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2012 (9) TMI 487 - HC - Indian LawsMotor Vehicles Tax Act, 1974 - Compensation to the plaintiffs - plaintiffs purchased a Truck Bearing No. 3386 in public auction held by defendant no. 4 on 3rd June, 1986 by paying full amount for which the plaintiffs had bidded - truck was seized by Customs Authorities on 30th August, 1982 on the ground that contraband was being carried in the said truck - Directorate of Transport had informed that the Customs Authorities have informed that the vehicle was seized by them on 30th August, 1982 and that transferee is liable to pay the outstanding taxes. It was also stated that the vehicle could not be transferred unless no objection certificate was produced from the Union Bank of India, Panaji since the vehicle was under hire purchase agreement with the bank – Held that:- Plaintiffs ought to have paid the taxes claimed by the Department under protest. In my considered opinion, in view of the admitted position that NOC from the financier was not obtained at the time of seeking transfer of the vehicle in the name of plaintiff no. 1, no fault can be found with respondent no. 2 in not transferring the vehicle in favour of plaintiff no. 1 - mere fact that defendant nos. 1 and 2 have not challenged that part of the decree by itself would not be sufficient to grant relief of compensation in favour of the plaintiffs solely on the ground that the relief of registration of vehicle in favour of the plaintiffs has been granted by the trial Court - as it rejected the prayer for compensation cannot be faulted - appeal stands dismissed
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