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PETITIONER: THE STATE OF UTTAR PRADESH
Vs.
RESPONDENT: BANSRAJ(and connected appeal)
DATE OF JUDGMENT: 09/10/1958
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER
CITATION: 1959 AIR 79 1959 SCR Supl. (1) 153
ACT: Motor Vehicle-Driving in contravention of terms of Permit- Driver, if liable--Motor Vehicles Act (IV Of 1939), ss. 42(1) and 123.
HEADNOTE: The respondents who were drivers, not being owners, were found driving motor vehicles in contravention of the terms of the ’permits granted under S. 42(1) of the Motor Vehicles Act. They were prosecuted and were convicted under s. 123 Of the Act and sentenced to pay fine. The High Court held that under S. 42(1) it was the owner alone who was interdicted from using or permitting the use of the vehicle save in accordance with the conditions of the permit and that, accordingly, if the vehicle was used against the conditions of the permit only the owner, and no one else, including the driver, could be guilty of the contravention under s. 123. Held, that drivers of the motor vehicles were also liable under s. 123 of the Act for driving in contravention of the terms of the permits. Section 42(1) contemplates not only prohibition against the user by the owner of the vehicle or his permitting its user contrary to the conditions of the permit but it also contemplates...