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Imperial Fastners Private Limi vs State Of Jharkhand & Ors on 3 April, 2012

24. A combined reading of the judgments of the Hon'ble Supreme Court will make it clear that the ownership of the vehicle legally passes to the purchaser only after temporary/permanent registration of the vehicle in the name of the purchaser. Any handing over of the possession to the purchaser without registration of the vehicle has to be considered to be violation of the statuary provisions as contemplated under Section 41 of the Motor Vehicles Act. An application for registration can be 19/26 https://www.mhc.tn.gov.in/judis CMA(MD).No.742 of 2017 made only on behalf of the owner of a Motor vehicle. Therefore, when the vehicle is in the possession of a dealer and if he wants to use the vehicle in a public road for any other purpose, other than what is stated under Rule 41 of Central Motor Vehicle Rules, the dealer has to apply for temporary certificate of registration. The judgment of the Hon'ble Supreme Court reported in (2020) 15 SCC 438 (Tata Motors Limited V. State of Jharkhand and others) paragraph No.7 has clarified that the temporary registration can be obtained by any person who is the owner of a motor vehicle and is not confined to a dealer or manufacturer. Therefore, it is clear that a dealer can also be considered to be a owner of the vehicle provided he applies for a temporary registration under Section 43 of the Motor Vehicles Act, for the purposes of usage of the vehicle in a public road other than the purposes those enumerated under Rule 41 of Central Motor Vehicles Rules.
Jharkhand High Court Cites 88 - Cited by 43 - P C Tatia - Full Document
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