Earlier in August 2020, the Supreme Court had passed a judgment saying that only those BS4 compliant vehicles that were uploaded on the transport department's official portal Vahan, can be registered. The Court discussed the case of Raj Kumar v. Ajay Kumar & Anr. Simply put, modifications such as wider tyres, bigger alloy wheels and louder horns (which deviate from the manufacturer’s specifications) is not legal. 2021 Kawasaki Z H2 SE Globally Unveiled: The Japenese Supercharged Naked Becomes More Serious. Additional Solicitor General Mohan Jain appearing for the Delhi Government argued that the High Court judgment was against the provisions of Delhi Excise Act which prescribes that no court shall have jurisdiction to make any order with regard to release of vehicles seized for committing an offence under the State Excise Act. Also, is the ruling only limited for the exteriors of the vehicle or can one add features to the cabin? Krishna Murthi v. The New India Insurance said that in order to dispose of the cases of the motor vehicle, there is a need to set up the mediation authority. The bench of the Apex Court consisting of Justice A.K. In 2016 itself the Center had announced that the country would be skipping the BS5 norms and directly going on to BS6 norms from April 2020. Ltd. In conclusion, the court issued some guidelines. The Supreme court of India has overturned the judgement of two Kerala High Court judgement which was passed last year. Gargi Sharma is currently a student of law in School of law, DAVV, Indore. Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in Correspondence The Registrar, Supreme Court of India, Tilak Marg, New Delhi-110001 011-23388922-24,23388942 FAX : 011-23381508,23381584 e-mail : supremecourt[at]nic[dot]in However, the FADA President, Vinkesh Gulati has tweeted saying "Good day for us in Supreme Court Delhi BS4 Case today. You have reached your limit for free articles this month. We'll assume you're ok with this, but you can opt-out if you wish. 9,56,015 BS4 vehicles were sold from March 12 and March 31 this year. In September 2020, the court allowed registration of diesel vehicles purchased before April 1 that are to be used in essential public services and public utility services by Municipal Corporations and the Delhi Police. The percentage of loss of earning capacity is not the same as the percentage of permanent disability. Axis … The section 52 of the Motor Vehicles Act 1988 notifies about the alterations in motor vehicles. The Supreme Court of India had announced earlier that it will recall its previous order on sales and registration of BS4 vehicle in the country. The Supreme Court has accepted the plea from (FADA) the Federation of Automobile Dealers Associations regarding for registration of BS4 vehicles in the country. Here is what it reads-, “No owner of a motor vehicle shall so alter the vehicle that the particulars contained in the certificate of registration are at variance with those originally specified by the manufacturer: Provided 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: Provided further that the Central Government may prescribe specifications, conditions for approval, retrofitment and other related matters for such conversion kits: Provided also that the Central Government may grant exemption for alteration of vehicles in a manner other than specified above, for any specific purpose.”. As a result, these would provide the proper and speedy disposal of the cases under the motor accident claims. This exercise may be done within a period of six months and the decision be taken thereupon. The decision seems to be favouring FADA plea to allow registration of BS4 vehicles sold before the deadline in the country. The official Supreme Court order on the latest hearing is expected to be released today, Honda Activa 20th Anniversary Edition Launched In India; Prices Start At Rs. And with this judgment, people are left wondering what can be changed and what can’t be? Also Read: Supreme Court Extends Order Barring Registration Of BS4 vehicles, Now, the court has ruled that all BS4 CNG vehicles that uploaded on the Vahan portal before April 1, 2020 can be registered. We also reiterate here the promise that our team of reporters, copy editors, fact-checkers, designers, and photographers will deliver quality journalism that stays away from vested interest and political propaganda. However, we have a request for those who can afford to subscribe: please do. According to the reports submitted by FADA, the dealers who are members of the entity have sold 94,000 BS4 vehicles. The apex court referred to an amended provision of the Motor Vehicles Act and observed that its "clear intent" was that a vehicle cannot be so altered that the particulars contained in the certificate of registration are at variance with those 'originally specified by the manufacturer'. Case in point, if the ruling is implemented strictly, will it be applied to only new vehicles or exiting vehicles too? Police Misconduct And Laws Against it in India. In short, the authority would be set for the speedy trial. In its appeal, FADA had asked the Supreme Court to allow registration of vehicles that were sold in Delhi before April 1, and taxes were also paid but did not receive the registration certificate or RC, due to the coronavirus pandemic and the resultant lockdown. Your support for our journalism is invaluable. The Court recalled its March 27th order on 8th July 20202, wherein it allowed sales of BS4 vehicles for 10 days following of the lifting of the lockdown across India except for the Delhi-NCR region. The matter relates to confiscation of a Cruiser Force vehicle on April 17, 2011, by Delhi Police, in which 47 boxes of illicit liquor were recovered and a case was registered under the Delhi Excise Act. The Supreme Court in its recent judgment expressed the need for establishing a motor accident mediation authority (MAMA). The final and detailed verdict is yet to be released by the Supreme Court of India. Once the changes is done, click on the “Save Changes” option to save the changes.
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