Tuesday, August 23, 2011

Central Motor Vehicles Rules, 1989, Rule 128(9) read with Rules 93 and 125C

Central Motor Vehicles Rules, 1989—Rule 128(9) read with  Rules 93 and 125C—Motor Vehicles Act, 1988, Section 2(43)—Transporters, held, can only provide luggage space at the rear or the sides of a tourist vehicle as mandated by Rule 128(9) of the Central Motor Vehicles Rules, 1989 and no luggage can be carried on the roof of the vehicle—Restriction imposed by the Rule 128(9) is a reasonable restriction keeping in view the safety of the passengers in a tourist vehicle and is not violative of Article 19(1)(g) of the Constitution—Constitution of India, 1950, Article 19(1)(g).

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