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1 - 6 of 6 (0.23 seconds)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
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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.
The Central Motor Vehicles Rules, 1989
Section 39 in The Motor Vehicles Act, 1988 [Entire Act]
Section 41 in The Motor Vehicles Act, 1988 [Entire Act]
Section 173 in The Motor Vehicles Act, 1988 [Entire Act]
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