Search Results Page
Search Results
1 - 4 of 4 (0.20 seconds)State Of West Bengal & Anr vs Mahua Sarkar on 27 February, 2008
11. The Petitioner had failed to produce any document either
before the authorised Officer or before the Appellate Court to prove
that the vehicle was given to Harshad Thakare on hire. The liability of
the registered owner of the vehicle under the said Act is absolute
liability and burden cast upon the registered owner cannot be
discharged by preponderance of probabilities. It is not the law that
the registered owner has to probabilise his case. The law on the point
is very well settled that registered owner of the vehicle has to prove
his case before the authorised Officer that the vehicle was used for
megha Page No.5 of 7
::: Downloaded on - 07/05/2015 20:03:01 :::
1_wp3678_2013.doc
forest offence without his knowledge and connivance. Hon'ble
Supreme Court while dealing with the similar issue in the matter of
State of West Bengal Vs. Mahua Sarkar 1 has said at para 9 as
under :-
Section 26 in Indian Forest Act, 1927 [Entire Act]
Section 61 in Indian Forest Act, 1927 [Entire Act]
1