A H C SYKES Vs. SIR PATRICK KELLY

JUDGEMENT

(1.) This is a petition presented to the Court under Section 45 of the Specific Belief Act.

(2.) The petitioner's case is that he owns a motor car, and he has applied to the Commissioner of Police, Bombay, as the registering authority, to grant him a renewal of his certificate of registration, which expires on August 31, 1933, and that the Commissioner has refused to grant such certificate except on payment of a fee of Rs. 32, which the petitioner says the Commissioner has no right to charge. Therefore the petitioner asks us to make an order Under Section 45 directing the Commissioner of Police to renew the registration certificate without requiring the payment of a fee.

(3.) The question on the merits turns on the construction of the Indian Motor Vehicles Act (VIII of 1914), and the rules made thereunder. By Section 10(1) of the Act it is provided that the owner of every motor vehicle shall cause it to be registered in the prescribed manner. Then Sub-section (2) provides that such registration shall be valid in such area as may be specified in the certificate of registration So that, that section contemplates the issue of a certificate of registration. Then Section 11 provides that the Local Government shall make rules for carrying into effect the provisions of the Act; and Sub-section (2)(a), which is the material one, provides that the rules may provide for any of the following subjects, namely, providing for the registration of motor vehicles, and the conditions subject to which such vehicles may be registered, the fees payable in respect of and incidental to registration, the issue of certificates of registration, the notification of any changes of ownership, and (subject to the provisions of Section 10) the area in which and the duration for which certificates of registration shall be valid.