Puspraj Singh Baghel Vs. The State of Madhya Pradesh & others

Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

WRIT PETITION, 17710 of 2017, Judgment Date: Nov 09, 2017

Law Laid Down -

Sub-section (2) of Section 3 of the Madhya Pradesh Motoryan Karadhan Adhiniyam, 1991 raises a statutory presumption that if the certificate of registration is valid, the transport vehicle is presumed to be in use or kept for use. The same cannot be disputed only for the reason that in absence of fitness certificate, the owner of the vehicle is absolved to pay the tax under the said Adhiniyam.
Followed: Division Bench judgment dated 03.10.2017 rendered in W.P. No.14557/2017 (Rajesh Kumar Miglani and another vs. State of M.P. and others) wherein the requirement of submitting tax clearance certificate with application for issue/renewal of fitness certificate has been held to be legal and valid.

Puspraj Singh Baghel Vs. The State of Madhya Pradesh & others