High CourtsDivision Bench(1940) 08 MAD CK 0077

In Re: Govindarajulu Naidu

Madras High Court · Decided on 15 August 1940 · Citation: AIR 1941 Mad 352 : (1940) 52 LW 948 : (1941) 1 MLJ 470

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

1 paragraphs · 122 words

Lakshmana Rao, J.—The petitioner is the registered owner of a motor lorry for private use and he is alleged to have suffered his driver to carry goods of another person for hire. This would unquestionably be an offence under Rule 138 of the Motor Vehicle Rules and the offence would be punishable u/s 112 of the Motor Vehicles Act if no other penalty is provided for it. The power conferred on the transport authority to suspend the permit in such cases cannot be regarded or treated as a penalty for the offence, and the prosecution of the petitioner u/s 112 of the Motor Vehicles Act is not illegal. There is therefore no ground for quashing the proceedings and the petition is dismissed.