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Article Published in the Express Magazine Dated
May 06, 2001
General Attorney : Rajiv K. Luthra
My stolen motorbike was released on superdari
after its recovery. With the court's permission, I
sold it. I have a copy of the cash receipt and the
delivery receipt from the sale. Now I have
received an order from the police with a penalty
for over speeding. But ever since its sale, I
haven't ridden the motorbike. What should I do?
Rajesh Kochhar, Delhi
From your case, it appears that as per the records
of the registering authorities, you are still the
owner of the motorbike. According to the Motor
Vehicles Act, 1988, all vehicles are required to
be registered by the owner of the vehicle and the
registered owner is deemed to be liable for the
traffic offenses committed with that vehicle.
If a registered motor vehicle is sold, the
transferor is required under the provisions of the
Act to report to the registering authorities the
facts of the transfer and copy the same to the
transferee. The onus thereafter lies upon the
transferee to have the vehicle registered in his
name. In your case, it seems that these
requirements have not been fulfilled.
However, it may also be pointed out that since a
motor vehicle is movable property, the Sale of
Goods Act, 1930, also comes into play. In your
case the sale appears to be complete, since there
was a contract for sale pursuant to which the
property was delivered upon payment of the price.
The courts may hold, in such cases, that the
registered owner is not liable if the sale of
vehicle is complete according to the provision of
the Sale of Goods Act.
You are recommended to immediately inform the
registering authority of the sale and send a copy
to the purchaser. As regards the issue of penalty
for over-speeding, it will be appropriate for you
to make a representation to the traffic police
from where the orders had been received. Inform
them about the sale of the motorbike and annex
along with copies of the cash and delivery
receipts, indicating further that you have not
been in possession of the vehicle since the date
of its sale.
I live in a locality in old Delhi which is full
of stray cows and pigs. These are a big nuisance
to all the residents. How do we get rid of them?
Sameena, Delhi
You may make a representation addressed to the
Commissioner of the Municipal Corporation stating
the problem faced by you and other members of the
locality. As per Section 417 of The Delhi
Municipal Corporation Act, 1957, no person is
allowed to use a premises to keep horses, cattle
or other quadruped animals or birds for purposes
of transportation, sale, hire or for sale of its
produce, unless he has a license granted by the
Commissioner. A contravention of this provision
will attract a penalty of imprisonment or fine of
Rs. 1000/-, and further a daily fine of Rs. 100/-
until such time as the contravention accrues.
Further, if the animals or birds are kept on any
premises in contravention to the provisions of
aforesaid Section, or are found abandoned and
roaming or chained on any street or public place
belonging to the Corporation, the Commissioner or
any officer empowered by him may seize, impound or
remove and have them kept at a place specially
identified by the Government or the Corporation.
The authorities may, after issuance of appropriate
notice, destroy stray dogs and swines. Whenever
the Commissioner is of the opinion that any
premises is being used for the purposes of keeping
the said animals and this is causing a nuisance,
he may order the owner to stop such nuisance
within a specified time. The Act prescribes a fine
of Rs. 100/- or imprisonment for any person by
whom, or at whose instance, the animals are
abandoned or tethered.
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