9911796707
TMI Blog1999 (8) TMI 1010X X X X Extracts X X X X X X X X Extracts X X X X ..... . The first respondent is a financer and supplies vehicles on hire purchase basis. In 1984 it entered into four hire purchase agreements with the third respondent. Thereunder, the third respondent obtained on hire purchase from the first respondent four passenger vehicles. The vehicles were registered in the name of the third respondent alone under the Motor Vehicles Act, 1939. But the registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... There was correspondence between the Regional Transport Officer and the first respondent which indicated that the third respondent had not paid arrears of passenger tax in respect of the said vehicles. The first respondent was called upon to clear the arrears and a penalty had been levied. The first respondent denied its liability. Thereupon, the Regional Transport Officer declined to issue fresh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Section 2(4) as it originally read, defined operator, thus: Operator means any person whose name is entered in the permit as the holder thereof. 5. The definition was amended in 1962, so that it now reads thus. Operator means any person whose name is entered in the permit as the holder thereof and where a stage carriage is used or caused or allowed to be used without a permit, include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... our view, this interpretation is erroneous. As we read it, the amended definition of operator has to be read thus: Operator means (a) any person whose name is entered in the permit as the holder thereof and (b) were a stage carriage is used or caused or allowed to be used without a permit, includes (i) a person in whose name the stage carriage is registered under the Motor Vehicles Act or (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... argument that was raised before the learned single Judge but the learned single Judge did not uphold it. Though the learned single Judge decided for the most part in the State's favour on the writ petition, when an appeal was preferred even by State it was certainly open to the State to take the point and support the learned single Judge's decision basing itself on the said Section 29(A)( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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