automobiles. however, the safety conditions have to be ensured and further, there shall be no misuse of the lpg or cng cylinders or other modes of issue which are covered by subsidised programmes for use as domestic fuel.in the aforesaid circumstances, this writ petition is disposed of directing that the respondents shall ensure that there is no action against the use of lpg/cng in motor vehicles having three wheelers and two wheelers provided, the conversion kits used for the purpose are ones which are approved by the competent testing agencies as provided under rule 126 of the central motor vehicles rules and if the fuel used is not that which is supplied for consumption for domestic purposes. no costs.

Full Judgment

Thottathil B. Radhakrishnan, J.

1. This Writ Petition is filed seeking a direction that immediate and effective steps be taken for introduction of gas kits in two and three wheelers in the State and for forbearing from taking action against the owners of vehicles who convert their vehicles with LPG kits.

2. Section 52 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'). was amended by the Motor Vehicles (Amendment) Act, 2000 providing for the facility of conversion of vehicles using LPG and CNG as fuel. That amendment was published in the Gazette of the Government of India on 14-8-2000. The proviso to Section 52(1) thus brought in by substitution of the amending Act of 2000 is that where the owner of a motor vehicle makes modification of the engine, or any part thereof, of a vehicle for facilitating its operation by different type of fuel or source of energy including battery, compressed natural gas, solar power, liquid petroleum gas or any other fuel or source of energy, by fitment of a conversion kit, such modification shall be carried out subject to such conditions as may be prescribed. It is also further provided that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits.

3. Consequent on the aforesaid amendment to Section 52 of the Act, the Ministry of Surface Transport instructed all the State Governments by letter dated 3-1-2001 to take necessary steps for making necessary endorsement on the registration certificate book of such vehicles with respect to authorised use of CNG, if such vehicle is retrofitted/fitted with a conversion kit approved by any of the testing agencies prescribed under Rule 126 of the Central Motor Vehicles Rules, 1989. In so far as the Kerala Government is concerned, vide an Endorsement No. C1.5984/TC/2001, the said information has been brought to the notice of the authorities of the Motor Vehicles Department. The Government of Kerala have accordingly issued instructions to the Officers of the Motor Vehicles Department to endorse the conversion of the type of fuel provided, the gas cylinders and conversion kits satisfy the specifications laid by the Ministry of Surface Transport, Government of India.

4. Later, the Government of India made necessary amendments in the Central Motor Vehicles Rules as per the amendment notification published in the Gazette on 24-4-2001. By such notification, the Government of India laid down certain conditions with regard to the quantity of emission from such vehicles which are fitted with LPG or CNG. Besides, the LPG kits have to meet the type approval of the testing agencies under Rule 126 of the Central Motor Vehicles Rules.

5. Rule 15-B.A.(II)(b) of the Central Motor Vehicles Rules provided, inter alia, that for the purpose of approval of the kit, the supplier of the kit shall obtain certificate from any of the testing agencies authorised under Rule 126.

6. In so far as the policy is concerned, the State Government and the Central Government appear to be in favour of using LPG and CNG as fuel in motor vehicles provided that LPG/CNG cylinders and conversion kits are approved by the testing agencies. This has been made clear in the amendment of the Central Motor Vehicles Rules issued as per notification dated 24-4-2001. Therefore, no discrimination is made out in using the LPG as fuel in three wheelers and two wheelers.

7. The State Government and the Central Government are encouraging the practice of using LPG and CNG as fuel in automobiles. However, the safety conditions have to be ensured and further, there shall be no misuse of the LPG or CNG cylinders or other modes of issue which are covered by subsidised programmes for use as domestic fuel.

In the aforesaid circumstances, this Writ Petition is disposed of directing that the respondents shall ensure that there is no action against the use of LPG/CNG in motor vehicles having three wheelers and two wheelers provided, the conversion kits used for the purpose are ones which are approved by the competent testing agencies as provided under Rule 126 of the Central Motor Vehicles Rules and if the fuel used is not that which is supplied for consumption for domestic purposes. No costs.

Same Court & Year Kerala · 2006 Same Parties Pushpalatha vs Union of India (Uoi) Same Subject Motor Vehicles Same Judge Thottathil B. Radhakrishnan, J. Acts & Sections Motor Vehicles Act, 1988 - Sections 52 and 52(1); Motor Vehic...

Motor Vehicles